Dissolving a marriage in New Jersey involves navigating specific legal requirements and regulations. One frequently asked question concerns the existence of a mandatory waiting period before filing for divorce. If you are unsure of how long you have to wait before filing, please continue reading and contact our experienced Middlesex County Divorce Lawyers, who can effectively guide you through these difficult times.
Does New Jersey Mandate a Waiting Period Before You Can Get a Divorce?
If you are contemplating a divorce in New Jersey, you might wonder whether there is a mandatory waiting period before you may do so. New Jersey doesn’t require a waiting period for divorces. After all of the necessary paperwork has been filed, served, and the issues are resolved, a divorce decree can be issued by the court.
What Are the Legal Requirements for a New Jersey Divorce?
First and foremost, to receive a divorce in the Garden State, you must meet certain residency requirements. Under New Jersey law, either spouse must have been a resident of the state for at least one year before filing for divorce. However, if the grounds you plan to cite are adultery, the one-year requirement is waived.
After fulfilling the residency requirements, you will need to cite a ground for divorce. New Jersey recognizes both “no-fault” and “fault” grounds. To be eligible for a no-fault divorce, either party must have resided in the state for at least one year, and they must have experienced irreconcilable differences for at least six months, with no reasonable prospect of reconciliation, or the parties have been separated for at least 18 months.
It’s important to understand that if you wish to file on fault grounds, there could be a waiting period based on the reason for which you are filing. For instance, if you are filing for a divorce because your spouse has abandoned you, you will need to demonstrate that their desertion lasted 12 consecutive months. The following are valid grounds for divorce in New Jersey under Statute 2A:34-2:
- Adultery
- Desertion
- Extreme cruelty
- Substance abuse
- Institutionalization
- Impriosnemnt
- Deviant sexual conduct
How Do I File for Divorce?
To initiate divorce proceedings in New Jersey, you must complete and file a Complaint for Divorce with the Superior Court in the county where you reside or where your partner resides. The divorce complaint will outline the grounds for divorce and the relief sought, such as alimony, child support, and property division. After filing these papers, your spouse must be formally served. Their response will then determine the subsequent steps. In an uncontested divorce, a resolution can potentially be reached within approximately six weeks. However, a contested divorce could involve mediation, negotiations, and litigation.
If you are contemplating a divorce in New Jersey, please don’t hesitate to contact a skilled attorney from Arndt & Sutak, LLC, who can provide valuable guidance and ensure you understand your legal rights and options. Connect with our firm today to learn how we can fight for you.
