Unfortunately, divorce is frequently emotionally, financially, and legally exhaustive. What’s more, New Jersey offers divorcing spouses the option of filing for a no-fault divorce or citing fault grounds, which adds an additional step to an already complex process. However, with an experienced New Jersey family law attorney on your side, it does not have to be. Please read on and reach out to our compassionate firm to learn more about no-fault divorces and how we can help you through the legal process going forward. Here are some of the questions you may have:

What are the residency requirements for getting a divorce in New Jersey?

Before you can even file for divorce, you must first determine if you and your spouse meet the state’s residency requirements to file. This is critical to ensure that the state has jurisdiction over your divorce case. As such, in order to file for divorce in New Jersey, you or your spouse must be a permanent resident of the state, meaning you have lived in New Jersey for at least one year (365 days) before pursuing a divorce. This prevents people living temporarily in New Jersey from divorcing under state laws.

The only exception to this standard, mandatory residency requirement, is if you or your spouse claims adultery as the fault grounds for your divorce. In this scenario, you may file a fault-based divorce against the other at any time, even if you have lived in the state for less than a year.

What fault grounds can I cite in a New Jersey divorce?

In many cases, it is certainly fair to acknowledge that one party is “responsible” for a divorce. For example, if your spouse commits adultery, who could blame you for wanting to leave? For this reason, in New Jersey, individuals can either file a no-fault divorce or cite fault grounds. The fault grounds individuals in New Jersey may cite are as follows:

Deviant sexual conduct
Incarceration (specifically if a spouse has been imprisoned for at least 18 months during the marriage)
Institutionalization
Abandonment / Desertion (if your spouse deserted you and your shared child for at least 12 months)
Addiction (an alcohol addiction or substance abuse issue that they are unwilling to resolve)
Adultery
Extreme cruelty (which includes physical, mental, emotional, or financial abuse exhibited at least three months before your divorce filing date, endangering the health and safety of you and your child)

Though we understand why you may wish to tell the court how you’ve been wronged and why you deserve a better outcome than your spouse, the truth is, this may actually hurt your case in the long run. When you choose to cite fault grounds, you allow your spouse to rebut your accusations, which, in turn, frequently prolongs the divorce process, as well as increases its contentiousness. This, in effect, will cost you more time and money, and what’s worse is that these accusations will seldom impact the outcome of your divorce.

However, you should note that the grounds on which you have filed for divorce may impact the outcome of custody concerns. For example, if you filed on the grounds of and successfully prove extreme cruelty, the family court may consider granting sole custody as a result of this outcome.

Should I file for a no-fault divorce?

Under most circumstances, we will recommend that you file for a no-fault divorce. In New Jersey, to file a no-fault divorce, you and your spouse will simply have to prove that you have irreconcilable differences for six months, meaning you and your spouse have differences in which you cannot move past, or have been separated in separate residences for 18 months before filing. Refraining from citing grounds for divorce mitigates the possibility of your spouse throwing accusations your way, making it a preferable option if you wish to remain amicable post-divorce and spare your children from witnessing highly-contested proceedings.

That being said, whether you file a no-fault divorce or not, you may still have to enter litigation with your spouse, especially if you cannot agree on the terms of your divorce. In the litigation process, your assets may be subjected to equitable distribution, which is why you must retain the services of an experienced attorney who is ready to fight for what’s yours.

Is there a mandatory waiting period for divorce in New Jersey?

In many states across the country, the courts have imposed a mandatory “cool-down” period, in which a divorce will not be finalized until a statutory period of time has elapsed. This is in the hopes of reconciliation. However, New Jersey does not impose a mandatory waiting period, meaning your divorce may be finalized shortly after all necessary steps have been taken.

What does the divorce timeline and process look like?

It’s important to understand that, depending on the unique circumstances of your divorce, in New Jersey, a standard divorce can take as little as 45 days or over one year. Though uncontested divorces, which are those in which you and your spouse agree on all major matters, typically move quickly while a contested divorce, in which one or all major points cannot be agreed upon, can take considerably longer. These divorces generally adhere to the following timeline:

Filing the Complaint: One spouse is responsible for filing for divorce with the Superior Court in the county where they reside.
Serving the Papers: The non-filing spouse is served within 10 days of filing for divorce. The party must be served by a neutral third party, like a process server or a sherrif
Filing an Answer: The respondent, meaning the spouse who did not file, mst answer within 35 days of service.
Case Management Conference: Both parties, along with their attorneys, will meet with a judge at which point a schedule will be established. This meeting typically occurs within 30 days of the response.
The Discovery Phase: Both parties enter discovery to exchange evidence and fill out a Case Information Statement. This step typically takes 90 to 120 days.
Early Settlement Panel (ESP): Both spouses appear before a panel of neutral attorneys to get recommendations on how to settle financial disputes.
Economic Mediation: If the ESP is unsuccessful, you and your spouse will be required to attend a mandatory economic mediation session, at which point you and your spouse will attempt to resolve the outstanding issues.
Intensive Settlement Conference: An intensive final effort where spouses meet with the judge to hear final recommendations on a settlement.
Trial Proceedings: In the event that an agreement cannot be reached, the matter will proceed to trial where each party will present arguments before a judge who will issue the final decision.

Tips for protecting yourself during a divorce

If you are going through a divorce, it’s important to understand the steps you can take to protect yourself during these complex times. This includes:

Regularly reviewing your credit: Going through a divorce can put strain on your credit score, so remaining as amicable and calm as possible is critical to navigate account ownership and paying off outstanding debts. However, you should still review your credit report on a regular basis
Consider mediation over litigation: Taking a case to trial extends the timeline, drastically increases your legal fees, and heightens conflict. Mediation allows both parties to sit down with a neutral third party so both voices are heard and respected in a less combative setting.

Contact our experienced New Jersey firm

If you are considering a divorce in the state of New Jersey, you must consult with an experienced legal team who will help you through every step of the process. Mark McAuliffe of McNerney & McAuliffe has helped countless clients through divorce matters such as equitable distribution, spousal support, child support, and child custody, no matter the type of divorce they choose. If you need an experienced divorce attorney, contact McNerney & McAuliffe today.

How Does No-Fault Divorce Work in New Jersey?