Reviewed by Paul H. Townsend, ESQ.
Key Takeaways
- New Jersey imposes no mandatory waiting or “cooling-off” period after a divorce is filed.
- An uncontested, no-fault divorce can finalize in a few months; a contested one often takes a year or more.
- The grounds carry their own timing: irreconcilable differences must exist for six months, and the separation ground requires 18 months apart, both before filing.
- At least one spouse must have lived in New Jersey for one year before filing, except in cases based on adultery.
One of the most common questions that an individual filing for divorce has is how long the process will take. Ending a marriage can be extremely stressful and emotionally draining, and no one wants to endure a long and drawn-out fight. The length of a divorce can vary significantly depending on the state you are in and the specific circumstances of the relationship. It is important to understand that New Jersey does not implement mandatory waiting or “cooling off” periods after a divorce is filed. As such, as soon as the necessary paperwork is filed and served, and the couple can reach an agreement, the divorce may be finalized. While uncontested divorces can take as little as a few months, contested divorces can take a year or longer. To gain some insight into the process, continue reading below. Work with a Morris County, NJ divorce lawyer for skilled assistance and representation during your case.
How Long Will My Divorce Take in NJ?
The amount of time your divorce will take can vary significantly based on the specific details of your situation. While some states impose a mandatory waiting period, New Jersey does not. This means that there is no required delay designed to allow the couple to reconsider their decision and possibly reconcile. Instead, as soon as all of the requirements have been met, the judge can sign and finalize the divorce decree. General requirements include being a resident of the state, having a valid reason for divorce, and resolving all relevant issues like property division and alimony.
Depending on the details of your relationship, your divorce could take as little as 6 weeks or last several months or even years. The length of the process will vary depending on how agreeable you and your spouse are, whether you have minor children, the amount of assets and debts you have, how busy the court is, and more.
No Waiting Period, but the Grounds Can Carry a Time Condition
The absence of a mandatory waiting period is often confused with the time conditions built into certain grounds for divorce. They are not the same thing:
- No post-filing waiting period: Unlike other states, New Jersey does not require a couple to wait a pre-determined period of time after filing before the divorce can be finalized.
- A time condition inside the ground: If you file on the grounds of irreconcilable differences, those differences must have existed for at least six months prior to when you file. The no-fault separation ground requires you and your spouse to live apart for at least 18 months. It’s important to understand that these are required before you are able to file, so while they may impact your overall timeline, they are not considered a court-imposed waiting period.
Residency and Grounds Requirements
Before a New Jersey court can hear a divorce, two threshold requirements under N.J.S.A. 2A:34-2 and N.J.S.A. 2A:34-10 must be met:
- Residency: At least one spouse must be a resident of New Jersey for at least one year prior to filing for the divorce. There is an exception for adultery, which waives the minimum residency requirement.
- A recognized ground: The divorce complaint must state a legal ground on which the divorce is filed, which may be no-fault (like irreconcilable differences for six months or an 18-month separation) or fault grounds like adultery, desertion, or extreme cruelty
How Can I Expedite My Divorce?
Uncontested divorces are the fastest and occur when both parties agree on all key issues, like the division of property, debt allocation, alimony, child custody, and child support. Because they are in agreement and there is no need for negotiations or a trial, the process generally moves quickly. An uncontested divorce in New Jersey can be finalized in as little as 6 to 8 weeks.
Filing a no-fault divorce will also expedite the process. New Jersey allows spouses to file based on fault or no-fault grounds depending on the circumstances. If you file under a fault-based ground like adultery, abandonment, cruelty, etc., you are required to present ample evidence proving your spouse’s indiscretions in court. They will likely present a counterargument. This can take a significant amount of time, especially considering system backlogs and waiting for court dates.
If you have no children, average net worth and assets, are able to communicate effectively with your spouse, and file based on no-fault grounds, your divorce could last as little as 2 to 3 months.
Contact Our Experienced New Jersey Divorce Firm Today
Understanding how to fast-track your divorce is important for any couple to save money on legal fees and avoid stress. To learn more about the process and your options, contact an experienced family lawyer at Townsend, Tomaio, Newmark & Clancy, LLC.
