Frequently Asked Questions About Divorce in New Jersey
Divorce is a complicated and stressful process. From the emotional turmoil to potential court appearances to issues like child custody that don’t end with the divorce, it can be overwhelming. Himelman and Himelman Law Firm is here to help you through this trying time and answer some common queries about divorce.
- When can I file for divorce in New Jersey?
- How and where is a divorce filed?
- On what grounds can a person file for divorce?
- How long will the divorce process take?
- How much will the divorce cost?
- Do I need an attorney when going through divorce?
- Can my spouse and I retain the same attorney?
- How can my spouse and I limit attorney fees?
- What if my spouse does not want a divorce?
1. When can I file for divorce in New Jersey?
You or your spouse is required to have lived in New Jersey for one year prior to filing for divorce.
2. How and where is a divorce filed?
3. On what grounds can a person file for divorce?
There are 7 “fault” grounds and 2 “no fault” grounds for divorce in New Jersey.
- Addiction to drugs or alcohol
- Extreme cruelty
- Deviant non consensual sexual conduct
No Fault Grounds
- Separation, defined as living apart for 18 months
- Irreconcilable differences, if the marriage has had a breakdown for at least 6 months and there is no hope of reconciliation.
4. How long will the divorce process take?
There is no hard time frame for a divorce, but generally divorces between couples that are more willing to cooperate and mediate tend to take less time. However, the more complicated you and your spouse’s financial situation is, the longer the time frame will be as assets are appraised and other determinations are made. A contested divorce with many issues to resolve can sometimes take more than a year before the parties reach a settlement.
5. How much will the divorce cost?
This is similar to the time frame question. The cost will vary depending on how long and protracted the divorce is, if the trial goes to court, and how complex the issues that need to be sorted are. A cooperative, uncontested divorce will usually be a less expensive affair than a contested and hostile divorce.
6. Do I need an attorney when going through a divorce?
While you are not legally required to have an attorney during the divorce process, having someone by your side who is knowledgeable in all aspects of New Jersey divorce proceedings and family law is extremely beneficial. Divorces are complex, and the only way you can be informed of every protection that New Jersey law can afford you is to retain an experienced divorce lawyer.
7. Can my spouse and I retain the same attorney?
You can retain the same attorney as a joint mediator if you and your spouse decide on divorce mediation. However, you cannot retain the same lawyer as counsel in a divorce, even if the divorce is uncontested.
8. How can my spouse and I limit the cost of divorce?
A cooperative couple can elect to have divorce mediation. Both parties hire a joint mediator to help them come to an amicable agreement, often without heavily involving the counseling attorneys. A mediator assists both parties in reaching a settlement agreement so they can move on with their divorce on a uncontested basis, without a lengthy and hostile back and forth.
9. What if my spouse does not want a divorce?
To get a divorce when your spouse does not agree to it, you either have to be separated and apart for 18 months or you have to cite a fault grounds and then prove that grounds to the Court.
Contact Himelman & Himelman Law today to discuss these and other questions you may have about the process of divorce. Our legal team is ready to help you reach a favorable settlement.