Going through a divorce can be emotionally difficult. However, knowing what to expect can provide clarity and help you make informed choices. Below is an overview of the 7-step divorce process in New Jersey. While every situation is different, understanding these steps can prepare you to work through each phase effectively and with greater confidence.
1. Determine Your Grounds for Divorce
New Jersey law allows you to file for divorce based on both “fault” and “no-fault” grounds. No-fault grounds generally include irreconcilable differences that have lasted for at least six months. Fault grounds can include things like extreme cruelty, desertion, or adultery.
If you choose no-fault grounds, you won’t need to prove that your spouse is responsible for the breakup of the marriage. Many couples opt for a no-fault divorce because it can reduce hostility and speed up the process.
2. File a Complaint for Divorce
Once you know the grounds for your divorce, the next step is to file a complaint with the Superior Court of New Jersey in the county where you or your spouse lives. This document explains why you want a divorce and outlines what you seek in terms of alimony, child support, custody, or property division.
Filing the complaint officially starts the divorce process. There is a filing fee, though you can sometimes apply for a waiver if you meet specific financial requirements.
3. Serve the Complaint and Summons
After you file, you’ll need to serve (formally deliver) the divorce papers to your spouse. This is usually done by a process server, sheriff, or another approved method. Your spouse must receive a copy of the complaint and a summons, which notifies them of their legal obligations and deadlines to respond.
Timely service is crucial. Once your spouse is served, they typically have 35 days to file their answer, counterclaim, or other response.
4. Exchange Financial Information
Both parties must exchange financial details, such as pay stubs, tax returns, bank statements, and lists of assets and debts. This step is known as “discovery” and ensures everyone is aware of the full financial picture.
5. Attempt Settlement or Mediation
Once each party has the necessary financial details, settlement talks usually begin. The court may mandate mediation or an Early Settlement Panel (ESP) to encourage both sides to find common ground. During mediation, a neutral third party helps you and your spouse negotiate things like child custody or the division of property.
6. Pre-Trial Proceedings and Court Hearings
If settlement talks fail, your case moves closer to a trial. Before the trial date, you may attend conferences or hearings to narrow down the issues in dispute. The judge might give feedback on specific points, encouraging both sides to resolve them amicably.
7. Trial and Final Judgment of Divorce
During the trial, you and your spouse present evidence, call witnesses, and argue why the court should grant your requests. A judge will listen to both sides and then decide on unresolved matters such as custody, alimony, property division, and child support.
Once the judge issues their ruling, the court finalizes the divorce with a Final Judgment of Divorce. This document outlines all the legal terms, marking the end of the process and allowing both parties to move forward with their lives.
Contact a New Jersey Divorce Lawyer for Help
Although the steps above provide a general roadmap, every divorce case is unique. It’s vital to follow all court rules and timelines to protect your interests. An experienced divorce lawyer can guide you through each phase, advocating for your best outcome and ensuring you meet every legal requirement. If you’re considering a divorce in New Jersey, don’t hesitate to reach out for help today.
Contact an Experienced Red Bank Divorce Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
