If this is your first marriage, then this is the first time you, unfortunately, have to go through the divorce process. So it is understandable if you do not know, and if you are rather fearful, of what there is to expect. While you may seek advice from close family members or friends who have gone through this process once before, you should know that ultimately this experience is different for everyone. Also, this procedure is different from state to state. So, with that being said, please read on to discover how to get your divorce handled in New Jersey and how a seasoned Bergen County divorce attorney at McNerney & McAuliffe can guide you through the entire process.
How can I get my divorce handled in the state of New Jersey?
Before even kickstarting your divorce proceedings in New Jersey, you must ensure that you or your spouse meet the state’s mandatory residency requirements. That is, you or your spouse must have been, at one point or another, considered residents of the state to file with the state’s Superior Court.
Specifically, you or your spouse must be a registered and permanent resident of the state of New Jersey. This means that you or your spouse must have a home address in one of New Jersey’s counties and have registered as a resident through state-issued documents. Further, you or your spouse must have lived within New Jersey’s state lines for at least one year prior to filing for divorce. Essentially, these requirements prevent temporary stays or residency simply to get divorced in this state.
Of note, the only exception to this standard, mandatory residency requirement is if you or your spouse claim adulty as the fault grounds for your divorce. With this, one of you may file an adultery, fault-based divorce against the other at any time, in less than a year.
What does the divorce process in New Jersey look like?
Once you or your spouse have stayed long enough in New Jersey to meet its residency requirement, you may move forward with your divorce process. The process may be shortened if it is uncontested. But generally speaking, for a full-on contested divorce, the complete process goes as follows:
- One spouse files a Complaint for Divorce with the New Jersey Superior Court in the county of their residence.
- One spouse must serve the non-filing spouse with the Complaint for Divorce.
- The non-filing spouse will have 35 days to respond to the Complaint for Divorce.
- The non-filing spouse’s response will trigger a contested divorce and court proceedings.
- Both spouses will attend a case management conference with the court and their respective attorneys.
- Both spouses will enter the discovery phase of their case and fill out a case information statement.
- Both spouses will appear in front of an early settlement panel to get recommendations on how to settle.
- Both spouses will attend economic mediation to resolve property division and support issues.
- Both spouses will go to an intensive settlement conference to hear the judge’s final settlement recommendations.
- Both spouses will undergo trial proceedings to receive a final divorce order from the judge.
If you think now is the time to get started on your divorce, then please reach out to a competent Bergen County family law attorney. Our team at McNerney & McAuliffe is well-equipped to take on your case.
