How to Obtain an Uncontested Divorce New Jersey
Only some married couples are able to get a New Jersey divorce. At least one party must have been a resident of the state for at least one year. Alternatively, if adultery was committed in the state leading to the divorce, then the time minimum is waived so long as one spouse is a New Jersey resident.
The majority of persons filing for divorce in New Jersey are not, at least at first, filing for an uncontested divorce New Jersey. That is because the uncontested criteria is so stringent; only those residents spouses who have agreed not just to divorce but on how to divorce are filing an uncontested divorce New Jersey. They agree on how their property will be divided, who gets child custody, and even who the family dog will live with. An uncontested divorce New Jersey is significantly easier than other types of divorce, but it can still be tricky enough to confuse a novice. Here are some guidelines for getting an uncontested divorce New Jersey.
Step 1: Initial Filing
You must file a Verified Complaint for Divorce at your district’s branch of the Superior Court of the state, in the Family division. This begins the process. You will also need to fill out a Civil Case Information Statement, which is a generic sheet used to describe the action being requested, a Certification of Insurance Coverage which makes sure benefits are continued, a Case Information Statement, in which you will need to describe your financial situation including your joint and individual assets and liabilities, and a cover letter for the court. THere will also be a filing fee of $160.
Step 2: Serving the Other Spouse
For an uncontested divorce New Jersey, serving the other spouse papers is likely a formality. After all, if it’s an uncontested divorce New Jersey, the other spouse agrees with you on all matters, so they already know that you are seeking a divorce. An Appearance may be filed in response to the complaint, but if not, then a default judgment will be issued some 35 days later in which all of the terms stipulated in the original complaint will be ordered by the court.
Step 3: Setting a Hearing
After either an Appearance is issued by the spouse or 35 days have passed, the uncontested divorce New Jersey will likely be placed on the “Expedited Track” since there are no more terms that need to be negotiated between the two spouses. A Priority Settlement Agreement should have been reached by this point, which puts into a contract all the terms of the divorce from, child custody to the division of the spouses’ estate.
The hearing can only occur after the couple has been living in separation for 18 months, since this is the bare minimum amount of time allowed to grant a divorce in the state. A judge at the hearing will look over the Priority Settlement Agreement along with other forms and, if they meet the court’s approval, a divorce will be finalized.