MEETING OPTIONS DURING THE CORONAVIRUS: The Law Offices of Peter Van Aulen understands your concerns regarding the spread of the Coronavirus, and now offers different meeting options to our clients and those seeking legal representation. All meetings, including initial consultations, can be handled either through the phone, FaceTime, Zoom, or in person.
If you and your spouse have made the decision to seek an end to your marriage, you certainly have a number of questions about the divorce process. Among them most likely is the very basic but very important question of how long does a contested divorce in NJ take?
Overarching Judicial Policy About Divorce Timeframe in New JerseyThere is a recognition in the New Jersey judicial system that parties to a divorce are not well served when a marriage dissolution case drags on indefinitely. New Jersey courts have mandated that a divorce in the state should not take longer 12 months as a general rule. The clock starts running from the time a complaint is filed with the clerk of the court.
The 12-month time frame references what commonly is known as a contested divorce. An uncontested marriage dissolution case can conclude far more quickly than a year in New Jersey.
The 12-month timeframe is the general outward parameter for concluding a divorce case in New Jersey. As is discussed in a moment, there can be factors and issues that necessarily will extend the conclusion of marriage dissolution proceedings beyond the one-year mark.
New Jersey Divorce Residency RequirementOne factor that can extend the total time associated with ending a marriage in the Garden State is the statutory residency requirement. Before a divorce complaint can be filed in this state, at least one spouse must reside in New Jersey for at least a year unless you file on the grounds of adultery. Therefore, if that residency minimum has not been met, a couple will have to hold off pursuing a marriage dissolution case until that one-year threshold has been crossed. Please note that the one residency requirement does not apply if you file on the grounds of adultery.
Is There a Separation Period Prior to Commencing a Divorce Case?You may have heard that you need to be separated from your spouse for a certain period of time before filing a New Jersey complaint for divorce. In most cases, there is not pre-filing separation period required in New Jersey, something that could extend the overall process. (Some states do maintain a separation requirement before filing a complaint or petition for divorce.)
The only exception to this rule is if you seek a divorce on the grounds of separation. There has to be a minimum period of separation before you can file a complaint for marriage dissolution alleging this as the reason for divorce. (Most people pursue a divorce based on irreconcilable differences in such a situation in order to bypass this additional waiting period.)
Child Custody and Related Issues can Draw Out a Contested Divorce in NJWhen it comes to the timeline of a contested divorce in NJ, issues surrounding child custody and related matters frequently are the reasons for the proceedings taking a more extended period of time. This typically occurs not only because of the complexity of custody, parenting time, support, and other legal niceties but because of the emotionally charged nature of these types of issues.
High-Asset Divorces Tend to be More Challenging to ResolveAnother line of marriage dissolution cases that can extend the timeline of a contested matter is that associated with a significant number of assets. Not only does this include cases in which the parties have extensive assets but those proceedings in which a spouse or both spouses own a business.
Other Factors that Extend a Contested Divorce in NJThere are a number of other circumstances that can prolong the overall divorce process in New Jersey. For example, if you want to base a divorce on a spouse’s incarceration, you will need to demonstrate that your spouse will serve at least 18 months in prison or jail.
If you want to base a marriage dissolution on an allegation of insanity, a demonstration must be made that the condition is permanent. This requires considerable evidence, including testimony and reports from mental health professionals. Moreover, your spouse would need to have been hospitalized or institutionalized for at least two years.
If you face the prospect of a contested divorce in NJ, you best protect your vital legal interests by retaining the services of an experienced, tenacious New Jersey divorce attorney on the legal team at the Law Offices of Peter Van Aulen.