Before you or your spouse can file a Complaint for Divorce with the New Jersey family court, you must confirm that that specific court has jurisdiction over your divorce case in the first place. That is, there is such a thing as a residency requirement for all New Jersey divorces. With that in mind, continue reading to learn the residency requirements for divorce and how an experienced Morris County divorce lawyer at Graves Andrews, LLC can help you plan accordingly.
What are the residency requirements for a New Jersey divorce?
You may rest a little easier knowing that New Jersey’s residency requirement for divorce is relatively straightforward. That is, it holds that you or your spouse must have been a bona fide or actual resident of New Jersey for at least one year. Anything less than a year may prompt the New Jersey family court to dismiss your case automatically. Of note, this one year or more of residency must have taken place immediately before you or your spouse filed a Complaint for Divorce. Residing in any other state in between may prompt the court to dismiss your case automatically, as well.
What is the waiting period for a New Jersey divorce?
Unique to most states, New Jersey does not require a waiting period, otherwise known as a “cooling off period,” for divorce. Usually, this period is allotted so the divorcing couple may eventually reconcile or formulate settlement agreements without court intervention. This means that the New Jersey family court may commence your divorce proceedings immediately after you file a Complaint for Divorce.
What is the average time to get a New Jersey divorce finalized?
Absent a mandatory waiting period, it may take anywhere between three months to one year to finalize a New Jersey divorce. This is, of course, after the residency requirement is met. The exact timeline may depend on a variety of factors, such as the following:
- The busyness of the court’s schedule in the jurisdiction in which you must file.
- The grounds you and your spouse cite for your divorce (i.e., fault or no-fault grounds).
- The type of divorce method you and your spouse opt for (i.e., mediation, collaboration, arbitration, or litigation).
- The type of divorce-related issues you and your spouse are fighting over (i.e., child custody, child support, spousal support, and property division).
- The complexity of the marital assets and marital debts you and your spouse must divvy up (i.e., shared business ventures, multiple real estate properties, etc).
- The willingness you and your spouse have to compromise on child custody and parenting time schedules (and if one of you accuses the other of unfit parenting).
If you have any further questions or concerns, please do not hesitate to contact a skilled Morristown family law attorney. Schedule your initial consultation with Graves Andrews, LLC today.
