Understandably, getting a divorce may be one of the most emotionally challenging experiences you must endure. With this in mind, you may want your legal proceedings to proceed as quickly and smoothly as possible. Well, before you can even initiate these proceedings, you may wonder whether the New Jersey family court will impose a waiting period. Please continue reading to learn whether there is a mandatory waiting period for divorce in New Jersey and how an experienced Bergen County divorce attorney at McNerney & McAuliffe can walk you through this process.
Is there a mandatory waiting period for divorce in New Jersey?
Some states enforce a divorce waiting period, which is essentially a mandatory time that must pass before a divorce can be finalized. This is otherwise referred to as a “cooling-off period.” This is because the family court holds onto the hope that a couple will take this time to reflect on their split, reconsider finalizing the divorce, and ultimately reconcile. With that being said, though, New Jersey is one of the few states that does not impose a mandatory waiting period. This is to say that your divorce may be finalized relatively quickly after you complete all the necessary steps of the process.
How long does the divorce process take in New Jersey?
If you are getting a divorce in New Jersey, the process may take anywhere from 45 days to over a year. This may depend on how soon you meet prerequisites, such as the residency requirement, and how quickly you complete the other necessary steps, with or without points of contention. That said, the divorce process generally goes as follows:
- One spouse will file a complaint for divorce with the appropriate New Jersey family court.
- This may be done whenever the plaintiff spouse is ready.
- This spouse will deliver a copy of this complaint and a summons to the other (i.e., serve the papers).
- This must be done within 10 days of their initial filing with the court.
- The other spouse will file an answer to these papers (i.e., an answer and counterclaim or an appearance).
- This must be done within 35 days of being served with these papers.
- The spouses and their respective attorneys will meet with the judge for a case management conference.
- This likely takes place within 30 days of the other spouse’s answer to these papers.
- The spouses will enter a discovery phase and disclose all relevant information for their upcoming case.
- This likely takes 90 to 120 days after the conference to see through.
- If there is contention, the spouses will present their arguments for divorce-related terms at a court trial.
- This duration may depend on the specific court’s schedule.
- The judge will rule on all presented, contested terms and ultimately issue a final judgment of divorce.
- This duration may depend on the complexity of the divorce case overall.
If you need help with executing this, do not be afraid to contact a skilled Bergen County family law attorney. Our team at McNerney & McAuliffe is more than capable and eager to assist in your legal proceedings.