How to Divorce in New Jersey without Lawyers
Some divorce cases can be completely resolved without an attorney. This holds true even in New Jersey, a state known for its detailed legal procedures. Let’s look at the basic steps and information you need to get divorced without a lawyer in the Garden State.
Uncontested divorce requires no lawyers in New Jersey
If your divorce is uncontested, you may be able to complete it without legal help. An uncontested divorce refers to a situation where the couple agree to all decisions about the divorce. These decisions involve the division of property, custody of any kids, any child support to be paid, and alimony.
This type of divorce typically costs less and moves faster because there are no disputes to resolve in court.
A contested divorce in New Jersey can be lengthy, expensive, and emotionally draining, as it involves court hearings and potential litigation. These divorces may require the assistance of an attorney to navigate the complexities of the litigation process and to advocate for the rights and interests of their clients. Compared to a contested divorce, an uncontested divorce is often more amicable and less stressful.
Basic steps of uncontested divorce in New Jersey
Step 1: Filing and serving
The first step in an uncontested New Jersey divorce is filing the right documents. You begin by completing a divorce petition form. This document outlines the reasons for your divorce and your requests regarding property division, alimony, child custody, and any other relevant items.
Once you fill out the form, file it with the court in the county where you or your spouse live. There is a filing fee to pay, but if you cannot afford it, you can apply for a fee waiver.
After you file, you must serve the divorce papers on your spouse. This can be done through a professional process server, a sheriff's officer, or any person over the age of 18 who is not involved in the case. You will need to provide proof of service to the court.
Step 2: Negotiation with spouse
The next step involves negotiating with your spouse to reach an agreement on all the issues outlined in your divorce complaint. This includes child custody, child support, alimony, and division of assets and debts.
If you and your spouse agree on these matters, you can draft a marital settlement agreement. This document should detail all aspects of your agreement and will be submitted to the court. It's crucial to be as thorough as possible, as this document will guide the judge's final divorce decree.
If you and your spouse are unable to agree on all the issues, it may be beneficial to consider mediation or arbitration. These are both forms of alternative dispute resolution (ADR), which can be a less adversarial and more cost-effective way to resolve disagreements than going to court.
In mediation, a neutral third party, known as a mediator, facilitates a conversation between you and your spouse. Their goal is to help you reach a mutually satisfactory resolution. The mediator doesn't make decisions for you; they prompt dialogue and assist in identifying common ground.
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Step 3: Finalizing the uncontested divorce
Once the marital settlement agreement is completed, the next step is to finalize your divorce. You'll need to complete several more forms, all of which are available on the New Jersey Courts website.
After you've submitted all the necessary paperwork, the court will schedule a hearing. At this hearing, the judge will review your documents and ask you questions to make sure the agreement is fair and equitable.
If everything is in order, the judge will sign a Final Judgment of Divorce, legally ending your marriage.
Questions at the final hearing
During the final hearing, the judge may ask several questions to make sure both of you understand the agreement and are willing to abide by its terms. Here are some potential questions:
- Have you fully understood the terms of the marital settlement agreement?
- Do you believe the agreement is fair and equitable?
- Are you entering into this agreement willingly and without coercion?
- Are you satisfied with the child custody, child support, and alimony arrangements (if applicable)?
- Are there any disputed issues that are not addressed in the agreement?
The judge asks these questions to help protect the integrity of the process and the welfare of any involved children. It's advisable to prepare for these questions beforehand. Your answers will help the judge decide whether to grant the final divorce decree.
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FAQ about divorce in New Jersey
Do I have to live in New Jersey before filing for divorce?
At least one spouse must be a resident of New Jersey for 12 continuous months prior to filling out divorce forms. This residency requirement is stipulated by New Jersey law.
How much does it cost to get divorced in New Jersey?
The cost of getting a divorce in New Jersey depends on your circumstances. The basic filing fee for a divorce in New Jersey is about $400. If you require a sheriff to serve the papers, there is an additional fee. These are the base costs and don't include any attorney fees, which can vary widely. If you cannot afford the filing fee, you can apply for a fee waiver.
Do I have to take a parenting class?
In New Jersey, parents with minor children who are going through a divorce are required to attend and successfully complete a parenting class. This class aims to help parents understand the impact of divorce on children, as well as effective co-parenting strategies.
At Hello Divorce, we understand New Jersey divorce law. We can help you complete your divorce with an efficient divorce process and a fair divorce settlement. We offer flat-rate legal advice, online divorce plans, mediation sessions to help you work the kinks out of your settlement, and more. Schedule a free 15-minute call to speak with someone who can advise you.
