A divorce in New Jersey can last as little as 6 weeks, but could also drag on for several months or even years. If you are seeking a divorce in New Jersey, it is imperative that you understand the steps required before the marriage’s end can become final. Read on and speak with a Bergen County divorce lawyer for more information and legal counsel in your case.
When Does My NJ Divorce Become Final?
Divorces in New Jersey only become final when the judge issues the Judgment of Divorce, also known as the final divorce decree. The final judgment is a document that legally dissolves the marriage. It outlines all of the terms and conditions agreed upon or decided by the court regarding relevant topics like property division, debt allocation, alimony, child custody, visitation schedules, child support, and any other important matters.
Before the divorce decree can be signed and submitted to the court, however, there are several steps that must be completed.
What is the Divorce Process in New Jersey?
Family law can be complex, so it is important that you understand all requirements before initiating the divorce process. Below are the main steps of securing a divorce in New Jersey.
- Complaint for Divorce: The filing spouse (plaintiff) initiates the divorce process by filing an official complaint with the New Jersey Superior Court. The complaint should contain personal and contact information for both spouses, relevant information about the relationship, and the grounds for the divorce request.
- Serve papers: The plaintiff must serve the other spouse (the defendant) with the divorce complaint and summons to ensure they are made aware of the intent to terminate the marriage. The respondent spouse has 35 days from the date they were served to file an official response agreeing to or contesting the terms.
- Pretrial motions: Both parties have the right to file pretrial motions, like requesting temporary child custody, child support, or alimony during the divorce process.
- Case Management Conference: The spouses will attend a scheduling hearing where the parties and their legal teams will meet with the judge to discuss the plan moving forward, set a discovery timeline, and determine what issues are agreed upon and what issues are still unresolved.
- Discovery: Both parties and their legal representatives can use the discovery time to gather information for negotiations. Relevant information includes income, financial assets, debts, real estate, information regarding shared minor children, contributions made to the family, and other supporting evidence.
- Settlement negotiations: Spouses can negotiate directly, through their attorneys, or through alternative dispute resolution tactics like mediation or arbitration. Regardless, this is the time for the spouses to negotiate details of relevant issues like property division and alimony. If an agreement is reached, the attorneys will draft a Marital Settlement Agreement outlining the agreed-upon terms.
- Trial: If an agreement cannot be reached, the case will proceed to trial, where both sides will present evidence and arguments before a judge who will issue a ruling on all disputed issues.
- Final judgment: Once an agreement has been reached or the judge has made a decision, they will sign the divorce decree or judgment. Once it is entered into the court and the parties are issued a copy, the divorce is legally binding.
If you have questions or concerns about the divorce process, do not hesitate to contact an experienced divorce attorney at Feitlin, Youngman, Karas & Gerson, LLC.
