First Steps in Filing for Divorce

How Do I Begin the Divorce Process in New Jersey?

To formally initiate the divorce process, a couple must first ensure they meet the state’s requirements and file the necessary documents. Before a New Jersey court will hear a divorce case, two things must first be satisfied:

One-year residency: In accordance with N.J.S.A 2A:34-10, at least one spouse must have been a permanent resident of the state for at least one year before filing, with the sole exception being divorces filed on the grounds of adultery. In these instances, the residency requirement is waived.

A filed Complaint for Divorce: The divorce process will formally begin when one spouse files a Complaint for Divorce in the Superior Court, Family Division, while citing the grounds and relief sought.

What Are the Grounds for Divorce in New Jersey?

New Jersey adheres to both no-fault and fault-based divorces under N.J.S.A 2A:34-2, though the majority of divorces are filed as no-fault. As such, when filing for divorce, you must state the ground that is applicable to your divorce.

Irreconcilable differences (no-fault): The marriage has been broken down for at least six months with no reasonable expectation that the matter will be reconciled. This is the most common ground on which divorces are filed, and does not require living separately in New Jersey.

Separation (no-fault): Available when spouses have lived in separate habitations for at least 18 consecutive months.

Fault grounds: There are a number of fault grounds on which a divorce may be filed in New Jersey. Unlike a no-fault divorce, you must successfully prove wrongdoing when pursuing a divorce. Recognized fault grounds in New Jersey include:

Adultery
Willful desertion for 12 or more consecutive months
Habitual drunkenness or drug addiction
Extreme cruelty
Institutionalization for mental illness for 24 months or more
Imprisonment for at least 18 consecutive months
Deviant sexual conduct

What Are My Divorce Options if I Want to Avoid Litigation?

If you are going through a divorce, litigation is not your only option. Even if you are going through a complex divorce with challenged marital issues, there are other methods of dispute resolution that are positively effective for couples that would like to evade the courtroom. Some of the most common types of alternative dispute resolution include:

Mediation: This method requires a neutral third party, also known as a mediator. The role of a mediator is to allow the perspectives of both spouses to be heard, understood, and considered when coming up with a reasonable divorce agreement. Mediation is not legally binding, and many of our clients enjoy this method of cooperative and communicative conflict resolution

Collaborative Divorce: Similar to mediation, collaborative divorce involves all parties working towards a mutually beneficial outcome. Collaborative conflict resolution takes this one step further by having participants sign a written agreement that both parties will resolve their differences without litigation

Arbitration: A legally binding method of resolving conflicts that involves an impartial arbitrator making a final decision based on the needs and legal standing of all parties

What Are the Steps of the Divorce Process?

Understanding what to expect after a Complaint for Divorce has been formally filed with the court and served on a spouse is critical. If the divorce is contested, meaning the spouses cannot agree on one or more issues, the divorce will proceed through a defined series of stages before it is eventually finalized by the courts:

Service and response: Once the complaint has been filed with the appropriate New Jersey Superior Court, Family Division, the other spouse must be served. They are formally referred to as the defendant, and they will have 35 days from the date on which they were served to respond to the complaint.

Case Management Conference: A judge will examine the contested issues, set a discovery schedule, and identify any custodial or parenting time disagreements.

Early Settlement Panel: Experienced attorneys will review all financial issues and suggest non-binding recommendations that the couple can examine and accept or reject.

Mediation or litigation: If any issues remain, the couple can proceed to mediation, or if mediation is unsuccessful, litigation, where a judge will issue a decision on the contested matters.

Final Judgment of Divorce: Once all issues are resolved, the judge will enter a Final Judgment of Divorce, ultimately and officially ending the marriage.

Should I Hire an Attorney?

With the support of a skilled and experienced divorce attorney, you can ensure that your divorce will run as smoothly as possible. It doesn’t matter whether your divorce is contested or uncontested; a divorce attorney is useful in any divorce. In some cases, a couple may want to write their own agreement, keep it straightforward, and trust one another; however, the results may not defend you and/or your spouse’s legal rights in the future.
In the event that you and your spouse choose to go through the divorce legal process alone, it will be extremely challenging for you and your former partner to modify your divorce agreement. If the agreement is unclear or not specific enough, you will be unable to modify the terms without filing a family law appeal. Even still, you must go to court and prove that the initial agreement was unfair or based on misrepresented facts.
Without the aid of an experienced divorce attorney, you won’t have the comfort you need to ensure that your future after your divorce is protected.

What Documents Are Required to File for Divorce?

Beyond the Complaint for Divorce itself, New Jersey requires several supporting documents at filing. Preparing these in advance helps the process move forward:

Confidential Litigant Information Sheet: Provides the court with personal identifying information such as date of birth and Social Security number.

Certification of Insurance: Discloses existing coverage, including medical, life, and homeowner’s policies.

Certification of Notification of Complementary Dispute Resolution: Confirms you understand the alternatives to litigation, such as mediation and arbitration.

Family Part Case Information Statement: Details your financial situation, including income, assets, and liabilities.

Contact Our Experienced Divorce Firm

At Townsend, Tomaio, Newmark & Clancy, LLC, our seasoned divorce and family law attorneys ensure that through the process of resolving your family matter, you feel empowered, not overwhelmed. Providing unwavering support, undivided attention, and unflinching advocacy, our team invests in your cause, working tirelessly to pave your path toward a brighter tomorrow. If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio, Newmark & Clancy L.L.C today.