How Long Does It Take to Get a Divorce in New Jersey?
There is no exact length for all divorces in New Jersey since each case will have different variables. However, there are some timeframes to consider when thinking about how long it might take to get a divorce in New Jersey.
- In most cases, a couple must be separated for 18 consecutive months before filing for a no-fault divorce
- Once a divorce is filed, if it is uncontested, then it could be finalized as soon as 6-8 weeks. However, it will likely take a few months for everything to be finalized
- If the divorce is contested, then the process could take several months to a year
- New Jersey generally mandates that a divorce be finalized within 12 months. Exceptions might be made for high-conflict cases with complex litigation
Is New Jersey a 50/50 Divorce State?
New Jersey is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. The court is not obligated to split marital property 50/50.
The court will consider several factors when dividing the property, including the length of the marriage, the contributions of each spouse to the marriage, and the needs of each spouse.
The court may award them a larger share of the property in that case. Similarly, consider that one spouse has a greater need for financial support after the divorce.
The court may grant them a larger share of the property in that case. It is important to note that the court's goal is to divide the property fairly, not necessarily equally. This means that the court will consider all of the factors involved in each case and make a decision that is in the best interests of both spouses.
If you are considering divorce, speaking with our attorney to discuss your rights and options is crucial. Our divorce attorney can help you understand the law and represent you in New Jersey court if necessary.
How Much Does Divorce Cost in New Jersey?
In the same way that you cannot predict the length of the divorce process, you cannot know exactly how much it will end up costing. Legal fees and other miscellaneous costs add up over the course of the process, and a divorce that is highly contested will end up costing more.
One expense you can be sure of is the filing fee. It costs $300 to file for divorce in New Jersey, and it costs an additional $25 for a parent education class if applicable.
Is New Jersey a No-Fault Divorce State?
A couple can file for divorce in New Jersey based on no-fault or fault grounds.
No-fault grounds – A no-fault divorce is the most common since it doesn’t require proof of fault in either spouse. Rather, a spouse can file for divorce simply because there are “irreconcilable differences” that are beyond repair. The marriage must be in this state for 6 months before a spouse can file for divorce using no-fault grounds.
At-fault grounds – Other grounds for divorce include:
- Adultery
- Abandonment (12 months or more)
- Alcohol or drug addiction
- Deviant sexual conduct
- Cruelty
- Imprisonment
- Mental illness that requires being institutionalized for 24 consecutive months
Are you going through a divorce in New Jersey? Contact our Morris County divorce firm to discuss your specific situation and the best way to proceed.
Negotiating a Divorce Settlement
It is often stated that the hallmark of a good settlement is one where both parties to the agreement are equally unhappy with it. While this comment is meant to be somewhat ironic, there is also some basic truth to it. Settlement agreements are the result of compromise on both sides.
At Riordan Family Law, our lawyers are committed to assisting you in identifying and prioritizing key issues. It is always our goal to minimize the acrimony, cost, and time involved in achieving our clients’ goals. It may not always be possible to resolve a matter amicably, however, and then we are prepared to litigate thoroughly and zealously.
Receive Assistance with Asset Distribution
We will assist you in locating and confirming the assets of the marital estate. It is not unusual for one spouse to be without much knowledge as to the extent of marital assets and liabilities.
Indeed, there are many cases, in which the financially dependent spouse has no information as to the bread-winner’s true effective income, even when they have seen the tax returns. In those cases, a seasoned attorney will know how to ferret out the truth, even when one party is less than forthcoming. Our goal is to ensure that our clients have received their fair share of the marital assets and any credits they should receive for premarital or exempt contributions to the marital estate.
Our years of experience have enabled us to look at the larger picture and help our clients arrive at the best result possible in their circumstances. Cases in which one party is attempting to hide assets are not usually conducive to mediation or collaborative law approaches.
At least initially, such matters will probably have to be presented to the court until the offending party realizes that his or her evasive tactics are not going to work. In these kinds of scenarios, it is imperative that the affected party retain an attorney as soon as there is a sign of divorce or separation on the horizon.
In other cases, inequities may arise where one party has made contributions, whether financial or otherwise, to the marital enterprise, and the other party has not or has dissipated the marital assets for their own personal interests. At times, a closely held business is involved in the assets that will be subject to equitable distribution.
The business may have been started prior to the marriage. These are all complex issues requiring the guidance of an attorney and, sometimes, other professionals for appraisals and forensic evaluations. While these problems may seem insurmountable when it is your life that is being affected, as experienced Morris County divorce attorneys, we have dealt with these situations innumerable times, and we can steer you toward solutions.
Protect Your Interests: Contact Us Today
If you are thinking about divorce, or your spouse has told you that he or she is contemplating a divorce, you should immediately explore your rights and protect your interests. At Riordan Family Law, we stand ready to provide you with compassionate and assertive representation.
Call (973) 577-4118 to schedule a consultation at our Morris County divorce law firm today to learn more.
