Uncontested Divorce in New Jersey

• Requirements for uncontested divorce in New Jersey
• Is a lawyer required?
• Before you start
• How long it takes
• How much it costs

An uncontested divorce in New Jersey is a dissolution of marriage to which both parties agree and no lawyers are required. Essentially, it means that you and your spouse are both on board with the divorce and agree to the basic terms of the divorce. Neither party is trying to make the other do anything they do not want to do.

What are the requirements for an uncontested divorce in New Jersey?

Before initiating an uncontested divorce in New Jersey, you'll need to fulfill a residency requirement of at least one year, unless your case involves adultery. This means that you or your spouse have lived in the state of New Jersey for a year before filing for divorce there. However, this requirement may be waived in the event of certain reasons for divorce, such as abuse.

Additionally, both spouses must agree upon the grounds for divorce. Typically, the grounds cited are irreconcilable differences. The couple must draft a marriage settlement agreement (MSA) that outlines terms such as property division and child custody arrangements.

Since an uncontested divorce means that both parties agree on key issues, this significantly simplifies the legal process. 

To file an uncontested divorce, you will both need to adhere to specific requirements, including these:

• You agree on all the terms of the divorce settlement, including property division and the custody and visitation schedule for your kids
• You must both be residents of New Jersey for at least 12 months.
• You must file the divorce paperwork with the court by the required deadlines.
• You must pay the filing fees.

Is a lawyer required for an uncontested divorce in New Jersey?

No, hiring a lawyer is not mandatory for an uncontested divorce in New Jersey. 

If you and your spouse can come to an agreement on all divorce terms and are willing to handle the paperwork on your own, you have the option to represent yourselves.

What is required before starting the uncontested divorce process in New Jersey?

Before filing for an uncontested divorce in New Jersey, there are a few things you should do to help make sure the process unfolds quickly and smoothly. Follow these steps:

1. Gather the required paperwork

This includes the following:

• Divorce petition
• Financial affidavit
• Parenting plan
• Child support calculation
• Alimony (spousal support) calculation
• A property settlement agreement

2. Meet with a mediator

This is optional, but it is a good idea if you and your spouse have any areas of disagreement. A mediator can help you to find a mutually beneficial solution without racking up expensive lawyer fees.

3. Reach an agreement with your spouse 

This includes finalizing the grounds for your divorce for the purposes of paperwork. You do not need to be highly specific. As mentioned, people often cite irreconcilable differences as the cause. This is a blanket term that basically means the two of you have experienced an unnamed breakdown in your marriage for at least six months, making reconciliation unlikely if not impossible.

4. Draft a marriage settlement agreement

A marriage settlement agreement (MSA) is a legally binding document. It outlines the terms of your divorce and is signed by both of you and notarized. 

Some portions of the MSA may be adjusted as needed in the future, especially as it pertains to child custody. But for the most part, it will be very difficult to change the details if you decide later that it no longer works for you. 

The terms will be enforceable in a court of law. Make sure you fully understand and agree to everything listed in the document before signing.

How do we file for an uncontested divorce in New Jersey?

In general, you will need to:

File the complaint

The spouse initiating the divorce (the plaintiff) files a Complaint for Divorce with the Superior Court of New Jersey. This document officially commences the divorce process and outlines the grounds for divorce and other relevant information.

Provide service of process

Give your spouse (the defendant) the divorce documents via certified mail or a process server. Even if the split is amicable, this is an important step in the process. You must be able to officially prove that they received the documents.

Be patient through the waiting period

New Jersey imposes a 90-day waiting period from the date the defendant receives the divorce papers to the date the divorce can be finalized. 

Prepare all the required documents

Accurately prepare all required divorce documents, such as the marriage settlement agreement (MSA), child support worksheets, and any other court-mandated forms applicable to your situation.

File all the required documents with the court

Submit all documents requested by the court, making sure they conform to the requirements and are delivered by the mandatory deadlines.

Wait for the final judgment

Once your 90-day waiting period has expired and all documents have been reviewed and approved by the court, a judge will issue a final judgment of divorce that officially dissolves your marriage.

What to expect after the uncontested divorce process is completed in New Jersey

As soon as your uncontested divorce process is complete, a decree of divorce will be issued as proof. Keep a copy of this in case you need to show proof of your divorce for purposes such as a name change or remarriage.

Here are a few things you should anticipate once your divorce proceedings have concluded:

• Legally, you will become single.
• Your divorce decree allows for the possibility of remarriage.
• Your spouse will no longer be considered your dependent for tax purposes, and vice versa.
• Your other legal documents should also be updated accordingly, including your driver's license, passport, and health insurance card.
• Your beneficiary designations for accounts may need updating, such as retirement plans and life insurance policies.
• Your will and living will may need to be updated.

How long does an uncontested divorce in New Jersey take?

On average, an uncontested divorce in New Jersey takes three to six months from start to finish, though delays could extend this timeline. 

Delays may occur if you are late in filing any of the paperwork or if the court is backed up. 

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

Costs associated with uncontested divorce in New Jersey typically include filing fees, document preparation costs, attorney or mediator fees, service of paperwork costs, and other court fees. The total can amount to anywhere from several hundred dollars to several thousand dollars.

In New Jersey, uncontested divorce typically incurs a $300 filing fee. If minor children are involved, an additional $25 fee applies to attend a parenting workshop.

While the average cost of a New Jersey divorce may be around $5,000, it's possible to keep costs below $1,000 if you handle the process yourself, reach agreements through mediation, and work together.

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