how do i file for divorce in nj without a lawyer will the judge award alimony

by Abdiel Nitzsche 9 min read

The spouse who is filing the divorce brings the divorce papers to court and files them with the court clerk and pays the court's filing fee. Also, the New Jersey Court system provides online Electronic-Filing (E-File) for people who do not have an attorney and want to file their divorce papers online. OUR PRICE IS LOW OUR SERVICE IS HUGE!!

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

 · When filing a divorce in New Jersey you have two options: Uncontested Divorce (Lower Cost) To qualify for an uncontested divorce you must meet these criteria: Have an agreement regarding child custody and support, tax deductions and exemptions, property division, alimony; Been married for less than five years

Can a husband get alimony in New Jersey?

Print out the completed divorce papers from your online account and the step by step filing instructions. 2. Each spouse needs to sign their divorce papers. 3. The spouse who is filing the divorce brings the divorce papers to court and files them with …

What do you need to know about divorce in NJ?

 · 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. Can I file for divorce in New Jersey without using a lawyer? You can file for divorce in New Jersey without using a lawyer as long as you meet certain requirements, including an agreement to file an uncontested divorce.

What happens at an uncontested divorce hearing in New Jersey?

LSNJ has a free divorce guide that explains how to file for divorce or dissolve a civil union based on irreconcilable differences, separation, desertion, or extreme cruelty. LSNJ also sells a complete divorce kit, with instructions plus all of the required forms, for $25. Superior Court Ombudsmen.

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 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 ...

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.

Where do you file for divorce in New Jersey?

New Jersey law requires that you file your paperwork in the county where you gave the reason for the divorce.

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 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 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 ...

What is the most common type of divorce?

You have several options, driven in part by your relationship with your spouse and how well you can work together to reach a resolution. Here are the most common types of divorce: Litigation.

Where to file divorce papers in New Jersey?

You should file your divorce forms in the New Jersey county where you lived when you separated. If you do not live in New Jersey, you should file your forms in the New Jersey county where your spouse lives. See Court Rule R. 5:7-1 for more information.

What is divorce in New Jersey?

Divorce. Divorce is called “ Dissolution ” in New Jersey. The process for getting a divorce is the same as dissolving a civil union or a domestic partnership.

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

You or your spouse must have lived in New Jersey for 12 consecutive months before filing for divorce; You or your spouse must have experienced irreconcilable differences for 6 months, and; The irreconcilable differences are a reason that the marriage, civil union or domestic partnership should be dissolved; and.

How much does LSNJ divorce kit cost?

LSNJ also sells a complete divorce kit, with instructions plus all of the required forms, for $25.

How long do you have to serve a summons?

You must include the Complaint, the Summons, and a listing of attorney referral and legal services offices. You must serve the papers within 30 days of the date of filing, and provide proof of service to the court, in writing. See Court Rule 4:4 for more information.

What is mediation in divorce?

Mediation. During mediation, a neutral person meets with both parties and helps them reach an agreement. The court has a list of approved mediators to help you settle your issues. You also can choose a private mediator. Both parties can hire a lawyer to advise them of their rights during mediation. The settlement is reported to the judge. The judge then makes a final decision about whether to grant the divorce or dissolution.

How long do you have to be apart to file for divorce?

Separation: To file for divorce based on separation, the couple must have been living apart for at least 18 months.

How to file for divorce in New Jersey?

New Jersey divorce law doesn’t need to be a mystery. Discover residency requirements, grounds for dissolution, and what to expect regarding property division, alimony, child support and custody. For any married couple, a divorce will accomplish two things: (1) severing the marital relationship, ...

What are the grounds for divorce in New Jersey?

Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. New Jersey, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds.

What happens if you divorce a married couple?

For any married couple, a divorce will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If one of them will be unable to be self-supporting after the divorce, the issue of alimony may arise. If there are minor children, they will also need to resolve issues of child custody, visitation, and support.

What are the fault based grounds for divorce?

The fault-based grounds for divorce are: adultery, wilful desertion for 12 months, extreme cruelty (must file within 3 months after the last act alleged), alcoholism or drug addiction, institutionalism for mental illness for 24 months after the marriage and before filing, imprisonment for 18 months (provided there is no cohabitation after release), and deviant sexual conduct voluntarily performed without consent of the other party. However, in most cases, there is no reason to use any of these, since they add complexity to the process by requiring proof.

How to get divorce if you have children?

You begin by preparing a Complaint for Divorce, along with various other supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Judgment of Divorce.

What is the need of a parent who has physical custody of a child?

the need of a parent who has physical custody of a child to own or occupy the marital residence or civil union shared residence, and to use or own the household effects, the debts and liabilities of the parties, the need for a trust fund for medical or educational costs for a party or child, the extent to which a party deferred achieving their ...

How long do you have to be a resident to file for divorce in New Jersey?

In order to file for divorce in New Jersey, one of the following requirements must be met: (1) one party has been a resident of New Jersey for at least 1 year, or (2) if the cause of the divorce is adultery that occurred in New Jersey, one party must be a resident (without any time limitation). You may file in the Chancery Division ...

What Paperwork Do I Need to File for Divorce?

To get a divorce in New Jersey, you have to choose to either go through the court with a formal lawsuit or engage in a collaborative law process.

Community Property vs. Separate Property

New Jersey is an equitable property state, so the court is not required to divide all of the property owned by either spouse equally between the two spouses.

What Should I Do If There Are Children Involved?

One of the most difficult areas in a divorce involving children is establishing custody and financial support for the child, which is known as child support. Prior to doing either of those things, New Jersey requires both parents to attend a Parents’ Education Program that is provided by the court.

Do I Need to Pay Alimony?

Either spouse may collect alimony, and allocation of alimony is entirely dependent on the circumstances. New Jersey courts recognize four types of alimony: open durational, limited duration, rehabilitative, and reimbursement.

Where Can I Find the Right Divorce Lawyer?

The decision to get divorced is never an easy decision to make. However, once you have decided to get divorced, then it is your best interest to talk to a New Jersey divorce lawyer to help you with the process. They can represent you in court and make sure that you receive what you deserve through the divorce.

Learn about the uncontested divorce process in New Jersey and if it is an option for you

In New Jersey, a divorce can be either "uncontested" or "contested." An uncontested divorce is one where both spouses agree on all the key terms of the divorce, including:

Divorce Requirements in New Jersey

There are a couple of preliminary hurdles you'll have to clear before you can get divorced in New Jersey. Keep these in mind before you get started.

The Uncontested Divorce Process in New Jersey

Successfully navigating the road to an uncontested divorce requires careful attention to detail and an awareness of the pertinent New Jersey laws and court rules. However, you don't need to hire a lawyer to get an uncontested divorce in New Jersey and you can represent yourself during the process.

What Happens in an Uncontested Divorce Court Hearing in New Jersey?

Although an uncontested divorce hearing in New Jersey is often seen as a formality, you must be prepared. At the hearing, the judge will look at your paperwork to make sure everything is in order.

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 many types of alimony are there in New Jersey?

There are four kinds of alimony that can be paid in New Jersey. They include:

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.

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.

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.

What is the law in New Jersey that governs child custody?

New Jersey has adopted the Uniform Child Custody Jurisdiction and Enforcement Act to govern child custody issues in the state. The state recognizes two types of child custody: Legal custody. This is when a parent is allowed to make important decisions that affect a child’s life.

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.

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.

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.

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.

Can a lawyer see divorce issues?

Lawyers can see issues from a completely different viewpoint, as they’re not emotionally tied to the divorce.

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.