how do i file for divorce in nj without a lawyer how much will the judge award for child support

How do I file for divorce in NJ without a lawyer?

The Complaint for Divorce Form must be filed in the County Clerk’s Office of the State Court of the county in which you or your spouse reside or work. You must also provide filing fees at the time you submit your complaint. New Jersey permits both “no-fault” and fault divorces.

How much does it cost to file for divorce in New Jersey?

The filing fees are dependent upon the jurisdiction but typically are about $250. At the time of filing, you will receive a docket number which will help you keep track of your case. Under New Jersey law, once you have filed for divorce, you must provide legal notice to your spouse.

How is child support calculated in New Jersey?

Child support in New Jersey is calculated by using the Child Support Guidelines formula that takes several factors into consideration, including family income and the amount of time each parent spends with a child.

How do I serve my spouse with divorce papers in New Jersey?

Under New Jersey law, once you have filed for divorce, you must provide legal notice to your spouse. The easiest method of accomplishing this is providing copies of all submitted forms to your spouse and having them sign a receipt stating they were legally served. If your spouse refuses this method, then you may use a variety of other methods:

What is an uncontested divorce in New Jersey?

In New Jersey, an "Uncontested Divorce", (commonly referred to as a "Simple Agreed Divorce" or an "Amicable Divorce"), both of the spouses agree about all of the terms of their divorce. On the other hand, when the spouses do not agree on all of the terms of their divorce it is said to be a "Contested Divorce".

What is a divorce decree in New Jersey?

A divorce is a type of judicial process that results in a court "order" signed by a judge that dissolves a marriage. In New Jersey the Order is called a Final Judgment of Divorce. In some other states it is called a Decree of Divorce. The Judgment of Divorce can also contain provisions that establish the post marital rights and obligations ...

Is it easier to get a final judgment of divorce in New Jersey?

Filing for an uncontested divorce in New Jersey and obtaining a final judgment of divorce is much simpler, less expensive and less stressful than filing for a contested divorce, because a contested divorce requires a trial before a judge.

Can I file for divorce in New Jersey without a lawyer?

How to File an Uncontested Divorce in New Jersey Without a Lawyer. In New Jersey, an uncontested divorce can be filed without an Attorney. If both spouses can reach an agreement on all of the details of their divorce, and they agree to file their divorce as an uncontested divorce, the legal process for filing an uncontested no-fault divorce ...

Can I get divorced in New Jersey without an attorney?

In a simple divorce, the benefits of filing a do it yourself uncontested divorce in New Jersey without an Attorney in New Jersey is that it can be a quicker, cheaper and less emotionally stressful process to get divorced than litigating a contested divorce where one or more spouses have an Attorney. New Jersey divorce law allows ...

Is there a no fault divorce in New Jersey?

This is New Jersey's version of no-fault divorce where a marriage has broken down for at least six months because the spouses are incompatible and there is no reasonable prospect ...

What is the response to a divorce complaint?

The responses to a Complaint for Divorce are: The defendant may file an Answer, which may agree with all of the points in the complaint, or disagree with some or all of the points. The defendant may file an Appearance which agrees to the divorce but disagrees on certain issues like spousal support or property division.

How to serve divorce papers in person?

If your spouse refuses this method, then you may use a variety of other methods: Mail—you may mail the complaint and summons to your spouse’s home address using certified or registered mail. Attorney —your attorney can serve the divorce papers in person. Sheriff’s deputy.

How long do you have to be married to get an uncontested divorce?

Been married for less than five years. A settlement agreement eliminates the need for a trial.

What happens if you and your spouse are unable to agree on certain issues?

If you and your spouse are unable to agree on certain issues, then the judge will appoint a trial date. You and your spouse will almost certainly need a trained litigator to conduct investigations into each party’s allegations, prepare arguments, submit appropriate documents and make arguments in open court. Most attorneys will demand a significant fee for each of these responsibilities. The more experienced your attorney is, the more likely you are to receive what you desire from the divorce, but their fees are also likely to be higher. In many complicated divorce cases, the costs can exceed $10,000.

How long do you have to live in New Jersey to get divorced?

Requirements to file for a New Jersey divorce. You or your spouse must have resided in the state of New Jersey for at least one year prior to filing for divorce. If the grounds for the divorce is adultery, there is no required residency period, but you or your spouse will need to provide an affidavit attesting that one of you is a New Jersey ...

What are the issues of contention in divorce?

In almost every contested divorce, the issues of contention involve the distribution of assets and debts, child custody and support, or alimony. If you and your spouse have unresolved differences about these issues, you should understand how New Jersey courts typically treat them.

What happens if an asset is indivisible?

If the asset is indivisible, the judge may order its sale and divide the proceeds. The judge may also award a share in a property like a business, in effect making spouses co-owners. In some cases, a judge may award an asset to one spouse while awarding another asset of similar value to the other.

What is an uncontested divorce in New Jersey?

An uncontested divorce in New Jersey is also sometimes referred to as a Simple Agreed Divorce or an Amicable Divorce. Filing an uncontested divorce is less stressful, saves time and saves money because there is no trial in front of a judge.

How does a defendant get served in New Jersey?

New Jersey law requires that a defendant be served with paperwork either by having a sheriff complete the services in the county where the defendant lives or works, or that the paperwork is delivered through the mail, using certified mail, restricted delivery with return receipt requested.

How long do you have to live in New Jersey to file for divorce?

To file for a divorce in New Jersey, at least one of the spouses must have lived in the state for a minimum of 12 months prior to filing initial paperwork.

How much does a defendant have to pay to serve a response?

A defendant who files a response will also need to pay a fee of $100 to $200. There will be an additional fee that will need to be paid to have the paperwork served on your spouse. This will also vary and will depend on the location of your spouse and the method that you choose for service.

How long does it take to file a counterclaim in a divorce?

After the paperwork has been served, the defendant has 35 days to either file an appearance to object to some of what the plaintiff is asking for, file an answer to either agree or disagree with statements in the complaint, or file a counterclaim to state new reasons for the divorce.

How to go through a divorce?

Another way to go through a divorce is by using the services of a mediator, as long as both you and your spouse agree on this option.

How much does it cost to file a lawsuit in New Jersey?

When you file, you will also need to pay a filing fee that will vary from county to county and run between $100 to $350. If children are involved, you will need to pay an additional $25 Parent Education fee to the court as well. A defendant who files a response will also need to pay a fee ...

How long does it take to file a default in a civil case?

Request a default. If the defendant doesn't file a response within the 35-day time period , the plaintiff can request a default from the court. This frequently occurs in uncontested cases, because by that time all the issues are resolved, and there's normally no need for the defendant to file a response.

What happens if you disagree with your spouse in divorce?

If you or your spouse disagree about any of these items, the court will consider your divorce "contested," and it will go to a trial. Keep in mind you can still reach an agreement at any time before the judge issues a final judgment.

Why is a divorce settlement agreement important?

The Importance of a Divorce Settlement Agreement. Remember that for a court to view your case as truly uncontested, you need to have resolved all issues. It's great if you and your spouse can do that on your own. But, you may find you need the assistance of attorneys or a qualified mediator.

What is the ground for divorce?

This is considered a " no-fault " ground for divorce because the spouse filing for divorce isn't pointing a finger of blame at the other spouse. Another no-fault ground for divorce is when the couple has lived separate and apart in different habitations for at least 18 consecutive months, and there's no prospect of them reconciling.

How long do you have to live in New Jersey to get divorce?

First, there are residency requirements for divorce. The most common is that one of the spouses must have lived in New Jersey for at least one year before the first divorce papers are filed with the court, except if the divorce is based on adultery. (N.J. Stat. Ann. § 2A:34-10.)

How to serve your spouse?

Serve your spouse. Once you've filed your papers, you need to serve them on the "defendant" (the other spouse) by having them delivered. If you and your spouse are on good terms, you can give the documents to your spouse informally and have your spouse sign an "acknowledgment of service", which you must then file.

Can a spouse hire an attorney for an uncontested divorce?

Spouses can try to handle everything themselves or use an online service that eases the process. Even though there's no court battle in an uncontested divorce, one or both spouses can hire attorneys to help them through the uncontested divorce.

All You Need To Know About NJ Uncontested Divorce

An uncontested divorce implies that you and your spouse agree on all important terms of your divorce, such as:

How Long Does It Take To Get a Divorce in NJ?

There are no strict rules or laws that can determine the length of divorces in NJ. The duration of your divorce will depend on the following:

How To Get a Quick Divorce in NJ

Before attending the final hearing where the judge will grant you a divorce, you and your spouse have to follow the steps below:

Creating a Divorce Settlement Agreement

If you wish to finalize your divorce quickly, you’ll need to create a divorce settlement agreement defining the terms of your divorce. If you and your partner can’t agree on these terms, you can attend a few mediation sessions to try and settle your differences.

What is the law in New Jersey?

According to New Jersey law, each spouse must fully disclose all assets and debts they have so that equitable distribution can be fairly applied. This includes marital and non-marital property which can lead to disputes that must be resolved before moving forward.

Why do we need financial disclosures in divorce?

Financial disclosures are also used to gauge the financial health of each spouse and will help to determine if spousal support is required and what amount of child support should be awarded. In some New Jersey divorces, a spouse may be reluctant to disclose assets or may purposely hide them.

What is equitable distribution in New Jersey?

Equitable distribution consists of the court deciding which assets are marital vs. separate property, placing a fair market value on each asset, and then actually dividing the assets equally. There are a number of factors that New Jersey courts will consider when making decisions about an equitable division of assets.

How long does alimony last?

Open Duration Alimony. When a marriage lasts more than 20 years, and a former spouse does not have equal present or future earning capacity, then alimony for an open ended amount of time may be paid. Alimony may be modified or end with one spouse or the other is remarried, becomes disabled or retires.

What are the factors that determine spousal support in New Jersey?

Those factors include: The actual need and ability of the parties to pay. The duration of the marriage or civil union. The age, physical and emotional health of the parties.

How long does a divorce last in New Jersey?

One of the grounds for divorce in New Jersey that can be cited is “voluntary induced addiction or habituation to any narcotic drug” or sustained drinking problems that last for a minimum of 12 months.

What to know before ending a marriage in New Jersey?

If you are thinking about ending your marriage in New Jersey, there are several laws and processes you should know about before moving forward. Understanding the legal requirements involved in a divorce will help minimize time, costs and stress that you will go through. You should familiarize yourself with the following information ...

How long does it take to get an uncontested divorce in New Jersey?

However, in an uncontested divorce in New Jersey, it is likely that your trial date will be within a year of filing the Complaint for divorce. If you want to resolve your case and proceed with a simple uncontested divorce, you would have to fully resolve all of your issues prior to that date. The uncontested divorce cost is also largely dependent ...

What is DeTorres and DeGeorge?

DeTorres and DeGeorge Family Law is a New Jersey based family law firm that has been helping New Jersey residents achieve the best possible results in their divorce for nearly 30 years. The DeTorres and DeGeorge Family Law team is always ready to fight for their clients’ rights – determined to help New Jersey families overcome legal challenges from start to finish. Our legal team, with over 65 years of combined experience, provides expert guidance on all family law and divorce-related matters, including custody and parenting time, alimony and child support, equitable distribution of assets, premarital agreements, post-divorce issues, executive compensation distribution, divorces for business owners, and divorce mediation. The firm has been recognized for its dedication and expertise in the industry by multiple local and national organizations, including Super Lawyers, Law Firm 500, and the American Institute of Family Law Attorneys. Rosanne DeTorres, Managing Partner, is one of 150 lawyers certified as a matrimonial law attorney.

What is a simple uncontested divorce?

A simple uncontested divorce means that the divorce and terms of settlement have been fully resolved without the need for a trial. In some instances, the resolution of the matter may be reached well in advance, even before a Complaint for divorce is filed. In others, you may engage in litigation ...

What happens if you are unable to resolve all of your issues?

If you and your spouse are unable to resolve all of the issues in your case, it is considered a contested divorce and will proceed to trial. You have much less control over the outcome of your matter if you proceed with a contested divorce, as the judge is limited to what he or she can decide based on the factors that apply to your contested issues.

What happens if you settle a divorce before the trial date?

In others, you may engage in litigation for a period of time prior to resolving your matter. Ultimately, though, if you have reached a resolution prior to your assigned trial date, you will be assigned an uncontested date, which is when your divorce will be made final and signed by the judge.

Can you get divorced on your own?

If you want to handle your simple uncontested divorce on your own rather than hiring an attorney, the court will allow you to do so. Be aware, though, that the Court cannot give you legal advice. It will be up to you alone to navigate the legal intricacies of a divorce and may result in your agreement not addressing some important details ...

What happens when you sit down with your spouse to go over divorce?

But when the two of you sit down at the table to go over the divorce proceedings, your emotions start flaring and nothing gets decided.

What are the two types of divorce?

There are two types of divorce: fault and no-fault. A no-fault divorce is the faster and cheaper way to get divorced. In most cases, at-fault divorces do nothing more than cause emotional hardship and lead to increased legal fees.

How to avoid divorce?

If two spouses can agree on the division of assets in an amicable manner, you can avoid traditional divorce through mediation or binding arbitration. This is ideal for couples that have agreed on the division of assets already and want to proceed through the divorce quickly.

Can I get divorced in New Jersey without a lawyer?

You can file for a divorce in New Jersey without legal representation. As a New Jersey divorce lawyer, I may be a bit biased, but no one recommends getting a divorce without first getting legal representation.