Divorce is often emotional and painful, regardless of whether it is contested or uncontested. If you are going through an uncontested divorce in New Jersey, the process can be quicker and less complicated, enabling you to move forward with life sooner. Whether you are considering ending your marriage or seeking clarity about what to expect when filing an uncontested divorce, this guide is here to help you achieve a smoother transition into the next chapter of your life. Let’s get to it, shall we?
What is an Uncontested Divorce?
An uncontested divorce occurs when both spouses agree on all terms, such as child custody, child support, spousal support, and the division of assets and debts. Unlike a contested divorce that requires court intervention to resolve disputes, an uncontested divorce avoids a trial since both parties settle their issues beforehand.
Qualifying for an Uncontested Divorce in New Jersey
To qualify for an uncontested divorce in New Jersey, you and your spouse must agree on key issues, including alimony, equitable distribution of marital property and debts, child custody, parenting time, child support, and medical expenses if you have minor children. Additionally, you must meet the New Jersey legal grounds for divorce, such as irreconcilable differences proving the marriage has been broken for at least six months and the residency requirement of having lived in New Jersey for at least one year before filing for divorce.
Steps to File an Uncontested Divorce in New Jersey
While an uncontested divorce is more straightforward and quicker than a contested one, you still need to follow all the required steps. These include the following:
- Prepare the Divorce Forms
In a New Jersey uncontested divorce, one spouse (the “plaintiff”) files the necessary forms, including:
– Complaint for divorce, which states the grounds for divorce and relief sought
– Summons, a form that notifies the other spouse of the divorce filing
– Confidential litigant information sheet, which provides confidential information for case tracking
– Affidavit of insurance, listing all current insurance policies - Notify the Court
The next step is to file all forms with the superior court in your county of residence online via the Judiciary Electronic Document Submission (JEDS) system, along with a $300 filing fee. - Serve the Papers
As the plaintiff, you formally serve the documents to your spouse through a sheriff’s officer, authorized server, or a third party over 18. The spouse must acknowledge receipt by signing an Acknowledgment of Service, which is then filed with the court. - Await Response
Your spouse may file an appearance form with a $175 fee, and if they fail to respond within 35 days of receiving the papers, you can request a default judgment to proceed. - Reach a Settlement Agreement
You and your spouse will then need to finalize the terms of an agreement, including child-related issues, spousal support, and division of assets, which must be mutually consented to. - Submit the Agreement and Finalize the Divorce
Once the settlement agreement is filed, you may be required to appear for a court hearing. For E-divorces, legal representatives can attend the hearing on your behalf. If the judge approves, the divorce is granted.
Although uncontested divorces are less complicated, having the guidance of an experienced divorce attorney is essential. This ensures your rights are protected and all terms are adequately addressed.
Contact a New Jersey Divorce Lawyer
If you are going through a divorce, contact our experienced New Jersey family law attorney at The Trabosh Law Firm for legal guidance.