Ending a marriage can be difficult, but when both parties agree on all major terms, an uncontested divorce process can be faster, less expensive and less stressful. In New Jersey, there are several grounds for divorce under N.J.S.A. § 2A:34-2. If both spouses have reached full agreement, they can file for an uncontested divorce. If you’re considering this option, the experienced legal team at Carvajal Law can help guide you through the process.
What Is an Uncontested Divorce in New Jersey?
An uncontested divorce is when both spouses agree on all aspects of the divorce, including child custody, financial support, property division and debt division. Because there are no disputes for the judge to resolve, these cases usually move through the court system faster than contested cases.
Do You Qualify for an Uncontested Divorce?
Before filing, please confirm that you and your spouse agree on the following:
- Child Custody and Visitation: A parenting plan that is in the best interest of any minor children.
- Financial Support (Alimony): Whether or not support will be provided, and for how long.
- Property and Debt Division: An equitable division of marital assets and liabilities.
Under New Jersey Court Rule 5:5-3, parties can proceed with an uncontested divorce by submitting a written agreement that covers all material issues. However, if even one point is disputed, the case becomes a contested divorce, which requires more involvement from the court and additional costs.
Step-by-Step: How the Process Works
- Establish Grounds & Residency – At least one spouse must have lived in New Jersey for 12 months prior to filing for divorce. The most common ground for divorce is “irreconcilable differences”, as defined by N.J.S.A. § 2A:34-2(i).
- Draft a Marital Settlement Agreement – Your attorney will help you create a legally binding document that addresses all aspects of your divorce, including child custody, child support, property division, and spousal support. This agreement will become part of the court’s final decision.
- File for Divorce – Your attorney will file the necessary paperwork with the court, including the complaint for divorce, along with any other required forms.
- Service & Waiver – Since the divorce is amicable, the other spouse will typically sign an acknowledgment of service, agreeing to the terms of the settlement and waiving the need for formal service.
- Attend the Final Hearing – A brief court appearance is required to review the MSA and confirm both parties’ consent. The judge will then enter the Final Judgment of Divorce. This hearing typically only lasts a few minutes.
- Once the judge has signed the final divorce judgment, it becomes legally final. You can obtain certified copies of the judgment through the New Jersey Superior Court Clerk’s Office.
How Long Does an Uncontested Divorce Take in New Jersey?
Most uncontested divorces in New Jersey are finalized within 3 to 6 months, depending on the court’s schedule and how quickly the paperwork is completed. It is important to have an experienced attorney who can help prepare accurate and complete documents from the beginning to minimize the chance of delays or rejections.
Why Work with an Attorney Even for an Uncontested Divorce?
Many couples assume they can handle an uncontested divorce without legal assistance. While this is technically possible, small errors in the terms of the MSA, asset valuation, or custody can lead to expensive disputes later. Attorney Lazaro Carvajal has more than 10 years of experience in family law and works closely with clients to create strong agreements that stand the test of time. Carvajal Law also helps clients with prenuptial agreements, which can simplify future divorce proceedings if circumstances change.
Schedule a Free Consultation with Carvajal Law Today
If you’re considering going through an uncontested divorce in New Jersey, it’s best not to navigate the legal process alone. Contact Carvajal Law for a free consultation to discuss your options.