In New Jersey, an individual can have a contested or uncontested divorce. If your divorce is contested, it means that you and your spouse disagree about some or all of the issues to end your union and a trial is needed for a judge to resolve these issues. If your divorce is uncontested, it means you and your spouse have settled an agreement suitably amicably for both of you without the need for trial.
To stay out of divorce court and file for an uncontested divorce, you must have terms of agreement between you and your spouse on the following issues: the equitable division of martial property and debts, alimony (or spousal support), child custody and parenting time, child support, and expenses for the minor children.
To begin an uncontested divorce, you and your partner must have a legally accepted reason for divorce, and the most common reason agreed upon by spouses is irreconcilable differences causing the marriage to be broken for at least six months without a potential to rekindle the relationship.
Once determining the grounds for divorce, one spouse can file a Complaint for Divorce with the Superior Court in the county where either spouse resides, including the grounds and details of the marriage. The spouse who filed might serve the filed Complaint and a Summons to the other party. If the spouse agrees, they can sign an Acknowledgment of Service to waive formal service. Both spouses must then complete and file a Case Information Statement that details income, expenses, assets, and debts of the marriage. Once all financial information has been determined and submitted to the court, both spouses may draft and sign a Marital Settlement Agreement. A final hearing is scheduled for the judge to review the proposed agreement, and if approved, the judge signs the Final Judgment of Divorce.
The answer is yes, you must go to court to obtain a divorce, but if both parties are able to agree to terms outside of trial, the process is quicker and less expensive. The Court serves as an authorizer rather than an arbitrator. To discuss divorce options further, schedule a consultation today.
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