New Jersey divorce details
Uncontested vs Contested Divorce in New Jersey
Well, the difference between these two notions is that the Uncontested Divorce is an accepted type of the divorce.
The couple has already solved all the nuances about the future separate life, taking into account such issues as:
- child support and child visitation
- child custody
- property division including debts, a marital property, etc
- spouse financial support
And other disputable items of the divorce. If your spouse doesn’t agree with any of these questions, the divorce is called a Contested one. This type of the marriage termination is longer than the Uncontested one, requires much money and consumes many nerves. If with the Uncontested Divorce you even may not go to the trial, the Contested divorce is impossible without the trial process. In New Jersey, if you have the Uncontested Divorce, you will not need to hire the third person to regulate your proceedings, but the Contested Divorce cannot last without the attorney and the mediator.
Considering all the things above, we can confirm that the Uncontested Divorce is the best way to legally complete your marriage within the shortest time.
Uncontested Divorce in New Jersey
The Uncontested Divorce is a beneficial completing of the marriage. As we have already stipulated, the Uncontested Divorce is the easiest way to get free, but it also has several grounds and requirements. Here are convincing possible grounds:
- the incurable illness (stipulated by the medical institution)
- the mental illness (stipulated by the medical institution)
- the cruelty towards one of the spouses
- the constant drunkenness;
- the incest
- the adultery
All these grounds are approved by the court, but remember that your case is a unique one and especially your case will be examined in details. Later we will cover the issues of the filing for the divorce and serve the spouse with the documents for the Uncontested Divorce.
Residency Requirements to file for the divorce in New Jersey
According to the New Jersey legislation, to file for the divorce proceeding, you have to keep to these requirements:
- At least one of the spouses has to live in New Jersey for 1 year
- In case the ground for the divorce is adultery committed in New Jersey, one of the spouses has to be a permanent resident of the New Jersey State.
- The couple should file in the Chancery Division of Superior Court county of the New Jersey State
If you have not lived in New Jersey for a year yet, or your spouse is currently in the different state, you have to write a Petition to the Court to allow you the divorce process. The Court is entitled both to accept your Petition and reject it.
How to file for an Uncontested Divorce in New Jersey?
To file for the Uncontested divorce in the New Jersey State, you should be absolutely sure that all the State Requirements are met, and the Court will surely approve your willing for the divorce. The first step to the Divorce termination is when the Petitioner maintains the process and pays the specified fee to complete the divorce.The next step will be to provide another spouse with all the documents required for the court, including the Property Settlement Agreement,Child Support Agreement, etc. The preparation of the documents covers at least 2 copies of each form for various purposes. For the papers filing, you can hire the attorney or you can do it by yourself. The Defendant should sign the Petition, and within the particular period of time, as a rule, it is approximately 21 days. If he/she does not do it-the court will consider such a case as a Default one. After the particular period of time (a waiting period), the Court awards the spouses a date of the Final Decree (Judgement). At the Final Hearing, the couple will be given a Divorce Certificate, signed by the Supreme Court.
DIY Divorce in New Jersey
Do It Yourself Divorce is the type of the legal marriage termination when you do not apply for the help of the attorney and complete your divorce process by yourself. This action requires a huge responsibility and an experience in this area. If you are an inexperienced person in such a sphere, to conduct all the process depending only on your skills is an extremely risky deal. You will save a lot of money and time if you prepare the documents for the court online. Moreover, you should be sure of the 100%court approval with the help of such websites.
We can separate such pros of the DIY Divorce as:
- Rapid process
- You pay considerably less
- You do not depend on the attorney help
Anyway, DIY Divorce is a rather new divorce feature. It can be really money-saving, but it is only your decision whether to apply it or not for especially your case.
How much does an Uncontested Divorce cost in New Jersey?
The typical price for the Uncontested Divorce in New Jersey is $15 000. This price includes such expenses as:
- the fee for the divorce proceedings
- the fee for the attorney help (if required)
- the fee for the preparation of the documents
There are various factors influencing on the total fee of the divorce, for instance, the number of children in the family, the difficulty of the case, your willing to employ an attorney or not, etc. The price for the attorney begins from $350 per hour and higher. The approximate cost of the divorce process with minor children in the New Jersey State is of the amount of $23500, involving the fee for the attorney (about $19,900).
How Long Does It Take to Get Divorced in New Jersey?
In New Jersey, the approximate time for the Uncontested Divorce is 6-7 months, but for the Contested one this term can extend to 1 year or so. If you agree with your spouse on all the crucial points, it will be not so long. The court cannot finish the case until all the deals are solved.
Papers and Documents You Need to Get a Divorce in New Jersey
Here you will observe lots of different documents, but please be sure which forms you really need especially for your case. You may not be in need of all the forms such as:
- 10482 Family Case Information Statement (CIS) (LSNJ's form 3A)
- 10486 Confidential Litigant Information Sheet (LSNJ's form 3B)
- 11208 How to File for a Fee Waiver – All Courts (Partial match for LSNJ's forms 4 & 5)
- 11490 Certification of Diligent Search Kit (LSNJ's forms 9, 9a-h, 10a)
- 11191 Certification of Non-Military Service (LSNJ's form 18)
- Complaint about Divorce Based on Living Separate and Apart (NJ-801D)
- Separation and Property Settlement Agreement (NJ-803D)
- Certification of Verification and Non-Collusion (NJ-805D)
- Affidavit of Insurance Coverage (NJ-806D)
- Family Part Case Information Statement (NJ-4-36-2)
- Non-Military Affidavit (NJ-807D)
- Summons (808D)
- Acknowledgment of Service (NJ-KB-001)
- Request and Notice of Default Hearing (NJ-810D)
- Final Judgement of Divorce (NJ-811D)
- Answer and Waiver
- Complaint about Divorce
- Marital Settlement Agreement
- Judgment or Divorce
- Notice of Taking Records Deposition
NB! Remember, that you can’t send to the court documents online! You can order and print them from the website.
How to serve your spouse in New Jersey
In the couple, one spouse is definitely a Petitioner, and another one is a Defendant. The Petitioner has to serve the Defendant with all the essential documentation. If you are a Petitioner, you have to make at least 2 copies of each document both for yourself and your spouse. In New Jersey, you have to serve your spouse within 30 days from the Petition signing. You can deliver your spouse all the documents personally or send the documents by email or post. If your spouse does not receive any forms and papers for the first time, you should repeat this action.
Online Divorce in New Jersey
We are sure that you have heard about this term, but what exactly does it suggest? Well, as we can see, the online divorce service helps you to provide all the documents for the court online. It is a highly interesting proceeding due to the fact that you do not waste the huge sum of money on the attorney help with the preparation of the papers. You choose the most suitable website, order the paper kit you need, pay the fair and reasonable price, on our site it is $149, wait for the ready papers and go with them to the court. Everything is clear. With such a deal you will get the papers faster and more comfortable. With the preparation of the documents online you will have 100% court approval.
Rules for child support in New Jersey
In the New Jersey State, both parents are responsible for the children wellness and prosperity. After the divorce process parents still have equal rights for the child, according to the county legislation. Anyway, the court will act according to the child interest and as better for the child as possible. The judge can pay attention to such factors as:
- the communicative skills of both spouses
- the domestic violence presence towards one of the spouses
- the relations with the child
- the child’s choice and the grounds for such a choice
- the physical state of both spouses
- the number of children
- the age of the children
- the income rate of both spouses
- the future financial perspectives of both spouses
In case of the Default Divorce, the mediation process regarding child custody is must-have. The court will definitely require it if you have any misunderstandings. The rate of the financial support and a visitation process are stipulated only by the court. If one of the spouses cannot come to the right decision, the mediator or the attorney will assist him/her.
Rules for spousal support in New Jersey
After the divorce procedure the spouses start a new life, but previously they need to complete their case fully and without any remarks. The spousal support plays a really important role in the whole divorce proceeding. The spousal financial support depends on the several factors like:
- The health state of both spouses
- The tax rate of both spouses
- The income of both spouses
- The living conditions of both spouses
- The future material perspectives of both spouse
And other fundamental aspects. The spousal support can be judged by the court and can also vary according to the court decision. If you want to take a bigger sum, you should ask the permission of the court. The Supreme Court has a right to reject or approve the Petitioner’s claim. Remember that all the cases are different and you should do your best to agree with your spouse on the affordable spousal support.
Division of property in New Jersey
In New Jersey, the division property is fare and rather smooth. The grounds for the clear property division are:
- The duration of the legal marriage
- The age and physical state of both spouses
- The income of both or spouses
- each spouse’s financial situation
- The child custody terms
- The tax rate of each spouse
- The current value of the property
- The individual debts of both spouses
- The future perspectives of both spouses
The property can be marital and separate. The marital property you have to share between the spouses, however, the separate property cannot be separated due to the fact that it was bought before the legal marriage. The separation of the property seems to be a rather tough action. The more testimony you serve the court, the fairer division of the property is.
Divorce Mediation in New Jersey
The mediation is a process when both spouses negotiate with each other with the third person. In the majority of cases, when the spouses fail to agree with each other, they need to attend the mediation process. The mediation includes the first hearing, where the spouses can negotiate, second hearing or more if required. In New Jersey, the court requires every couple, who have the Default Divorce to go to the mediation procedure.
How to divorce a missing spouse in New Jersey
In New Jersey, the missing spouse can cause several troubles. The Petitioner should find the missed spouse and serve him/her with all the necessary documents. If you do not know your spouse’s location, you have to find him/her. At least, try to do it. You can ask the friends and parents of the spouse about his/her location, go to the police for the facts about the missing spouse. Furthermore, you can announce in the local newspapers about the missing person. The divorce can have more complexities in such a situation, but nonetheless, you will get the divorce even without your missing spouse’s presence. If you have such a situation, you need to have a consultation with the legal body in advance.
The Default Divorce in New Jersey
If one of the spouses does not take part in the divorce process or is not willing to file with the court, such a divorce is known as a Default one. In the New Jersey State, you can divorce even without the agreement of your spouse. You need to file with the court a packet of essential documents and have a court hearing. The Default divorce grounds are as follows:
- Extraordinary violence or cruelty
- Deceitful contract
- The absence of must-have duties
- Excessive drinking
- Imprisonment of each spouse in a state or federal correctional institution at the same time of filling out the Petition
- Culture/Religion/Disease issues
And a lot of other grounds. In New Jersey, the waiting period before the court hearing is usually stipulated by the court. It is approximately six months. The Final Judgement is the next and the last proceeding after the waiting period.
Default vs No-Fault Divorce in New Jersey
As we have already pointed out, the No-Fault divorce is rather easier than the Default one. The Default divorce can include some difficulties, and for this reason, the Default divorce can be longer than the No-Fault one. The cost for both divorces is also different. The No-Fault divorce will be much economical than the Default one. It is a fact.
How can I get a Default Divorce Hearing in New Jersey?
Firstly, the Petitioner files with the court in the special county he/she currently lives. Then both spouses should file for the court all the valid documents for particularly their case, according to the jurisdiction of the particular county. The Petitioner provides the Defendant with all the copies of the documents. The documents will be examined by The Family Court. After all the papers are prepared, the court approves or rejects them. The next step for the court hearing will be to appoint the particular waiting period and the date of the first hearing. All the following divorce process depends on the court verdict.
Annulment of the marriage in New Jersey
The annulment of the marriage determines that the marriage has never been legal. It is not an easier process than the divorce. For instance, there are some grounds for the annulment of the marriage:
- the marriage process was a fraud
- one of the spouses was under 18 years old at the time of the marriage
- one of the spouses is seriously or mortally ill
- the fact of the marriage was forced by one of the spouses
The court will recognize every single issue before giving the final verdict regarding the annulment in New Jersey.
Legal Separation in New Jersey
The legal separation requirements are almost the same as for the regular divorce procedure. The grounds also replicate the grounds for the divorce process. The main difference is that the legal separation does not mean the end of the marriage in comparison with the divorce procedure. The spouses cannot remarry or live together with somebody else until their marriage is finally terminated according to the current legislation in the New Jersey State.
The Same-Sex Divorce in New Jersey
In 2017 the legal Superior Court of the New Jersey State completed the Same-Sex marriages and divorces. The Same-Sex divorce includes the same terms as a regular divorce proceeding. The Uncontested Divorce of the Same-Sex couple includes the factors that are already discussed above. Nowadays, the Same-Sex couples have the same rights as any other citizen of the New Jersey State and can have the same citizen position as the typical resident of New Jersey.
Military Divorce in New Jersey
Well, firstly, you have to announce your military spouse about the divorce process via email or post. If the area of the military position is not far away from the New Jersey State, you can personally give the military spouse documents to file with the court. You may also ask the military commander of your spouse to provide him/her with the forms.
How to divorce a spouse in a jail in New Jersey
The spouse, who is currently in a jail, can also obtain the documents for the court by the post or personally from the Petitioner. The procedure of the divorce with the spouse in a jail is the same as the regular divorce process.
Divorce filing fee
You can pay the fee to for the divorce process to your personal account. The final price of the divorce is pointed to by the court. You can get the price lower by means of ordering the preparation of the documents online, but all the misunderstanding you had better discuss with the legal body within your county. The fee might vary in different counties.
Can a fee be waived?
In New Jersey, for the fee waiving you have to show the court that you do not have any money to pay for the divorce procedure. The certificate of your income, the material possibilities in the future and the reasons for the fee waiving are carefully examined by the Supreme Court. You have to write an Affidavit for the court process. The court decides to confirm your request or reject it.
How we can help
To consider all the prior information, we can come to the conclusion, that the divorce is a rather complex process for both spouses. We will do our best to assist you with every single issue regarding the preparation of the documents online. Get a new life right now with us!
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