how to file a divorce in nj

How much does it cost to file for a divorce in New Jersey?

The cost to file a divorce complaint in NJ is $300.00. In addition, if child support, child custody, or child visitation are issues in the divorce, the person who files must also pay a mandatory $25.00 fee to take a parent education class. The check must be made payable to the Treasurer, State of New Jersey.

How long does it take to get a divorce in New Jersey?

If the decision is mutual and you and your spouse agree on all legal matters, your divorce could be finalized as soon as 6 to 8 weeks from the filing of the papers. More typically, an uncontested divorce takes 3 to 4 months to iron out the settlement agreement and get court approval.

Do you have to separated before you can file for a divorce in New Jersey?

You do not need to be separated from your spouse to file for divorce in New Jersey, unless you want to base your divorce on the fact that you are separated from one another. If that is the case, you need to be living separate and apart for at least 18 months before you can file and you would file based upon separation.

Can you file for divorce online in NJ?

While you can file for divorce online, completing your divorce hearing and the required workshops will require at least one spouse, the plaintiff, to appear in person before a judge in the state of New Jersey. Complete online divorce is not yet available in New Jersey.

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What is a wife entitled to in a divorce in NJ?

In New Jersey, neither spouse is automatically entitled to alimony as a function of one spouse filing for divorce, and it is the spouses’ respective income levels (not their respective sexes) that determines whether and in what amount alimony should be awarded.

Can I file for divorce without a lawyer in NJ?

In New Jersey, an uncontested divorce can be filed without an Attorney. … Filing for an uncontested divorce in New Jersey and obtaining a final judgment of divorce is much simpler, less expensive and less stressful than filing for a contested divorce, because a contested divorce requires a trial before a judge.

Who pays for divorce in NJ?

There is no rule in family law cases that the party who files for divorce or begins the custody dispute must pay for the other party’s attorney. There is, however, authority in the law for a judge to potentially require one person to advance or pay the other party’s fees.

Is New Jersey a 50 50 state when it comes to divorce?

It is important, in matters of divorce, to understand the difference between “equal” and “equitable.” While some states allow for a strict 50/50 (equal) division of property in a divorce, New Jersey is an equitable division state.

Does it matter who files for divorce first in NJ?

He or she gathers all the paperwork and documentation that may be needed during the divorce proceedings, while the spouse who gets served with divorce papers scrambles to do the same. … These are just two of the benefits of being the first to file.

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What is considered abandonment in a marriage in NJ?

In New Jersey, marital abandonment is viewed as willful and continued desertion for a period of 12 or more months. This is one of the at-fault grounds for dissolution of marriage in the state.

Can my wife kick me out of the house in NJ?

Although it may seem unfair, even if the marital home is your separate property, you cannot simply order your spouse to move out. Under normal circumstances, both spouses have a right to continue occupying the home that has been their principal residence during the marriage while the divorce is pending.

Who gets the house in a NJ divorce?

The contribution of either party in acquiring, preserving, appreciating or depreciating in the amount or value of the marital property. The contribution of either spouse as a homemaker, and the extent to which one party deferred achievement of their career goals.

How do I file for divorce in NJ irreconcilable differences?

To file a divorce based on irreconcilable differences, the following requirements must be met:

  1. You or your spouse must have lived in New Jersey for 12 consecutive months before the filing of the divorce complaint.
  2. You and your spouse must have experienced irreconcilable differences for six months.

Can I file my own divorce papers in NJ?

Note: You must be 18 to file a court case. If you are under 18, your parent or guardian must file the case for you. You should file your divorce forms in the New Jersey county where you live. If you do not live in New Jersey, you should file your forms in the New Jersey county where your spouse lives.

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