Archive for the ‘Divorce’ Category

How Long Do You Have to Be Separated to File for Divorce In New Jersey?

Though deciding to get divorced is never an easy decision, residents of the state of New Jersey can take some comfort in the fact that the state has made divorce a relatively straightforward process, especially as compared to the laws in our neighboring state of Pennsylvania. In Pennsylvania, couples seeking divorce have to endure months of separation and a process that can go on for years, the state of New Jersey has made it possible to end a marriage quickly and easily if both spouses are motivated for that to happen, and even when a divorce is contentious, the law states that no divorce should take longer than one year from the date that the Complaint for Divorce is first filed. Anybody who has gone through an arduous, years’ long process can tell you that represents a real gift.

If you are considering a divorce, or are about to begin the process, the best thing you can do for yourself is to learn what to expect and what your options are. If you are looking for things to move along as quickly as possible, your best bet is for both of you to agree to a no-fault divorce. This option can lead to a process that takes just a month and a half, from beginning to end. The key to managing your expectations is to know that there are nine acceptable Grounds for Divorce in New Jersey, and each one has a prescribed waiting period that has to pass before you file for divorce. Irreconcilable Differences is the easiest and shortest of the nine: it involves having both parties indicating that the marriage has suffered for a minimum of six months, and if both parties agree to this it means that just under two months need to go by between the time of filing and the time that the divorce is finalized.

As is always the case, the matters that end up taking the most time in a divorce are those that involve how to address child custody and division of assets. The more the couple argues over these issues, the longer the process will take.

If you are a New Jersey resident and need information or representation on the divorce process, contact our office today for compassionate, professional legal guidance.