File for Divorce in Monmouth County, New Jersey (NJ) | Divorce in Monmouth County
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Divorce in Monmouth County

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Online Divorce in Monmouth County

divorce in Monmouth County

Please note: OnlineDivorce.com in Monmouth County, New Jersey, is a document preparation service, so it is not eligible to provide legal advice. All the information below is for informational purposes only.

Typically, spouses who want to arrange a simple, inexpensive, and quick dissolution process in Monmouth County refuse a traditional divorce trial and file for an uncontested divorce.

An uncontested process can be the easiest way to get a divorce in Monmouth County, NJ, if the spouses can reach an agreement on such matters as property division, child custody, alimony as well as any other contentious issues.

An amicable uncontested procedure enables the couple filing for divorce on their own to use the assistance of online services like OnlineDivorce.com. OnlineDivorce.com has already helped thousands of couples to proceed without a lawyer, saving them time and money.

As a document preparation service, OnlineDivorce.com offers a fast and easy way to avoid unnecessary costs associated with hiring an attorney as well as the stress associated with gathering and completing all the needed legal forms without any assistance. OnlineDivorce.com is a golden means between these two options, which allows filling out divorce papers in Monmouth County in the shortest terms, at an affordable price, and without even leaving home.

When preparing the unique paperwork kit for each user, this service takes into account the Family Law of the state, local rules of each county, and the individual circumstances of each case to ensure that the court will approve the paperwork with no problems or delays.

Within a couple of days after logging into OnlineDivorce.com, the spouses can receive a completed package of printable forms. Just print them, sign them, and apply for divorce in Monmouth County. It’s that easy.

Online Divorce in Monmouth County is a cheap alternative to using a lawyer's help in an uncontested case. Step-by-step instructions provided by Online Divorce make the system easy-to-navigate, and qualified customer support is always available to answer the customers' questions.

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Valid grounds to get divorce in Monmouth County

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In Monmouth County, New Jersey, both fault and no-fault grounds for divorce are recognized.

Fault-based grounds imply that one of the parties is to blame for some form of marital misconduct which is pointed out in the petition for divorce. It is not enough to just testify the wrongdoing, so all fault-based grounds must be proven before the court.

According to the NJ Revised Statutes, Sec. 2A:34-2, fault-based grounds for divorce in New Jersey include:

  • Adultery
  • Cruelty, domestic violence
  • Willful abandonment for at least one year
  • Drug/alcohol addiction
  • Institutionalization for mental illness/insanity for at least two years
  • Imprisonment for at least 18 months
  • Deviant sexual behavior (without the partner’s consent)

Irreconcilable differences that have caused the breakdown of the marriage for six months with no reasonable prospect of reconciliation, as well as separation (living separate and apart without cohabitation) for at least 18 months, allow for obtaining a no-fault divorce in Monmouth County. These grounds for dissolution do not have to be proved because it is assumed that no one is to blame.

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Custody of the child in Monmouth County

Custody of the child in Monmouth County

In Monmouth County, NJ, like in most counties, divorce with children involved must be decided following the best interests of the child.

In general, two types of custody can be distinguished - physical and legal.

Physical custody determines with whom the child lives and spends most of their time.

Legal custody refers to the decision-making powers concerning important aspects of a child’s life.

It is presumed that the ability to spend time with and maintain a close relationship with both parents is good for the child unless there is evidence to the contrary (any cases of domestic violence, abuse, etc.), therefore, joint custody is allowed in New Jersey.

Joint custody in a divorce in Monmouth County means that both parents reach an agreement concerning important decisions associated with the child (education, medical care, travels, and so on) and that both parents spend more or less equal time with the child. A child may alternate between the parents’ homes, but it is not compulsory.

Sole custody implies that one of the parents is the primary custodian, and the other parent will have visitation rights according to the agreed parenting schedule.

Since every dissolution case is unique, when deciding on child custody, the court considers many factors in order to determine the best interests of the child in each particular situation.

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Rules for child support in Monmouth County

Child support in a divorce in Monmouth County, NJ, is a court-ordered payment, usually paid by the non-custodial parent, which is needed to help the primary custodian with expenses related to raising the minor child (up for 18 years old).

In New Jersey, the details of child support are determined by using the New Jersey Child Support Guidelines.

The amount of child support is typically calculated by the court with the help of the New Jersey online support calculator which takes into consideration factors such as:

  • both parents' income;
  • medical insurance costs;
  • daycare expenses;
  • any applicable Social Security benefits;
  • living arrangements of the children;
  • and other relevant factors.

Rules for spousal support in Monmouth County

Rules for spousal support in Monmouth County

In a divorce, in Monmouth County, New Jersey, alimony, or spousal support, is a regular payment that should be made from one spouse to the other party who has a lower income or, for some reason, cannot become financially self-sufficient right after the termination of the marriage.

According to the NJ Revised Statutes, Sec. 2A:34-23, one of four types of alimony may be awarded depending on the circumstances:

  • Limited duration alimony - This type of alimony means support for a limited time so that the receiving spouse can maintain the marital standard of living for some time after a separation.
  • Rehabilitative alimony - This type of alimony is designed to help the recipient to get education or training to achieve appropriate employment.
  • Reimbursement alimony - This is a certain amount meant to pay back the spouse who supported the education of the other spouse.
  • Permanent alimony - This type of alimony is quite rare, and may be awarded only in case of long-term marriages after the court considers a lot of factors of the particular marriage.

For marriages ending in divorce after less than 10 years, alimony isn’t usually awarded for long periods. For marriages that lasted less than 20 years, alimony cannot be awarded for longer than the duration of the marriage itself, unless there are exceptional circumstances.

Uncontested Monmouth County divorce with children

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Property division in Monmouth County

Property division in Monmouth County

To understand how property is divided in a divorce in Monmouth County, it is worth knowing that New Jersey follows the principle of equitable distribution of marital assets.

This means that all the marital property may be divided either 50/50 or not if the court, after weighing the numerous factors, concludes that unequal division represents each party’s interests more fairly.

So, in order to determine the fair division of property, the court usually considers the following factors, provided in the Sec. 2A:34-23.1 of the New Jersey Code:

  • The length of the marriage
  • Each spouse's age and health
  • Each spouse's income, earning capacity, separate property, economic circumstances
  • Any debts or liabilities of the parties
  • The standard of living maintained in a marriage
  • Each spouse's contribution to the couple's marital property (including a non-monetary contribution as a homemaker)
  • The tax consequences of the proposed distribution to each party
  • The need of a parent who has physical custody of a child to own or occupy the marital residence
  • Any written agreements between the parties on how to divide assets (like a prenuptial agreement)
  • Other factors the Monmouth County Family Court may deem relevant

Along with it, separate property of either party, including property owned before marriage or after filing for divorce in Monmouth County, as well as personal gifts and inheritances, is not subject to division within the equitable distribution model.

Mediation support in Monmouth County

When spouses apply for divorce in Monmouth County, they may seek the help of a mediator to settle their differences out-of-court.

During a divorce mediation session, the spouses do not compete, but rather cooperate, to write up a mutually beneficial Settlement agreement or Parenting plan and avoid litigation. Mediation is usually a voluntary process in New Jersey for couples without children.

However, under New Jersey Statutes Annotated 2A:34-12.3, the courts require spouses who have children to attend a parenting class before a final Divorce Decree is ordered. Each spouse typically participates in a separate program.

How to file for divorce in Monmouth County | Step-by-Step

1

Foremost, the couple has to meet New Jersey Residency requirements. Under the New Jersey Revised Statutes Sec. 2A:34-10, to be eligible to file for divorce in Monmouth County, New Jersey, either party must be a resident of the state for at least a year before the commencement of an action.
However, there is an exception. If a dissolution case is based on the fault ground of adultery, there is no time limit if at least one of the spouses currently resides in New Jersey.

2

According to NJ Revised Statutes, Sec. 2a:34-8, the Superior Court shall have jurisdiction of the dissolution of the marriage in New Jersey. To start the process, the petitioner has to file the Complaint for Divorce and other required initial divorce forms with the Family Division of the Superior Court in Monmouth County.

3

The plaintiff has to make at least three copies of all divorce documents and leave one copy with the court.

4

After filing the petition, the plaintiff should decide how to serve divorce papers to the spouse. In Monmouth County, serving divorce papers means delivering copies of the Complaint and the Summons to the defendant within 30 days of the date of filing. It may be accomplished:

-  with the Sheriff's Office assistance (the additional fee is charged);

-  directly or via certified mail (the Acknowledgement of Service form must be completed as evidence of the service process);

-  or by hiring a private process service (the Acknowledgement of Service form and the receipt from the process server must be submitted).

5

After the defendant is served with the papers, following the NJ divorce timeline, he or she has 35 days to file a Response. If the defendant fails to respond to the Complaint within this time frame, the plaintiff can request a default judgment. New Jersey Family Law does not provide any mandatory waiting period for granting the divorce after the papers are filed.

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Contested Divorce

Average prices start at $2000

Offline and inconvenient process with attorney representation for each spouse. Costly attorney fees resulting in unpredictable expenditures. Overall lenghty and expensive way to go.

  • Attorney availability impacts completion time
  • Each spouse has to hire an attorney, which automatically doubles legal fees
  • Potential court battles adding to already high stress levels
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Average prices start at $300

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Filing fees for divorce in Monmouth County

How much a divorce can cost in Monmouth County depends on many factors. However, the court filing fee charged at the moment of filing for divorce is mandatory for all couples, except for those qualified for a fee waiver due to financial hardship. To apply for a waiver you will have to disclose financial information as evidence.

In Monmouth County, the filing fee is $300. An additional $25 may be charged for the parenting class if the spouses have minor children.

How long will it take?

How long it takes to finalize a divorce in Monmouth County usually depends on whether the spouses agree on the essential terms of their separation, like child custody, alimony, and distribution of the property. If both parties agree to terminate the marriage, it can take as little as 6 to 8 weeks from the date of the filing of the papers. For couples that reach a settlement agreement, the average divorce takes about four months. Contested proceedings may last a year or more.

Filing for divorce in Monmouth County | Frequently Asked Questions

How much does a divorce cost in Franklin County?
The cost of dissolution in Monmouth County starts with a court filing fee. The other expenses may vary greatly depending on the circumstances of the case. Since there are lots of dissolution options from an inexpensive do-it-yourself divorce to a costly court trial, it all depends on whether the spouses can cooperate and arrange an amicable dissolution process.

How do you file for divorce in Monmouth County without a lawyer?
In Monmouth County, either person is eligible to file for divorce without legal representation. This is called a DIY divorce, which usually allows the spouses whose case is simple enough to save money. The most complicated issue of this procedure is drafting the paperwork on your own. That is why many couples use OnlineDivorce.com to prepare the divorce documents for them.

What forms are required for an uncontested divorce in Monmouth County?
The initial paperwork the plaintiff has to file with the court to start the case in Monmouth County, New Jersey, includes:

  • Complaint for Divorce
  • Certification Verification and Non-collusion
  • Certification of No Pending Proceedings
  • Certification of Insurance Coverage
  • Certification of Self-represented Litigant and Dispute Resolution Alternatives
  • Certification Regarding Redaction of Personal Identifiers

Can I file for legal separation in Monmouth County, New Jersey?
Unlike in many other states, in New Jersey, legal separation is an informal procedure which does not require a court proceeding.
In Monmouth County, a separation agreement is any legal document signed by both spouses, notarized, and stating the terms and conditions of the separation.

When is it allowed to remarry after a divorce?
In New Jersey, the spouses are eligible to remarry any time after the divorce is granted. The process is officially final when the judge issues the Final Judgment of Divorce.

Divorce in Monmouth County online

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Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet that is required by a local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, some local forms specific to a filing county can vary in color, paper material, size and / or scanning bar code so they may need to be obtained from the county clerk's office directly.
  • We complete the necessary forms for clients based on the answers they give in a simple guided online interview - clients do not need to read through the legal jargon and try to figure out how to fill out those forms yourself.
  • We give the detailed and easy to follow step-by-step instructions for filing a divorce with the court - so a client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email or live chat and we'll do our best to help.
  • We save time and money for our clients - if divorcing spouses are in agreement regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and they don't need to spend hours trying to do it all by themselves.
  • We guarantee 100% court approval on divorce papers prepared through our website or money back - we have 20 years of experience in completing divorce forms so clients can be sure the court will accept their documents with no issues.

Divorce Courts in Monmouth County, New Jersey

Monmouth County Family Court
Clerk Name:
Rosemarie Marinan-Gabriel
Court Address:
71 Monument Park, Freehold, New Jersey 07728-1266
Phone:
732-677-4304
Clerk Hours:
8:30am-4:30pm