how to get divorce in nj without 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. In this case, the process of filing an uncontested, no-fault divorce is fairly simple. An uncontested divorce in New Jersey is also sometimes referred to as a Simple Agreed Divorce or an Amicable Divorce.

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 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.

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.

What is the cheapest way to get a divorce in NJ?

One way to get a cheap divorce in New Jersey is to choose mediation. Mediation is an “alternative dispute resolution.” This means that it is an alternative to going through litigation. Generally, divorce mediation will be a lot less expensive than divorce litigation.

Do you have to be separated before divorce in NJ?

How long do you have to be separated in New Jersey before you can file for divorce? A 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 you get divorced online in NJ?

As of June 2020, the only way to file for divorce in New Jersey is electronically through the court filing system known as JEDS. While you may wish to pursue an online divorce in New Jersey, divorce laws are complicated, and the process can cause tremendous stress for everyone involved.

How long does a NJ divorce take?

If you have no issues at all (i.e. no children, no property, no debts) then the process can be completed in as little as 3-6 months. If you have complex issues and cannot work out an agreement with your spouse, your divorce may take up to 14 months and beyond to be completed.

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 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.

How can I get a quick divorce?

Step by step procedure in case of Mutual DivorceStep 1: Divorce Petition to file. ... Step 2: Court appearance and petition inspection. ... Step 4: Between the passing of the first and the second motion a period of six months elapses. ... Step 5: Second Motion and the Final petition hearing. ... Step 6: Divorce Decree.

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.

Is NJ A 50/50 divorce state?

New Jersey is an equitable distribution state which means that, in the event of a divorce, the marital property is not automatically split 50-50. Rather, equitable distribution is defined as the division of marital assets in a manner that is fair but not necessarily equal.

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 it cost to file for an uncontested divorce?

To file for an uncontested divorce: Plaintiff should notify the court when filing that the divorce is uncontested. All forms and the $300 filing fee are still required.

How long do you have to serve divorce papers?

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.

What happens after a divorce is filed?

Once a case is filed, the parties must find new lawyers and law firms to represent them in court. After a case is filed. Mediation. During mediation, a neutral person meets with both parties and helps them reach an agreement.

How long do you have to respond to a summons and divorce?

If you have been served with a Summons and Divorce Complaint, you are the defendant. The person who filed the divorce is the plaintiff. You have 35 days to respond to the Summons and Divorce Complaint. If you do not respond to the court at all, the court may grant the divorce and order in favor of the Plaintiff.

What is the term for the legal ending of a marriage, civil union, or domestic partnership?

This is called discovery. Dissolution: Dissolution refers to the legal ending of a marriage, civil union or domestic partnership.

How long does it take to get divorced in New Jersey?

Courts have mandated in New Jersey that no divorce should take longer than 12 months from the date the Complaint for Divorce is first filed at a clerk’s office. There are some exceptions if a divorce is complex but this is usually not the case.

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 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 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.

How to get divorce papers?

Gather all the required court forms. To start the divorce process, you will first have to obtain all of the required divorce forms. Check with your state's website, or go to your court's office of the clerk, and download or ask for all the documents you will need to complete a divorce.

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.

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.

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 is the property division in New Jersey?

Property Division. New Jersey divorce law provides that all property is marital property, regardless of how or when it was acquired. In dividing property the judge must consider the following factors: the duration of the marriage or civil union, each party’s age, and physical and emotional health,