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court divorce new jersey

Do I Have to Go to Court for a Divorce in New Jersey?

In New Jersey, couples seeking a divorce have two different routes for obtaining an “absolute divorce”: A contested divorce or an uncontested divorce. Your divorce will become contested if you and your spouse disagree about some or all of the issues involved in ending your marriage. You will need to go to trial to have a judge resolve the issues for you unless you manage to settle those disputes at some point during the legal process. Conversely, you need not go to trial when you have an uncontested divorce, because you and your spouse have worked out an agreement on all of the issues. For more information on how you might avoid going to court for your divorce in New Jersey, please continue reading, then contact an experienced Ocean County contested divorce attorney today.

How can I stay out of divorce court in New Jersey?

You will need to meet three basic requirements if you want to file for an uncontested divorce in the Garden State: A comprehensive agreement on the issues, an agreement on the legal reason for the divorce and residence in the state for a certain period of time. In order to qualify for an uncontested divorce, you and your spouse must agree on all of the issues in your case, including:

  • The equitable division of your marital property and debts
  • Alimony, and
  • Child custody and parenting time (visitation), child support and health insurance and medical expenses for the couple’s minor children

Mediation might help you work through the obstacles if you and your spouse experience any difficulty with reaching an agreement. The majority of mediators will prepare a document that reflects any agreements you have reached during the process.

Do you have to agree on the legal reason for your divorce in New Jersey?

In New Jersey, you need to have a legally accepted reason, i.e. ground, for divorce. Thankfully, the Garden State allows fault and no-fault grounds for divorce. The easiest, and most common, way to file for an uncontested divorce in New Jersey is to agree with your spouse that your marriage has been broken for six months due to your irreconcilable differences and you have no prospects of getting back together.

What are the steps of an uncontested divorce in New Jersey?

To obtain an uncontested divorce in the Garden State, you must follow these steps:

  • Preparing the divorce forms
  • Filing your divorce papers
  • Serving your spouse with the divorce papers
  • Waiting for a response to the divorce complaint
  • Checking with the court clerk’s office for the court’s practices in your county

If you encounter or expect to encounter any difficulties, speak with a skilled Ocean County divorce attorney immediately.

Contact our experienced Ocean County firm

If you need a divorce and family law attorney in Ocean County, New Jersey,  contact the Law Office of Sarina Gianna, LLC today to schedule a consultation.