How Long Does A Divorce Take In Nj
How Long Does A Divorce Take In Nj The decision to end a marriage can be a lengthy and complex process, but many individuals wish to expedite it. The timeline for obtaining a divorce in Monmouth County, New Jersey, depends on various factors, including your specific circumstances and the state’s divorce laws.
What’s the Timeline for a Quick Divorce in Monmouth County, NJ?
To initiate a divorce in New Jersey, one of the spouses must meet the residency requirement, which mandates at least one year of New Jersey residency before filing for divorce. If you’ve recently moved to New Jersey, this requirement may extend the divorce process. In such cases, consulting with a Monmouth County divorce attorney can help you explore legal options to safeguard your interests.
No-Fault Divorce Grounds in New Jersey Require a Minimum of Six Months Opting for a no-fault divorce is usually the swiftest path to obtaining a divorce decree. New Jersey, like many other states, offers a no-fault divorce option based on “irreconcilable differences.” For this, it’s sufficient to demonstrate that the marital relationship has been “broken” for a minimum of six months. Only one spouse needs to assert that the relationship is irreparable to obtain a divorce.
Exceptions to the six-month requirement include marriages lasting less than six months or separations occurring at least 18 months before filing for divorce.
Divorcing on Fault Grounds May Take Longer Unlike certain states, New Jersey doesn’t mandate a waiting period for couples filing for divorce on “fault” grounds. However, some fault-based divorce grounds come with specific mandatory timeframes that must be met. Additionally, you must provide evidence of your spouse’s fault for the claimed grounds, making fault-based divorces potentially more complex and time-consuming than no-fault divorces.
Some fault grounds for divorce in New Jersey include:
- Adultery
- Desertion for at least 12 months
- Extreme cruelty
- Voluntary addiction or habitual drunkenness for 12 or more months
- Institutionalization for mental illness for 24 or more months
- 18 or more months of imprisonment
- Deviant sexual conduct by one spouse without the other spouse’s consent
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What Determines the Duration of a Divorce in Monmouth County, NJ?
The courts aim to process divorces within 12 months of the filing date. Typically, uncontested no-fault divorces can be finalized within a few months, depending on the court’s schedule. Conversely, contested divorces, where parties disagree on divorce terms, may take a year or more to conclude.
Factors that can extend the divorce timeline include disputes over:
- Child custody and visitation
- Property division and equitable distribution, particularly in high-net-worth divorce cases
- Allegations of child abuse or neglect
- Pre-nuptial or marital agreements
- Alimony or spousal support
- Proving fault grounds for divorce
The more contentious the divorce, the longer it tends to take to reach a resolution. Courts usually require couples to undergo divorce mediation before proceeding to court hearings. Mediation can expedite the resolution of disputes but may add extra time to the overall divorce timeline.
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How to Expedite the Divorce Process in Monmouth County, NJ
While you can’t control filing deadlines, mandatory waiting periods, or court schedules, you can minimize unnecessary delays by enlisting the services of an experienced Monmouth County divorce attorney. A divorce lawyer is well-versed in divorce laws, court procedures, and mediation requirements.
Having an attorney handle the preparation and filing of your divorce papers can prevent errors that may cause delays. Additionally, they can work to advance your case through the court system as efficiently as possible. Furthermore, an attorney can assist you in negotiating a divorce settlement that aligns with your best interests, potentially avoiding a protracted and costly courtroom battle.
