How to Get Divorced Immediately in New Jersey
Getting divorced in New Jersey doesn’t have to be a long, drawn-out process if you qualify for an expedited procedure. In certain circumstances, you can get divorced relatively quickly — fast-tracking your start to a new life.
At Netsquire, our uncontested divorce lawyers help couples “get happy” after divorce by expediting the process in eligible circumstances. We believe ending a marriage should open the door to new positive chapters, not years of conflict. In certain situations, you can quickly untie the knot – fast-tracking your fresh start to an unfettered new life.
This guide covers the situations that allow for an immediate divorce in New Jersey and the exact steps you need to take.
Uncontested and Contested Divorces in a Nutshell
In New Jersey, there are two ways to divorce: uncontested and contested. Here’s what you need to know about each.
Uncontested divorce is the type of divorce where both spouses agree on all key issues, including child custody, support, alimony, and property division. It’s faster, less expensive, and less stressful than a contested divorce.
Whereas, a contested divorce happens when spouses disagree on one or more key issues, requiring court intervention. Because of this, it’s often associated with higher costs and more emotional stress. Ultimately, the type of divorce you choose is up to you and your soon-to-be ex, but uncontested is the way to go if you’re looking for the fastest route.
Do You Qualify for an Uncontested Divorce in New Jersey?
To file for an uncontested divorce in our state, you must meet specific requirements:
- At least one spouse must be a New Jersey resident for at least one year before filing.
- In some cases, such as when the grounds for divorce occurred in New Jersey, the residency duration may be shorter.
- New Jersey allows for no-fault divorce based on irreconcilable differences or if you and your spouse have been separated for at least 18 months
- Lastly, you and your spouse must agree on all essential matters, including:
- Child custody and parenting time
- Child support
- Alimony (spousal support)
- Division of marital property (equitable distribution)
If you can check off all those boxes, you’re likely eligible for a streamlined, uncontested divorce process. This allows you to efficiently dissolve your marriage and move forward with the next chapter of your life in an amicable manner.
Filing for an Uncontested Divorce in New Jersey
If you meet the above qualifications for an uncontested divorce, you can follow the steps below to get the process rolling.
- Contact a Divorce Lawyer — Schedule a consultation with a lawyer specializing in handling uncontested divorce cases. An attorney can draft the necessary divorce paperwork and guide you through each stage of the process.
- Prepare and File the Divorce Complaint — Obtain and complete the necessary court forms, including the Complaint for Divorce. File the complaint with the Superior Court, Family Division in your or your spouse’s county. Pay the $300 filing fee or apply for a waiver if you qualify.
- Serve Divorce Papers (Summons) to Your Spouse — Choose a service method, such as a process server or certified mail. Your spouse has 35 days to respond to the complaint.
- Draft and File the Marital Settlement Agreement — Work with your spouse to create a comprehensive agreement addressing all key issues. File the signed agreement with the court.
Once you’ve filed the necessary paperwork and reached an agreement, the court will review your settlement to ensure it’s fair and complies with state laws. If everything is in order, the court will issue a Final Judgment of Divorce, legally ending your marriage.
The timeframe for receiving the judgment varies, but an uncontested divorce is generally faster than a contested one.
Stuck on Some Issues? Mediation May Help Move Things Along
While an uncontested divorce requires mutual consent on all major matters, that doesn’t mean the path is impossible if you and your spouse currently have some unresolved conflicts. Mediation can provide a constructive setting to work through sticking points with the assistance of an impartial third-party mediator.
The mediator’s role is to facilitate open and honest discussion between you and your spouse. They help identify areas of disagreement and guide you both toward finding reasonable compromises you can accept. Many couples can reach a final settlement through this process.
Some common divorce issues that may require mediation include:
- Division of assets and debts
- Spousal support/alimony payments
- Child Custody schedule and decision-making
- Child support calculation
Mediation allows you to have a voice in determining the outcome rather than leaving it entirely up to a judge’s ruling. Because you’re actively involved in crafting the agreement, compliance rates are generally higher post-divorce.
If some issues still can’t be resolved via mediation, the remaining contested aspects may eventually go before a judge. But mediation often resolves many or even most disputes, putting you in a better position to pursue an uncontested divorce overall.
How Legal Representation Can Expedite New Jersey Divorces
Executing an uncontested divorce without legal representation is possible, but working with an experienced divorce lawyer can provide numerous benefits.
Your family law attorney can:
- Ensure your rights and interests are protected throughout the process.
- Draft, file, and serve all necessary forms and responses.
- Help you understand the legal complexities and requirements of divorce in New Jersey.
- Negotiate fair and equitable settlements.
- Represent you in mediation, if necessary.
- Provide guidance and support during this challenging time.
When selecting a divorce lawyer, look for someone with:
- Extensive experience in New Jersey family law and divorce cases.
- A track record of success in achieving favorable outcomes for clients.
- Strong communication skills and a commitment to keeping you informed.
- Compassion, understanding, and dedication to your well-being.
While an “immediate divorce” may not be entirely possible in New Jersey, an uncontested divorce offers a relatively quick and straightforward path to ending your marriage.
By understanding the requirements, processes, and potential challenges, you can make better decisions that align with your unique circumstances.
Remember, divorce is a significant life event with lasting consequences. So, you should approach the process with care, consideration, and a focus on your long-term well-being.
Ready to Move Forward with an Uncontested Divorce?
At Netsquire, we know what you’re up against. Divorce is one of the toughest decisions most people will ever make, but we also know that sometimes, when that decision is final, you want to move on as quickly and quietly as possible. That’s how we help.
If you’re ready to file an uncontested, no-fault divorce in New Jersey, don’t delay moving on with your life. Our legal team is here to guide you through the process and resolve any outstanding issues through mediation if needed.
Take the first step today toward your fresh start by scheduling an initial consultation with one of our attorneys.
About the Author
John Nachlinger is a co-founder and managing attorney of Netsquire, a family law firm focused on streamlining divorces through effective mediation, settlement drafting, and court filing assistance. As a New Jersey Supreme Court Certified Matrimonial Law Attorney and Qualified Mediator, John guides couples toward equitable agreements without the cost and stress of litigation.
Recognized as a New Jersey Super Lawyer for over a decade, John’s client-focused approach aims to foster understanding during challenging transitions. With a background spanning top law journals, judicial clerkships, and boutique family law firms, John now applies his analytical skills to create workable solutions for all parties. His mediation services reshape the divorce journey by prioritizing compassion and compromise.