We are sad to hear that you and your spouse may have been having troubles in your marriage. In the heat of one of your disputes, you may rashly declare that you want a divorce. From here, you may rapidly proceed to draw up a divorce petition. However, once your emotions catch up, you may realize you acted too quickly and hastily. This is why many states observe a “cooling-off” period before divorce proceedings can be commenced. Well, continue reading to learn whether there is a “cooling-off” period before getting a divorce in the state of New Jersey and how an experienced Morris County divorce lawyer at Graves Andrews, LLC can help you go through the divorce process as quickly and painlessly as possible.
What is a “cooling-off” period before divorce?
In the context of divorce, a “cooling-off” period is essentially a waiting period that a couple must undergo before seriously deciding to proceed with a divorce. In other words, it gives a couple one last opportunity to reconcile. Or, it gives them a moment to reflect on their desired arrangements, such as how finances, living arrangements, and childcare should be handled.
Now, the extent of this period may depend on the state where a couple is filing for divorce, but it is typically anywhere between one to six months. A couple may or may not have to live separately during this time, as well. No matter, during this time, the divorce process is effectively halted.
Is there a “cooling-off” period before getting a divorce in New Jersey?
Of note, New Jersey is one of the minority states that does not enforce a standard, mandatory “cooling-off” period before getting a divorce. This means that the New Jersey family judge may grant your divorce straight away, as soon as all the necessary paperwork is filed and all the divorce-related issues are resolved. However, this does not necessarily mean your divorce proceedings will be expedited. Rather, if you claim certain grounds for your divorce, the judge may have to wait a certain timeframe before entering their final order.
For example, if you file a fault divorce and claim that your spouse has been incarcerated, you may have to wait at least 18 months from the date they started their prison sentence before your divorce is finalized. Or, if you file a no-fault divorce and claim that you and your spouse have irreconcilable differences, you may have to wait at least six months from the date of the claimed breakdown of your marriage. Ultimately, other fault grounds may require a legal separation of up to 24 months. Importantly, a legal separation is different than a “cooling-off” period.
If you think now is the time to get started on your divorce, then please reach out to a skilled Morristown family law attorney. Our team at Graves Andrews, LLC is well-equipped to take on your case.
