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 often mediation. Mediation is an alternative dispute resolution option 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, the time it takes to get a divorce can vary. Many cases resolve within about 10 to 12 months, depending on the complexity of the issues and the level of conflict between the parties.
While New Jersey courts aim to move divorce cases along efficiently, more complex divorce cases that involve substantial assets, business interests, or contested custody issues may take longer to complete.
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 six 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 to the standard of living the couple established during the marriage
- Existence of any prenuptial or postnuptial agreements
- Each spouse’s financial well-being 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
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.
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.
