Divorce Guide

Divorce Guide

Getting divorce in New Jersey

Each state has its own laws and necessities about divorce. For getting divorce in New Jersey, the person submitting the complaint for divorce must have reside in the state for at least one year. Normally, there is no need to appoint a lawyer to get a divorce. You have full rights to represent yourself in divorce court. However, a lawyer can help you in case of complex issues in your divorce case.

Following are some important steps to keep in mind while getting a divorce in New Jersey.

Go to your local New Jersey court clerk's office to file the complaint for divorce. To start the divorce process you will need to state the grounds for divorce. These grounds are as follow:

  • For no-fault ground of divorce, separation for 18 months is must.
  • In case of mental illness of the spouse you need to stay at least 2 years separately.
  • Abnormal sexual behavior.
  • Imprisonment for more that 18 months.
  • adultery
  • Willful and continued neglect of each other for at least one year.
  • Habit of drinking and drugs addict.
  • Extreme cruelty.
  • Pay the filing fee of the complaint. When the complaint is filed, you must pay a filing fee 160 US dollars in the clerk’s office as of 2010.
  • If you have children, you will need to pay an extra fee for the parenting education course.
  • Fee for additional motions for example custody and child support is extra 15 US dollars.
  • Your spouse has 35 days to file a written response to disagree your complaint for divorce. If the spouse agrees to the divorce complaint, he/she will need to file a form governed by Rule 5:4-3(a) with the clerk of court.
  • There are two types of divorce for New Jersey ‘Agreed Divorce’, where the spouses agree on the terms of the divorce such as property distribution, New Jersey child custody, New Jersey child support. ‘Default Divorce’, where the other spouse doesn’t sign the New Jersey divorce papers.
  • Complete all your Case information statements (CIS). These statements are used to make out all income, liabilities and assets. You may need to present bank statements, tax returns to the court during the procedure.
  • For getting divorce with child, the state of New Jersey requires to complete the parenting education course by parents before a divorce can be granted. Some counties allow the course to be followed using online courses. This course is of 4 hours. After completion of this course court will update your file.
  • You can contact the county clerk to obtain the next information about the proceedings. Request the clerk to schedule final divorce hearing date as soon as possible.
  • In case of uncontested divorce, the responding party does not need to appear in court. After the divorce is approved, you will receive the signed divorce decree.

Getting a divorce in New Jersey is always become a stressful event if you don’t have knowledge about the rules and regulation of divorce court. So always keep in mind these guidelines.

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