nj how to file for a non-contested divorce no lawyer

New Jersey allows fault and no-fault grounds for divorce. But the easiest (and most common) way to file for an uncontested divorce New Jersey is to agree with your spouse that your marriage has been broken for six months due to your "irreconcilable differences," with no reasonable prospect of getting back together. (N.J. Stat. § 2A:34-2 (2022).)

Full Answer

How to file an uncontested divorce in NJ 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...

Who can file for divorce in New Jersey?

Who can file? Either partner in a marriage, civil union or domestic partnership can file for divorce in New Jersey as long as at least one member of the couple lives in the state. If you formed a domestic partnership or a civil union in New Jersey but now live elsewhere, you might not be able to dissolve the relationship legally in your new state.

Who is the plaintiff in a divorce case in New Jersey?

If you are filing for divorce, you are the Plaintiff. Your spouse is the Defendant. Note: You must be 18 to file a court case. If you are under 18, your parent or guardian must file the case for you. You should file your divorce forms in the New Jersey county where you lived when you separated.

What is 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 of reconciliation.

Do I need a lawyer for uncontested divorce in NJ?

Do I Need a Lawyer for an Uncontested Divorce in New Jersey? 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.

How do I file for an uncontested divorce in NJ?

To file for an uncontested divorce: All forms and the $300 filing fee are still required. Defendant should file an Appearance forms stating that the defendant does not contest the divorce, but is prepared to appear before the court on whatever issues the two spouses will be resolving in the divorce.

Can you get divorced in NJ without going to court?

New Jersey allows fault and no-fault grounds for divorce. But the easiest (and most common) way to file for an uncontested divorce New Jersey is to agree with your spouse that your marriage has been broken for six months due to your "irreconcilable differences," with no reasonable prospect of getting back together.

How long does a no contest divorce take in NJ?

You might expect a fully uncontested divorce to wrap within six to eight weeks, though it can vary. Contested divorces will take a bit longer, but they're often settled faster than you might assume.

What is the cheapest way to get a divorce in New Jersey?

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.

How long does uncontested divorce take?

An uncontested divorce can be finalized in as little as 4 weeks. If a divorce is contested it may take between 2 - 3 years, but most contested divorces do settle long before they go on trial.

What is an uncontested divorce?

An uncontested divorce is a divorce proceeding where the court formally grants the requested divorce without the need to go through significant portions of the adversarial litigation process.

Can you get a quick divorce?

A quick divorce can be achieved when both parties agree the marriage has broken down irretrievably and want to get divorced. This is the simplest form of divorce. A quick divorce does always require the co-operation of both parties.

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.

What happens at an uncontested divorce hearing NJ?

At the hearing, the Plaintiff will appear before a Superior Court Judge and the parties will be divorced on an uncontested basis. The Judge will sign a Final Judgment of Divorce. This Judgment legally dissolves the marriage. The divorce is final and the post divorce relationship is now governed by the PSA.

Does divorce require both parties to agree?

Both spouses have to agree on the terms, submit it in family court, and wait out mandatory period of separation, and if both spouses still want divorce then court will grant it.

How fast can a divorce be finalized in NJ?

It generally takes 10 to 12 months (on average) to finalize a divorce from the date a spouse files the complaint. Divorce is an emotional process just as much as a legal process, and a case resolves when all parties are able to get their emotions in order so they can come to the table and be reasonable.

Overview of An Uncontested Divorce in New Jersey

An uncontested divorce simply means that both spouses agree on all the key terms of the divorce, including: 1. child custody and visitation, includ...

Divorce Requirements in New Jersey

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

The Uncontested Divorce Process

You’re responsible for knowing where to file your papers. If you file in the wrong place, your case could be tossed out or transferred and you migh...

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.

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.

Can you testify in a divorce hearing?

And, you can also testify as to the agreement, as the plaintiff did. When the hearing is finished, the judge will sign the Judgment of Divorce that you' ve prepared in advance.

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 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 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 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 ...

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 ...

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 does an uncontested divorce differ from a contested divorce?

In an uncontested divorce, the elements of an agreement on all issues and relative speed through the court system are its distinguishing factors. In a contested divorce, the ability to make decisions about your case is taken out of your hands because a judge decides it.

How long does it take to get an uncontested divorce?

Service of papers is what starts the uncontested divorce process. In some states, an uncontested divorce is granted in a matter of weeks or a few months. If you and your spouse agree on the major issues, an uncontested divorce may be right for you.

Why are contested divorces so expensive?

The problem with contested divorces is they can take a long time and can cost a lot of money. Contested divorces often mean increased stress and high legal costs because it requires going to court and possibly having a trial. Legal costs are high because of the amount of work involved. A contested divorce includes:

What are the issues in an uncontested divorce?

An uncontested divorce is a divorce where the couple has resolved all major issues, including: 1 Child custody 2 Visitation or parenting time 3 Child support 4 Spousal support 5 Division of property 6 How debt will be divided

How to protect yourself in an uncontested divorce?

You can protect yourself in your uncontested divorce by hiring an uncontested divorce lawyer. A divorce lawyer is familiar with divorce papers and can ensure that the papers are filed and served properly. Many states have uncontested divorce forms in county courthouses.

Why is a divorce contested?

Your contested divorce will be litigated in court because you and your spouse are unable to agree. Sometimes having a lot of property and major disagreements over children’s issues can make a divorce become contested. The problem with contested divorces is they can take a long time and can cost a lot of money.

Why is there no fault in divorce?

There is no advantage to using fault-based grounds for divorce—it drags out the divorce because there may be a trial on the grounds. The language of a no-fault divorce is often that the marriage is irretrievably broken or that there are irreconcilable differences between you and your spouse.

What is the difference between contested and uncontested divorce?

As discussed above, an uncontested divorce is one where the spouses agree on the terms or issues involved in their case, and present the terms to the court in a settlement agreement for its approval.

What can a court order if a spouse cannot agree to a divorce?

Specifically, if spouses cannot reach an agreement, the court can make orders on property division, child custody, spousal support, child support, and attorneys fees. To start a divorce case, the filing spouse will file a divorce petition or complaint with the court.

Why do divorce cases have more forms?

Contested cases usually have more forms because the spouses will most likely be going to court for hearings or a trial. The package of forms that a couple will need to file to get a divorce depends on many things, including: the state/county of residence; the type of service used for the court papers;

How old do you have to be to file for divorce?

Service rules vary, but service can usually be done by a process server or by someone who is not involved in the case, over the age of 21. Some states allow the spouses to file for divorce jointly as co-petitioners so that they can skip the "service of process" stage to get an uncontested divorce.

How does a divorce work?

In an uncontested divorce, the spouses can divide their property and assets at their own discretion by putting the agreed-upon terms into a settlement agreement. The judge will review the agreement and will typically approve the agreement, and the divorce, if it’s fair and does not violate case law.

What percentage of divorces are settled out of court?

What is an Uncontested Divorce. According to statistics, about 95 percent of all divorce cases in the US are now settled out-of-court. However, the definition of the term "uncontested divorce" is still not fully understood.

How long do you have to live in a state before filing for divorce?

Some states require that the filing spouse live in the state for 6 weeks before filing a divorce, and other states require that the spouse live there for at least 1 year. You should be able to find your state’s residency requirements on your local court’s website, or in your state’s Family Law Code.

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 ...

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.

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.