How Do I File My Divorce Papers In New Jersey
When you get your completed forms with New Jersey 3StepDivorceâ¢, your next step will be to file your paperwork in the Family Division of the Chancery Division in New Jersey superior court. You canât file in just any superior courtâyou must file your divorce in the county in which the filing spouse lived at the time the cause of action arose. In other words, you must file in the county where the events that led to your getting a divorce occurred.
If the plaintiff spouse doesnât live in New Jersey, then the divorce must be filed in the county where the non-filing spouse lived at the time the cause of action arose.
If neither spouse lived in New Jersey when the cause of action arose, the divorce must be filed in the county where the plaintiff lives when the divorce is filed. If the plaintiff doesnât live in New Jersey, then the divorce must be filed in the county where the defendant lives when service of process is made. .)
Figuring out which court to file in can be tricky. For further information and some good examples, see the Legal Services of New Jerseyâs Divorce in New Jersey: A Self-Help Guide.
You can file your divorce in person or mail it in to the court clerk. No matter how you decide to file, itâs a good idea to call the clerkâs office to confirm that your filing method of choice will be accepted.
Where Do I Find A Lawyer For My New Jersey Divorce
Experienced family law representation can easily mean the difference between an unpleasant outcome and exiting your current situation with as many resources as possible.
We always recommend searching out an attorney with experience in New Jersey divorces, so you can receive the most accurate and thorough guidance.
Of course, if you are looking for an experienced divorce attorney in the Bergen County or Middlesex County area, look no further than right here at Fabrikant Law.
New Jersey Divorce Made Easy Documents Done Right
NEW JERSEY 3STEPDIVORCE TM – KEEPING YOUR UNCONTESTED DIVORCE SIMPLE
| This easy to use online divorce is a “do it yourself ” solution for any uncontested divorce that will be filed in the state of New Jersey. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in the New Jersey courts .
With 3StepDivorce TM you will complete and print your New Jersey divorce forms instantly. Then, follow our step-by-step filing procedures to file your New Jersey divorce papers in a timely, professional, and hassle-free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you’re not ready to file divorce paperwork in NJ, learn more about getting your Separation Agreement or learn more about the basics of divorce in New Jersey and how to do your own divorce in New Jersey . Also, If you have any questions try visiting our New Jersey Divorce Online Help Center .
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Can You File For Divorce Online In New Jersey
To initiate the divorce process, one spouse must file a divorce complaint with the court. That spouse becomes the plaintiff. The spouse must indicate a legitimate reason for the divorce recognized by the state of New Jersey divorce laws. We call this the grounds for divorce or cause of action. Divorces are categorized as fault and no-fault. Most divorces fall under the no-fault category in the state of New Jersey.
How To File For An Uncontested Divorce In New Jersey If You Are In The Military
If you are in the Military or the spouse of a servicemember, you may have questions or concerns about filing an uncontested divorce. For the most part the divorce process is the same as civilians in New Jersey with some exceptions. If you are the party that is filing for the divorce and your spouse is in the military, he or she MUST sign the divorce papers.
In the State of New Jersey, military personnel can file for a divorce in one of three places:
- The state that the serviceperson is currently stationed
- The state that the spouse currently resides
- The state that the serviceperson claims residence
As a servicemember and you are overseas the courts often grant permission for the servicemember to appear by telephone for some of the proceedings. If not, the court hearing can be rescheduled until the servicemember is available. If you are the plaintiff and your spouse in in the military in New Jersey, he or she does not need to attend the final hearing for the divorce.
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Contested Or Uncontested Divorce
The divorce process is not an easy one. This difficult procedure is likely to stir up many emotions including anger, grief, and acrimony, which is why it is in your best interest to resolve all of the major issues like property and debt distribution, child custody and spousal support before you initiate the legal process. If you and your spouse can produce an amicable settlement which should be signed and notarized, you are both likely to save thousands of dollars in legal fees and months of time.
When filing a divorce in New Jersey you have two options:
Castronovo & Mckinney Divorce & Family Lawyers
Divorce is a very difficult process. It can take a toll on both spouses whether you use an at-fault or no-fault ground for divorce. In either case, having an experienced divorce attorney on your side will help you navigate the paperwork and judicial process with the least amount of hardship.
Contact Castronovo & McKinneys Family and NJ Divorce attorneys to help you through the divorce proceedings. We have the knowledge and experience to make this difficult process easier on you and will represent you to get the best property division, alimony, child support, and custody outcomes possible.
New Jersey Family Law
Helping New Jersey Families
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Do I Need A Lawyer To File For Divorce In New Jersey
Many New Jersey residents are finding that they can file for divorce and get through the process without the expense of hiring a lawyer if theyâre filing for an âuncontested divorceâ in the state. That means that theyâve agreed with each other about all of the legal issues in their divorce, including:
The New Jersey Administrative Office of the Courts has prepared an instruction pamphlet on how to modify a child support order. The instruction pamphlet includes fillable forms.
What If I Cant Afford To Pay The Divorce Filing Fee
If you canât afford to pay the filing fee, you can ask the court to waive the fee. Read through the courtâs instructions for filing a Certification/Petition/Application in Support of a Fee Waiver . If the court grants your request, you wonât have to pay any court fees or costs for your divorce.
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File Dissolution Paperwork And Pay Fees
To begin an uncontested divorce, NJ requires one spouse to file a Complaint for Divorce in the appropriate county of the N.J. Superior Court, Family Division. Indicate that the divorce is uncontested in your initial complaint. You also need to complete and file several other clerical forms, including a summons with your spouses contact information.
Once the court accepts your documents, you must ensure they are served on your spouse. You can have the sheriff or a professional process server deliver them however, if your spouse agrees to accept them, you can save the time and expense of these methods. Your spouse then files a response with the court system and pays the associated fees. In an uncontested case, this will be an appearance, stating that they do not contest the divorce.
Starting The Divorce Process
The actual document you will need to file to begin the divorce process is the Complaint for Divorce form . In addition to the Complaint, you will need to also submit
Filing Letter to the CourtComplaint Form
Certification of Insurance
Certification of Notification of Complementary Dispute Resolution
Family Part Case Information Statement
Confidential Litigant Information Sheet
You will need to submit these documents to the County Clerk of the State Court in which you or your spouse live or work. The filing fees are dependent upon the jurisdiction but typically are about $250. At the time of filing, you will receive a docket number which will help you keep track of your case.
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How To File A Divorce In New Jersey
New Jersey divorce law doesnt need to be a mystery. Discover residency requirements, grounds for dissolution, and what to expect regarding property division, alimony, child support and custody.
For any married couple, a divorce will accomplish two things: severing the marital relationship, and dividing assets and debts. If one of them will be unable to be self-supporting after the divorce, the issue of alimony may arise. If there are minor children, they will also need to resolve issues of child custody, visitation, and support.
Residency and Where to File
In order to file for divorce in New Jersey, one of the following requirements must be met: one party has been a resident of New Jersey for at least 1 year, or if the cause of the divorce is adultery that occurred in New Jersey, one party must be a resident . You may file in the Chancery Division of Superior Court in any New Jersey county.
Grounds for Divorce
Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. New Jersey, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds.
New Jersey divorce law provides that all property is marital property, regardless of how or when it was acquired. In dividing property the judge must consider the following factors:
Alimony in New Jersey
Child Custody in New Jersey
Child Support in New Jersey
Factor #: How Many Assets Do The Couple Share
For similar reasons to those discussed in Factor #2, couples that share a large number of assets will usually experience a longer wait to finalize their divorce.
The necessity of going through numerous and tangled assets, from properties to businesses to investments, takes a long time and requires professional help.
Can I Get Alimony With An Online Divorce In New Jersey
You and your spouse may waive any right to alimony in your New Jersey divorce, or you may agree on the specifics of alimony payments: who will pay, how much, and for how long. Your agreement may also state whether a court could modify alimony at any time in the future, and it could cover related issues like health insurance and life insurance.
Timeline For Getting An Uncontested Divorce: Nj
How long does it take to get an uncontested divorce? NJ requires couples who file for a no-fault divorce to live separately for 18 months before filing for dissolution.
There is another, faster option for filing an uncontested divorce. The parties can file based on grounds called irreconcilable differences, which requires them to demonstrate that the marriage has been deteriorating for six months. This period can elapse before your file for dissolution. If you choose this route, your divorce may be finalized as soon as your joint paperwork is completed, filed and approved by the court. Depending on the courts current caseload, a typical NJ uncontested divorce timeline is usually three to six months.
An online divorce service can help walk you through the process quickly and efficiently. These services provide:
- Checklists to ensure you are filing the proper paperwork in the correct county
- Links to fillable forms
- Directions for filing
- Templates to help you draft your agreements
They also offer connections to legal aid services, legal professionals and New Jersey divorce attorneys who can help you with specific questions or issues. Online divorce services can cost far less than a full-service divorce lawyer and allow you and your spouse to resolve your dissolution with minimal animosity.
Submitting A Verified Consumer Request
You have the right to submit verified consumer requests to know information or for deletion. The request to know canbe for any or all of the following:
The response to a request for any of the categories above will cover the preceding 12 months. Please note that we arenot required to provide personal information to you more than twice in a 12-month period. We cannot respond to yourrequest or provide you with personal information if we cannot verify your identity or authority to make the request.We will only use personal information provided in a verifiable consumer request to verify the requestorâs identityor authority to make the request.
You can submit requests by callingor using ourwebform.
Requests to Know or Delete for Child Under the Age of 13: We accept requests for minors under the age of 13 if we candetermine that it was submitted by a parent or guardian. If submitting such a request, please provide sufficientdocumentation to demonstrate that relationship.
What If I Cant Contact My Spouse
There are a few steps to follow to complete a divorce with a spouse that you cant contact or locate. The court will want proof that youve conducted a diligent inquiry to try to track them down to serve them the divorce papers .
This involves getting in touch with your spouses friends, past employers, and relatives to see if they know where he or she is, conducting inquiries at bodies like the DMV, post office, and voter registration office, and other basic inquiries.
If you still cant track down your spouse, youll have to publish an announcement that youre seeking a divorce in a newspaper.
Finally, without any response, the court will award you the divorce by default.
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S For Divorce In New Jersey
New Jersey divorce includes several key stages that a couple must complete.
Grounds for Divorce
Finalizing a Divorce
The clerk will schedule a court hearing when all papers have been filed. It usually takes place within 30 days. The petitioner should also prepare a consent order form and bring it to the hearing. The judge will sign the divorce decree if all the issues are addressed and the documents are filled out correctly.
Do You Need A Lawyer To Get A Divorce In Nj
Youre not legally required to have a lawyer to file for divorce, but its usually in your interest to get legal representation. Even a seemingly amicable divorce can get messy quickly, and the consequences of a mistake can affect the rest of your life. A lawyer who knows the system and knows the process can advocate for your interests, advise you on the best way forward, and make sure you and your family have a solid foundation after the marriage ends.
Divorce is always difficult, but you can make the process easier with the right attorney on your side. If youre going through a divorce or considering a divorce in New Jersey, talk to an experienced divorce lawyer in your area today.
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Divorce Issues In Monmouth County
If you are like many of our Red Bank clients facing divorce, chances are you have many questions and concerns. We understand. Divorce is such a complex and individual process. By many measures, it is a major life event.
For nearly six decades, we have been successfully guiding clients like you through this significant life event. We are the experienced Monmouth County attorneys at the Law Offices of Steven P. Monaghan, LLC. Let us guide you.
Can I Get An Annulment In New Jersey
Annulments are available if one of the following can be shown:
- Either spouse has another spouse at the time of marriage.
- The parties are related and closer than first cousins.
- The male spouse is impotent and the other spouse did not know prior to marriage.
- Either of the parties lacked the capacity to marry at the time of marriage due to any of the following: mental condition, intoxicants, or drugs.
- There was a lack of mutual assent to the marriage as a result of duress or fraud.
- The demand for an annulment is made by a spouse who was under 18 at the time of marriage and he/she did not ratify the marriage after turning 18.
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