how to file for 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.

Do you need a lawyer to get divorce in NJ?

In a simple divorce, the benefits of filing a do it yourself uncontested divorce in New Jersey without an Attorney in New Jersey is that it can be a quicker, cheaper and less emotionally stressful process to get divorced than litigating a contested divorce where one or more spouses have an Attorney.

How long after divorce can you remarry in NJ?

In New Jersey, you are free to remarry at any point after your divorce is final. However, you must be certain your divorce is actually official and final. It is not final until the judgment of divorce is signed by the Judge.

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.

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.

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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.

How much does an uncontested divorce cost in New Jersey?

To file for an uncontested divorce:

All forms and the $300 filing fee are still required. Defendant should file an Appearance forms stating that the defendant does not contest the divorce, but is prepared to appear before the court on whatever issues the two spouses will be resolving in the divorce.

What am I entitled to in a divorce in NJ?

New Jersey is an equitable distribution state which means that, in the event of a divorce, the marital property is not automatically split 50-50. … Generally, courts have defined marital property to be property acquired by either or both spouses from the date of marriage to the filing of the divorce.

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.

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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