The state of New Jersey recognizes both no-fault based and fault-based divorce filings under New Jersey divorce law. In practice, either type of filing must still be resolved, via either an uncontested or a contested divorce resolution. In an uncontested divorce resolution, both spouses will agree to every specific term of a given divorce settlement agreement and forward this agreement formally to the courts for approval; it is almost always granted. In short, the uncontested process is less costly, less time consuming, and generally, more amicable than the contested route. However, the negotiations and discussions involved to the reach to uncontested resolution often require some adversarial tactics, and in practice, will require the representation of a divorce lawyer.
Residency Requirements for Filing Divorce in New Jersey
To be eligible to file for divorce in New Jersey, either spouse must have maintained continuous residency within the state of New Jersey for a period of time no less than one (1) year prior to the initial divorce filing date.
Grounds for Filing No-Fault Based Divorce in New Jersey
While divorcing spouses have the option of filing fault-based claims in New Jersey, the bulk of divorces are filed as no-fault actions. For a no-fault based divorce, New Jersey only recognizes the following grounds as sufficient for filing, including:
- Living separately for at least eighteen (18) months
- With no prospect or likelihood of reconciliation between spouses
Getting Legal Help with Uncontested Divorce in New Jersey
While uncontested divorces are the most common route of resolution for divorce cases in New Jersey, the reality is that these resolutions are often the byproduct of sometimes highly contested negotiations between spouses outside the courts. It is advisable that you have legal counsel involved from the outset of any divorce filing, especially during any attempts to negotiate the specific terms of a divorce resolution. Likewise, having legal counsel representing your specific interests in a given divorce case will ensure your legal rights and options are upheld.
For more information and insight into the uncontested divorce process in New Jersey, including how an uncontested divorce resolution may benefit your pending or proposed divorce case, consult with a New Jersey uncontested divorce lawyer to learn more.
