When couples get divorced, they often want it to go by as fast as possible. However, this isn’t always the case. Numerous factors including New Jersey’s residency requirement, separation periods, and different grounds for divorce can have an impact on how long this process will take to complete. Below, our Chester divorce attorneys examine the effects these guidelines have on the New Jersey divorce timeline.
What is New Jersey’s Residency Requirement?
One crucial aspect of getting a divorce in NJ is meeting the state’s residency requirement. It states that at least one spouse must be a New Jersey resident for a minimum of one year before filing for divorce, except in cases of adultery. If neither you nor your spouse has lived in NJ for at least one year, you’ll have to wait until one of you meets this requirement before you can proceed with the divorce process.
Are Married Couples Required to be Separated Before Divorce?
While some states enforce a mandatory separation period before a divorce can be granted, New Jersey does not. However, there is one caveat — couples filing for divorce on the grounds of separation will have to wait 18 months before filing for divorce. This separation must be voluntary and last without interruption for 3 months. Typically, couples opt to file under the grounds of “irreconcilable differences” instead of separation.
Is There a Waiting Period for NJ Divorce?
There is no specific waiting period for divorce in New Jersey, except in cases where certain grounds are stated in the divorce. For divorce on the grounds of “irreconcilable differences,” the couple must demonstrate that the marriage has been broken for a period of at least six months.
If a spouse wants to file for divorce on the grounds of “desertion.” they must prove that their spouse has not lived with them or contacted them for at least one year.
Other Grounds That Can Affect the Divorce Timeline
Other than the previously mentioned grounds, there are several others that can have an effect on the time it takes to complete your New Jersey divorce. First, if you want to divorce your spouse on grounds of “incarceration,” your spouse will have to have been convicted of a crime that requires serving 18 months in jail or prison.
Secondly, if you want to get a divorce on the grounds of “insanity,” you will have to prove, without a doubt, that your spouse is permanently insane and has been hospitalized or living in an institution for at least two years. This requires extensive proof and testimony from licensed professionals.
Divorce is never easy. If you are in need of legal guidance during this difficult time, contact Edens Law Group, LLC today at (908) 259-6565.