No one gets married with the intention of getting a divorce. A couple who is planning a wedding can spend months searching for the right venue, the right dress, the right color scheme, the right caterer and more. When someone decides they need a divorce it’s a very different situation – it’s not joyous and it’s not an endeavor most people want to take on. So here are some of the basic answers for people who need a divorce so they don’t have to start their research from scratch.
1. Where do I get my divorce? If you’ve lived in New Jersey for more than a year you can get divorced in New Jersey. New Jersey has jurisdiction over your case. The county where you and your spouse live will have venue. Venue is where your case will be heard.
2. Do I have a right to get divorced? New Jersey has irreconcilable differences as a cause of action. If you have had irreconcilable differences during your marriage for a period of at least 6 months and there is no reasonable likelihood of reconciliation you have a cause of action – or a right to apply to the court for a divorce. There are many other causes of action available to litigants as well including adultery and extreme cruelty.
3. What sort of information do I have to provide? At a minimum you need to provide the date of your marriage, the names and dates of birth for any children born during the marriage, whether any personal or real property was acquired during the marriage, whether or not there has been any other legal actions between your spouse and yourself and what relief you are seeking from the court (for example custody, alimony and child support). Parties also need to provide information regarding their identity and certify as to what insurances are in effect.
4. What does it cost to get divorced? This can vary greatly depending on whether or not you choose to hire an attorney. At a minimum there will be a filing fee of $300.00.
5. How long does it take to get divorced? This also varies greatly. Parties can get divorced in less than a month if, when they file the Complaint for Divorce, they already have a signed Marital Settlement Agreement. For parties who are not able to resolve their issues between themselves and are litigating in court divorces can last for several years.
We at the Edens Law Group are here to answer any additional questions you may have regarding how to get a divorce in New Jersey. Please contact us at (908) 259-6565 in order to schedule a free consult.