Cost-Effective Divorce Options: What is the Cheapest Way to File for Divorce in New Jersey?
The cheapest way to file for divorce in New Jersey is mediation. Mediation is an “alternative dispute resolution.” to going through litigation. Generally, mediation will be much less expensive than divorce litigation.
Mediation is confidential, private, and results in a divorce agreement that is mutually beneficial for both parties.
One major benefit of mediation is that it can help preserve the relationship between the spouses, which may enable them to collaborate more effectively in the future.
Timeline for Divorce: How Long Does It Take to Get a Divorce in NJ?
In New Jersey, getting a divorce can vary between 10 to 12 months. The courts in New Jersey have mandated that no divorce should take longer than 12 months from the first filing date of the Complaint for Divorce.
However, exceptions can be made for complex divorce cases.
Fault-Based vs. No-Fault Divorce: Understanding Your Options
You have the option of pursuing a fault-based divorce, meaning one or both spouses’ conduct led to the dissolution of the marriage, or a no-fault divorce, which means that neither spouse was at fault for the breakdown of the marriage.
New Jersey offers two types of no-fault divorce:
No-fault divorce based on separation
If you and your spouse have lived apart for the last 18 months you could file for a no-fault divorce based on separation.
No-fault divorce due to irreconcilable differences
If you and your spouse have experienced irreconcilable differences for at least 6 months before the divorce, you could pursue this option.
The grounds for filing for a fault-based divorce include but are not limited to the following:
- Desertion
- Extreme cruelty
- Adultery
- Voluntarily induced addiction to a narcotic drug and/or alcohol
- Institutionalization for mental illness
- Imprisonment
- Deviant sexual conduct
If you are pursuing a fault-based divorce, it would benefit you to consult with an experienced divorce lawyer beforehand to ensure your reason for filing is considered valid according to the law.
Duration of No-Fault Divorce: How Long Does a No-fault Divorce Take in NJ?
In New Jersey, a no-fault divorce can take as little as three to six months if there are no issues, such as children, property, or debts. The shortest possible timeframe for a simple, uncontested, no-fault divorce is under two months.
Property Division in Divorce: How Is Property Divided in a New Jersey Divorce?
New Jersey is an equitable distribution state, meaning asset and property division will be dictated by fundamental fairness, or what the court deems fair under the circumstances of each case. The factors the court will consider before dividing a couple’s property includes but is not limited to the following:
- Length of the marriage
- Present value of all property
- Each spouse’s physical and emotional health
- Accustomed standard of living the couple established during the marriage
- Existence of any prenuptial or postnuptial agreements
- Each spouse’s financial wellbeing and economic circumstances
- Any income and/or property either spouse brought into the marriage
- Each spouse’s income and earning capacity
- Any contribution of either spouse to increase the earning power of the other spouse
- Extent to which either spouse delayed career goals during the marriage
- Each spouse’s debts and liabilities
- Any other factors the court finds relevant
Contact Our New Jersey Divorce Lawyer for Assistance Today
Suppose you are thinking of filing for divorce in New Jersey. Speaking with an experienced Somerset County divorce lawyer is essential in that case. Our Somerset County family law lawyer can help you understand your legal rights and options and represent you in family court if necessary.
If you need assistance navigating your divorce, call our office at (908) 259-6673 or reach out to us online to schedule a consultation. We are proud to serve clients across Central New Jersey.
Your Local Family Divorce Resource in Somerset County, NJ
At Lane & Lane, LLC, we understand that navigating a family divorce in Somerset County can be a challenging and emotional experience. Local residents often face unique challenges, such as understanding the specific requirements set forth by the New Jersey Family Court and the impact of local community resources. Whether you reside in Bridgewater, Hillsborough, or Franklin Township, our team is here to guide you through the complexities of divorce.
Somerset County offers various resources for families going through divorce, including the Somerset County Family Court, which provides information on filing procedures and mediation services. Additionally, local organizations such as the Somerset County Women's Shelter can offer support for those facing domestic issues during a divorce. We encourage our clients to utilize these resources to help ease the transition during this difficult time.
Common pain points for residents in our area include concerns about child custody arrangements, equitable distribution of assets, and the emotional toll that divorce can take on families. Our knowledgeable team is well-versed in New Jersey's divorce laws and can help you navigate these issues effectively. We recognize that every family is unique, and we are committed to providing personalized solutions that address your specific needs.
As you consider your options for divorce, remember that you are not alone. Our Somerset County divorce lawyers are dedicated to helping you achieve a fair resolution while minimizing conflict. We are proud to serve our community and are here to support you every step of the way.
For assistance with your family divorce, call our office at (908) 259-6673 or reach out to us online to schedule a consultation. We are here to help Somerset County residents navigate their divorce journey with compassion and understanding.
Commonly Asked Questions
What Happens If My Spouse Doesn’t Respond to the Divorce Petition?
If your spouse fails to respond to the divorce petition, you may be able
to proceed with an uncontested divorce. In New Jersey, the court can grant
a default judgment in your favor if the other party does not respond within
35 days of being served with the divorce papers. However, it is important
to ensure that proper service of documents has been made and to consult
with an attorney to ensure the divorce moves forward legally.
Can I Get a Divorce in New Jersey if My Spouse Doesn’t Live in the State?
Yes, you can still file for divorce in New Jersey even if your spouse does
not live in the state, as long as you meet the residency requirements
(having lived in New Jersey for at least one year before filing). Your
spouse may be served with divorce papers out of state, and New Jersey
courts have the jurisdiction to handle the case. However, complications
may arise if your spouse is uncooperative or if there are custody issues involved.