Uncontested Divorce in New Jersey: Your Complete Checklist

As a trained mediator and divorce attorney in Freehold, NJ, I often recommend that clients seek an uncontested divorce in New Jersey if at all possible. Uncontested divorces tend to be cheaper, faster, and less contentious, allowing all parties involved to get through this legal process with the minimal amount of stress and conflict. While uncontested divorces are simpler, they still involve processes and rules that are complex for people who don’t deal with them every day. Here is a checklist of steps to take to get through your uncontested divorce in New Jersey.

Make Sure You Qualify 

Most New Jersey divorce cases can be filed as “no-fault” divorces in which you don’t have to blame either spouse for the marriage. You simply assert that your marriage has broken down and ask the court to grant you a divorce. 

However, before you can get a divorce in New Jersey, you must meet residency requirements. For most cases, this requires that either you or your spouse has lived in New Jersey for at least a year. If you have not, you may have to wait until you meet the one-year requirement before you can get a divorce. However, there are some exceptions to this one-year requirement. For example, if you are divorcing on the grounds of adultery, you do not have to meet this residency requirement. Instead, you only have to show that one of you lives in New Jersey.  

File Paperwork with the Court

The divorce process officially begins when you file a complaint for divorce in the county of the New Jersey Superior Court Family Division where you fulfill the residency requirements. In your complaint, you will set out basic information about you, your spouse, and the case, including:

• Your date of marriage
• Your request for a divorce
• The reason for the divorce
• How you meet the residency requirements
• Whether you have any minor children together
• The case is uncontested

You can have your spouse served with the paperwork or have your spouse sign a form stating that they waive the formal service requirements. Your spouse will have an opportunity to respond to the divorce complaint.

Prepare a Joint Property Settlement Agreement 

The joint property settlement agreement is really what makes the case uncontested. This important document describes the agreements you and your spouse make about the following subjects: 

• Property division 
• Division of debt
• Child custody
• Child support
• Spousal support

By entering into a joint property settlement agreement, you and your spouse stay in the driver’s seat for the proceedings. You don’t have to have a court impose a decision on you about what is best for you and your family. Instead, you can make these important decisions with your spouse 

Seek Legal Representation or Mediation

Even if you are ultimately able to get an uncontested divorce, it is important that you understand the legal rights involved in the case. You can seek legal representation from an experienced divorce lawyer who can advise you of your rights, discuss the procedural requirements of an uncontested divorce, explain any terms in your settlement agreement that you may not understand, and answer any questions you have. 

You could also pursue mediation if you need assistance from a neutral professional to reach an agreement regarding your divorce. There are many benefits to mediation, including: 

• Mediation is less expensive and saves you money from not having to pay a lawyer to appear in court on your behalf and conduct a trial.
• Mediation can make the process of getting a divorce faster so you can resolve any issues or conflict before you or your spouse become too ingrained in a position that could prevent you from resolution. 
• Mediators use effective communication skills and conflict resolution skills to help you understand your common interests with your spouse, which can help you create an amicable agreement with your spouse. 
• Mediation is forward-looking, helping you to move onto the next chapter of your life in a positive light rather than focusing on negative aspects from the past. 
• You can customize your settlement agreement so that it best serves the particular needs of your family. 
• You make your own decisions and avoid having a judge make them for you. 
• Mediation is less contentious and lets you work together with your spouse, creating a foundation for a positive co-parenting relationship with them moving forward. 

If you would like more information on legal representation for an uncontested divorce or would like to schedule mediation, contact me today for a free, no-obligation consultation to discuss your case.