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New Jersey Divorce FAQ |
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Page 1 of 11 Who can file for divorce in New Jersey?
Generally, a party filing a Complaint for Divorce must have lived in the state for at least one year prior to the filing.
What are the grounds for divorce in New Jersey?
In New Jersey, there are several "fault" grounds and two "no fault" grounds. With regard to the fault grounds, they are adultery, desertion, extreme cruelty, separation, drug addiction, habitual drunkenness, institutionalization, imprisonment and deviant sexual conduct. The original "no fault ground" was living separate and apart for eighteen months. As of January, 2007, an additional "no fault ground" was added - "irreconcilable differences.” The only requirement is that you need to state that there has been a breakdown of the marriage for a period of six month and there is no prospect of reconciliation.
Separation for 18 consecutive months (called a No-fault divorce), adultery, sexual desertion for a period of at least 12 months, habitual drunkenness or voluntary addiction, imprisonment, institutionalization or extreme mental cruelty.
Although there are 8 different grounds for divorce in New Jersey, the most frequently cited grounds for divorce include (1) extreme cruelty; (2) separation for 18 months in different habitations with no reasonable prospect for reconciliation, and (3) adultery.
Will marital fault affect my rights to a property settlement?
The Court does not take into consideration the fault of one party or the other when determining economic issues. There are exceptions in some cases, and that is that while adultery is no factor with regard to equitable distribution or child related issues, it may be a factor, in some cases, in determining alimony. Again, this is the exception as opposed to the rule.
How quickly can I be divorced?
It may be said, in general, that the more cooperative the spouses are, the faster the divorce can be accomplished. However, even if the spouses are cooperative, if they have a very complicated financial situation with substantial assets, a longer time frame may be necessary in order to appraise assets and to make other determinations. Of course, if issues are contested, and if there are substantial issues at stake, the case could go on for a number of years. The converse is that if the parties are cooperative and if there are no substantial issues to be contested, it can be obtained relatively quickly.
Although this is one of the most frequently asked questions by clients contemplating divorce, it is also one of the most difficult to answer. Once the divorcing parties reach an agreement as to all of the issues in their case, an uncontested divorce hearing can usually be scheduled within a matter of weeks. Of course, in some divorces the parties can reach a settlement in a very short period of time; in other cases, the process can last for months to over a year.
How much will a divorce cost?
The cost of a divorce will ultimately depend upon the number of hours the attorney must spend representing his client. Representation may take the form of attending Court appearances, drafting legal pleadings, required financial disclosure documents, motions, letters, and telephone calls with both the client and the opposing attorney. It is therefore usually impossible for an attorney to inform the client at the start of the case how much his or her legal fees will ultimately amount to.
Can my spouse and I retain the same attorney?
No. Even when uncontested, it would be unethical and improper for one attorney to represent the interests of both husband and wife.
What if my spouse does not consent to the divorce?
Ultimately, the spouse does not need to consent to the divorce. Although, with regard to the fault grounds, you would need to prove the cause of action for divorce in order to obtain the divorce, (that is, for example, if your spouse committed adultery, you would need to prove this to the Court if you are claiming divorce on the grounds of adultery), once eighteen months passes, either party would be entitled to have a divorce without the consent of the other. Accordingly, the issue of consent is never an issue, unless someone wants to have the divorce in a faster period of time than eighteen months.
If both parties agree on everything, do they need an attorney?
If the parties agree on all aspects of the divorce, it is still recommended that you seek the assistance of an attorney to review all documents and make sure the agreement is fair. Unfortunately, many people sign an agreement only to later realize that it does not truly reflect their understanding of the resolution of all issues.
Is there always a trial?
No. In fact, most cases are not determined by trial and are settled sometime along the way, either by the lawyers themselves or with the assistance of a mediator, or through the use of a Matrimonial Early Settlement Panel.
What is the Matrimonial Early Settlement Panel?
This is a program run through the Court system that attempts to settle all issues involved in the dissolution of a marriage prior to a trial. Family Law Attorneys take turns as panelists to hear contested cases that are brought in on a designated day. The attorneys for each of the spouses will appear before the Matrimonial Early Settlement Panelists and present all issues. In most cases, the panelists will have reviewed an MESP Memo and therefore will have some familiarity with the issues. The Panelists will make their recommendations as to how they believe the issues should be resolved. This is then presented by the attorneys to their clients and assuming the recommendations (or modified recommendations) are accepted, in most cases the parties would immediately proceed to a Judge and the divorce can then be obtained on that day. If the matter does not settle at the MESP, in most cases, a trial date would be set on that day.
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