Divorce Guide

Divorce Guide

Getting a divorce in NJ

Each state in United States has its own laws and requirements regarding divorce. For getting a divorce in New Jersey, there are certain residency requirements that are the person has to fulfill before submitting the complaint for divorce.

Residency Requirements for New Jersey Divorce

The following are the residency requirements for NJ divorce:

  • One of the spouses must be a resident of New Jersey for a year before filing for divorce.
  • One of the spouses should be a resident of New Jersey, if adultery is the cause for divorce and it happened in NJ.

Grounds for Divorce in New Jersey

The only no-fault ground for divorce in New Jersey is

  • Both the spouses are living separate for 18 months and there are no signs of reconciliation.

Other Grounds for New Jersey Divorce

  • Adultery
  • Alcoholism or drug addiction
  • Unnatural sexual behavior before or after marriage
  • Cruel and inhuman treatment
  • Separation for two years because of mental illness
  • Imprisonment for 18 months

Procedure for Getting a Divorce in NJ

The first step in getting a divorce is visiting your local New Jersey court clerk's office to obtain the complaint for divorce. In New Jersey, the document that starts the divorce process is called "complaint." You will need to state the grounds for divorce.

  • Pay the filing fee for the complaint. A filing fee of 165USD is the fee you would have to pay while filing the complaint. If minor children are involved, you will have to pay an extra fee for the necessary parenting education course. Additional motions such as child custody and child support are charged an extra 15USD per motion.
  • After paying the fee, wait for your spouse to answer the complaint. The opposite responding spouse has minimum 35 days to file a written response to answer your complaint for divorce. If your spouse agrees to the divorce complaint given by you, he/she will have to file an appearance. This appearance is governed by Rule 5:4-3(a).
  • The next step is to complete your Divorce Case Statements. Then, both parties will have to file a CIS. The CIS statement is used to identify all assets, income, and liabilities. Apart from this, you will also have to submit pay stubs, bank statements, and tax returns. Once you have completed them, file these documents with the court for the further divorce process.
  • If children are involved, take the parent education course. The law in the state of New Jersey requires the course to be completed by parents before a divorce can be granted. There are some counties that allow the course to be taken online. The course runs for minimum 4hrs and can exceed for more than 4hrs. After completion of the course, your case file will be updated.
  • Contact the judge who is assigned to your case. If you cannot find him/her, you can obtain the contact information of the judge by calling the county clerk. Request the judge for the final divorce hearing date.
  • Attend the hearing. If the divorce turns to be uncontested, the responding party does not need to appear in court. You will receive the signed divorce decree after the divorce is granted.

Thus, for getting a divorce in NJ, there are certain grounds and residential requirements to be fulfilled by the spouses.

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