Divorce waiting periods are legally required timeframes that certain states impose on couples seeking a divorce. Under these laws, a couple must wait a set amount of time (generally a few weeks or even months) between filing for divorce and it being finalized. The purpose of these waiting periods is to give the spouses a chance to reconsider and reconcile with one another. Some states require a waiting period for divorce, while others do not have any mandatory timeframe. If you are filing for divorce in New Jersey, continue reading for more information and consult a Bergen County divorce lawyer for legal representation.
Does NJ Require a Waiting Period for Divorce?
No, New Jersey does not require a waiting period for a couple seeking a divorce. Once the official complaint has been filed, the divorce can be finalized at any point, given that the legal requirements have been met.
The legal requirements generally include serving the other party with the documents, resolving relevant issues like property division, and ensuring all paperwork has been completed in its entirety.
What Time-Based Requirements Exist?
Although New Jersey does not impose a mandatory waiting period before a divorce can be finalized, there are some time-based requirements, mainly having to do with residency and divorce grounds.
Residency requirement
To file for divorce in NJ, you or your spouse must meet the residency requirements first. Either you or your spouse must be a resident of New Jersey for at least one year directly before filing the complaint for divorce. However, if the grounds for divorce are adultery, the residency requirement is that either you or your spouse must be a resident of New Jersey for any amount of time before filing, even if it is less than one year.
Divorce grounds
Some divorce grounds also have time-based requirements. If your spouse committed adultery or participated in deviant sexual behavior, there is no specific timeframe that applies. As long as you have evidence of their misconduct, you can file based on these grounds. However, the remaining 7 recognized grounds require timeframes to be met.
- To file based on abandonment, your spouse must desert you for at least 12 months
- To file based on separation, you and your spouse must live separately for at least 18 consecutive months
- To file based on substance abuse, your spouse’s addiction must last for at least 12 consecutive months
- To file based on institutionalization, your spouse must be institutionalized for at least 24 consecutive months
- To file based on incarceration, your spouse must be incarcerated for at least 18 consecutive months
- To file based on irreconcilable differences, the marriage must be broken for at least 6 months
- To file based on extreme cruelty, you must wait 3 months from the date of the act of cruelty before filing
If you are seeking a divorce, it is important that you have met the requirements for the grounds you are filing under. To learn more and secure skilled representation, reach out to an experienced attorney at Feitlin, Youngman, Karas & Gerson, LLC today.
