For many, the idea of going through a divorce can be incredibly overwhelming, as there are many important legal matters you must first take into consideration. One matter that you may not have considered, however, is what the waiting period to file for divorce is in New Jersey. If you’re unsure of how long you must wait before filing, you’ll want to keep reading. The following blog explores what you should know about these matters and why it’s critical to connect with a Somerset County divorce attorney to assist you through these troubling times.
Is There a Waiting Period to Get a Divorce in New Jersey?
If you want to file for divorce, you may wonder if there is a mandatory waiting period before you can do so. Unfortunately, the answer depends on several factors. First and foremost, you’ll need to determine if you meet the residency requirements necessary to file under New Jersey law. Either spouse must have been a resident of the state for at least one year before filing for divorce.
In New Jersey, the majority of divorces are filed on the grounds of irreconcilable differences. Essentially, this means that there was a breakdown in your marriage that cannot be repaired. As such, there is a six-month waiting period if you wish to pursue this option. However, this generally only applies to new marriages. If you and your spouse have been married for two years, you can generally file at any time, so long as the breakdown began 6 months prior to when you file. However, if you are a new couple who have only been married for two months, you must wait the full six months before attempting to file for divorce.
It’s important to note that if you wish to file on fault grounds, there may be a waiting period associated with the reason for which you are filing. For example, if you are filing for divorce on the grounds that your spouse has abandoned you, you must be able to show that this desertion lasted 12 consecutive months. However, you should also note that if you are filing on the grounds of adultery, the residency requirement may be waived, allowing you to obtain a divorce even if you have not lived in the state for one year.
How Do I File for Divorce?
If you wish to file for divorce in New Jersey, it’s imperative to understand the steps in this process. Generally, the first thing you must do after ensuring you meet the residency requirements and waiting period for the grounds on which you want to file is to complete the divorce papers. Typically, this includes a complaint that contains information regarding the grounds for divorce and the relief (alimony, child support, property division, etc.) you wish to seek as part of the settlement.
Once you have submitted the divorce papers to the court, you’ll need to serve your spouse. After they submit their response to your petition, the next steps will depend on the unique circumstances of your case. If uncontested, you may be able to continue quickly to have these matters settled in as little as six weeks. However, if the divorce is contested, mediation, negotiation, and litigation may occur.
Though filing for divorce on your own may seem simple, unfortunately, this process can be incredibly complicated. That is why it’s imperative to connect with an experienced divorce attorney to guide you through this process. At the Siragusa Law Firm, we understand that divorce can be an emotional and overwhelming time. That is why our firm is committed to helping you navigate this process with as much ease as possible. When you need help, our team is here. Contact us today to learn more.