How Do I Start My Divorce in New Jersey?

TMO Divorce Concept

To initiate a divorce in New Jersey, one spouse must file a Complaint for Divorce with the court and officially serve the other spouse. To do so, the spouse must first determine how they want to handle divorce proceedings. The standard and most convenient approach is in which each spouse hires their own divorce lawyer to represent them and negotiate the terms of the settlement agreement. It is best to hire a divorce lawyer as soon as possible to start the process.

What Are the Grounds for Divorce in New Jersey?

In New Jersey, divorces are considered “no-fault” or “fault” based on the circumstances. When filing a divorce complaint, you must state a reason, legally referred to as grounds for divorce. Most divorces in New Jersey are uncontested, citing “irreconcilable differences.” If you choose this option, you are not required to disclose those differences.

Fault-based divorces must be based on one or more of the state’s legally recognized grounds. To divorce in New Jersey, you must first be eligible under the state’s requirements regarding residency and grounds for divorce.

Once served, the receiving spouse is given 35 days to respond to the divorce complaint, at which time they can file any disputes or counterclaims. The response must also include intentions regarding the division of assets and other issues to be addressed during divorce negotiations.

How Can a New Jersey Divorce Lawyer Help Me?

New Jersey does not require hiring lawyers during divorce proceedings, but it is always wise to consult one. Experienced divorce lawyers understand the system, can anticipate issues, and employ proven strategies that protect your rights and best interests. Working with our Bergen County divorce lawyers at TMO Law LLC will provide you with the following:

  • Less contention: Working with an experienced lawyer tends to lessen divorce proceedings’ emotional stress and contentiousness.
  • Extensive knowledge: An experienced divorce lawyer keenly understands New Jersey divorce law and judicial processes.
  • Negotiating and litigating skills: All issues must be dealt with until a mutual final agreement is reached, either between the couple themselves, each party’s attorney, or imposed by the court. An experienced divorce lawyer is skilled at negotiation and litigation should your case go to trial.
  • Rights protection: A lawyer’s primary objective during divorce is to advocate and protect your legal rights throughout the proceedings.
  • Quicker conclusion: The combined above also means that divorce proceedings may move forward more smoothly and quicker, saving you time, money, and stress.

How Long Does it Take to Divorce in New Jersey?

The length of time to divorce depends on the circumstances, type of divorce, the number of issues, and how quickly spouses can reach a final mutual agreement. The New Jersey legal system prefers divorces to be settled within one year, though they can be settled in less time. Divorces stemming from decades-long marriages and those with a high number of assets often exceed one year.

Our Skilled Bergen County Divorce Lawyers at TMO Law LLC Represent Clients Seeking Divorce

If you are considering divorce, our seasoned Bergen County divorce lawyers at TMO Law LLC will provide sound legal guidance and discuss your options. Call 201-971-4866 or contact us online to schedule a consultation. Located in Paramus, New Jersey, we serve clients in Bergen, Passaic, Morris, Essex, and Hudson counties, and northern New Jersey.