how to divorce in nj without a lawyer

You can file for divorce in New Jersey without hiring a lawyer as long as you meet certain requirements, including an agreement to file an uncontested divorce petition. In this case, the process of filing an undisputed and innocent divorce is quite simple.

Full Answer

How to do your own divorce without a lawyer?

Draft your divorce petition.

• A declaration that you meet the residency requirements;
• The dates of your marriage;
• Your grounds for divorce;
• Children of the marriage;
• Declarations about property and debts; and
• A request for a divorce.

Can I go through a divorce without an attorney?

If your divorce is expected to be mutually agreeable, civil, and uncontested, it might be advantageous to go through the divorce process without an attorney (pro se). Doing so can save you money and make the process less adversarial. Follow these guidelines if you decide getting a divorce without a lawyer is right for you.

How do you file for divorce without an attorney?

The Divorce Filing Process

• Fill out the necessary form. ...
• Make sure to file the petition with the court clerk of your specific county. ...
• After waiting for about 60 to 90 days, you can go and pick from the county clerk the signed judgment on your divorce. ...
• When you complete the above steps, you are almost through with filing for your divorce. ...

Should you get a divorce without a lawyer?

You'll need to decide whether:

• you can handle your own divorce case through a do-it-yourself (DIY) method
• you want to try mediation (with or without an attorney) to resolve disputed issues, or
• you need to hire an attorney to represent you through settlement and/or in court.

Can you divorce in NJ without a lawyer?

Can I File for Divorce in New Jersey Without an Attorney? Yes. It is legal in New Jersey for people to file their own divorce in court without using an Attorney.

How long do you have to be separated in NJ to get a divorce?

18 monthsA no-fault divorce in New Jersey requires parties to have been separated for 18 months prior to filing. If the divorce is fault-based, there is no separation requirement in order to file.

Can I do my own divorce in NJ?

Only a judge can grant a divorce or a dissolution of a relationship. You might want to decide for yourselves how to divide your property and your debt. You also might have to figure out child support, custody and parenting time.

How much does an uncontested divorce cost in NJ?

The court clerk generally charges a fee to file the divorce papers. As of 2022, New Jersey's filing fee for the divorce complaint was $300, plus a $25 fee for a parenting workshop if you have minor children.

How much is a wife entitled to in a divorce NJ?

New Jersey is an "equitable distribution" state when it comes to dividing marital property. This means that, in a divorce, assets will be split in a manner that is fair. This doesn't necessarily mean it will be divided exactly 50/50. Worried about losing everything in a divorce?

What is considered abandonment in a marriage in NJ?

Abandonment is one of the fault-based grounds available in New Jersey, but it requires that the spouse alleging abandonment prove the following: 1) you have been living apart from your spouse for at least a year; 2) your spouse did not agree to the separation; 3) your spouse did not cause the separation; and 4) you did ...

What documents are needed for divorce in NJ?

New Jersey Divorce Documents ChecklistBasic Personal Documents. • Driver's license or ID. ... Employment Documents. ... Insurance Related Documents. ... Marital Home and Personal Property. ... Child Related Expenses. ... Financial and Tax Documents. ... Short and Longterm Debts. ... Retirement Account Information for Both Parties.More items...

How much does it cost to file divorce papers in NJ?

In New Jersey, it costs $325 to file your official Complaint for Divorce with the court (if you have children) and $300 (if you do not). You should expect additional charges if you need to have a Process Server serve your spouse. Your attorney may also charge for copy costs and postage.

How do you get legally separated in NJ?

Because New Jersey does not have a specific legal process for “legal separation,” the only way to end a marriage (aside from death) is a divorce. A written separation agreement if done correctly, can a binding contract that does not end your marriage and is not an alternative divorce.

Is online divorce legal in NJ?

While you can file for divorce online, completing your divorce hearing and the required workshops will require at least one spouse, the plaintiff, to appear in person before a judge in the state of New Jersey. Complete online divorce is not yet available in New Jersey.

Can you get a quick divorce?

It Is Possible to Get a Quick Divorce The divorce process does not have to take years or even months. If you're able to come to an agreement with your spouse about custody, visitation, spousal support, and division of property, your divorce can proceed through divorce court rather quickly.

Does divorce require both parties to agree?

One can even seek Divorce when the other party is not willing to give divorce. This is Contested Divorce and a petition for the same can be filed in the Court having appropriate jurisdiction. Thus, you do not need the consent of your spouse to file a Divorce Petition in the appropriate Court.

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 ...

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 ...

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.

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 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 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 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 ...

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.

How to get divorced 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 are the grounds for divorce in New Jersey?

New Jersey law also permits fault divorces based on the following grounds: Adultery. Willful desertion for at least 12 months. Extreme mental or physical cruelty. Chemical dependency. Institutionalization for mental illness. Imprisonment.

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 ...

How to get divorce without a lawyer?

Make sure you and your spouse have a discussion about how both of you see the divorce going. If you and your spouse both think the divorce can be completed amicably, consider getting a divorce without a lawyer. However, if you and your spouse are having trouble agreeing on the terms of your divorce, you will need the assistance of an attorney in order to protect your best interests. Have this discussion at the beginning of the divorce process so that you can make the best decision possible.

What to do if you have trouble agreeing to divorce?

However, if you and your spouse are having trouble agreeing on the terms of your divorce, you will need the assistance of an attorney in order to protect your best interests. Have this discussion at the beginning of the divorce process so that you can make the best decision possible. ...

How long do you have to be a resident to file for divorce in South Dakota?

Decide where you need to file for divorce. You will need to file for divorce in the state and county where you meet certain residency requirements. Often, in order to file for divorce, you will need to have been a resident of the state and county where you plan on filing for between six months to one year. Only Alaska, South Dakota, and Washington have no extended residency requirements, which means you can file for a divorce there so long as you are a resident at the time of filing.

What happens if you divorce your spouse?

If you have chosen to file for a divorce on your own, you and your spouse are going to have to agree on how your marital assets are going to be distributed. Depending on what state you live in, there are going to be different rules on how the property will be split.

What do you need to fill out a divorce petition?

A divorce petition. You need to fill out a divorce petition, which is a document that tells the court and your spouse what you want. You can ask for things such as an end to your marriage, alimony, child custody, child support, and a division of property.

What happens if you are not happy with the divorce decree?

After the court hearing and final decision, if you are not happy with how the divorce decree came out you may be able to appeal the decision. The purpose of an appeal is to give another court the opportunity to look at the trial court's decision in order to determine if there was any legal error.

What is a divorce decree?

A divorce decree, which will be the final document the judge will sign in order to finalize your divorce. This document will include all of the requirements of your divorce, including how property will be distributed and how children will be cared for. Draft your divorce petition.

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.)

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.

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.

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 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.

Is a divorce uncontested in New Jersey?

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: any other dispute involving your marriage.