Divorce papers in New Jersey — filing for divorce in NJ

Online divorce in New Jersey

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How to get divorce in New Jersey

Online Divorce provides qualitative and approved by New Jersey courts divorce papers. The information below may help to understand more about the divorce in New Jersey. onlinedivorce.com provides quick and inexpensive services of online divorce in New Jersey .
The key conditions to get a divorce in New Jersey are:

1

Rules of the state use the terms “divorce” and “dissolution” interchangeably. Both words mean the same and it is a court process that ends the marriage. Thus, in order to dissolve a marriage, it must be recognized by the law of the state.

2

To terminate the marriage in New Jersey the residency requirements must be met. However, it does not matter which of the spouses resides in New Jersey, the main thing is to comply with the regulations of the state.

3

The grounds for divorce must be pointed out. As in most states, the reasons may be fault or no-fault. Filing for divorce based on the fault grounds means that these grounds must be proven before the court. Therefore, most of the applicants prefer to file for divorce in New Jersey on the basis of no-fault grounds.

4

The spouse who initiates the case has to fill out New Jersey divorce papers which depend on the type of the divorce and a number of circumstances. The process of filling out the forms may be rather complicated and time-consuming. Online Divorce in New Jersey may help to overcome this stage of divorce, by selecting and preparing all the needed forms according to the particular case.

5

Once the New Jersey divorce papers are ready, they need to be filed in the court. The copies should be sent to the non-filing spouse called the Respondent. And then the spouses may start waiting for a judge to consider the case and grant the divorce.

Residency:

To file a petition for a divorce in New Jersey, either spouse must reside in the state at least 12 months before filing to the court. Applying for divorce on the basis of irreconcilable differences means that the parties have experienced them at least 6 months before the application was filed or have lived separately without cohabiting and facts of reconciliation for at least 18 months.

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Valid grounds to get divorce in New Jersey

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No-fault grounds for divorce in NJ are the statement that there are irreconcilable differences that last at least 6 months between the parties, or the spouses voluntarily do not cohabit together for at least 18 months.


The fault-based grounds for divorce are:

#1

Adultery;

#2

Cruel treatment in the family or violence, and the claim for divorce must be filed in court no later than 3 months after the last act of violence;

#3

Dependence of the spouse on alcohol or drugs;

#4

Mental illness of the spouse, which lasts not less than 24 months after the marriage;

#5

If the spouse has committed a crime and was convicted during a marriage for a period of not less than 18 months, while after his or her release the couple did not cohabitate together;

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Annulment of the marriage in New Jersey

One type of terminating the marriage in New Jersey is an annulment. This kind of divorce is related to marriages, which never legally existed, they were concluded with violations of state conditions. There are limited grounds for filing for an annulment in New Jersey. They are the following:

  • Underage marriage (under 18 years;
  • During the marriage ceremony either spouse, because of mental illness or being under the influence of any intoxicating substances could not voluntarily give a consent to marry or did not understand what was happening;
  • Impotence;
  • The marriage committed by fraudulent or forced way;
  • Incestuous marriage.
  • Bigamy.
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Custody of the child in New Jersey

Custody of the child

New Jersey law declares that it is in the state’s public policy to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.

When making an award of custody, the court shall consider the following factors:

  • The parents’ ability to agree, communicate and cooperate in matters relating to the child(ren);
  • The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiate abuse;
  • The interaction and relationship of the child(ren) with the parents and siblings;
  • The history of domestic violence, if any;
  • The safety of the child(ren) and the safety of either parent from physical abuse by the other parent;
  • The preference of the child(ren) when of sufficient age and capacity to reason so as to form an intelligent decision;
  • The needs of the child(ren);
  • The stability of the home environment offered;
  • The quality and continuity of the child(ren)’s education;
  • The fitness of the parents;
  • The geographical proximity of the parents’ homes;
  • The extent and quality of the time spent with the child(ren) prior to or subsequent to the separation;
  • The parents’ employment responsibilities; and
  • The age and number of the children;

A parent shall not be deemed unfit unless his/her conduct has a substantial adverse effect on the child(ren).

Rules for child support in New Jersey

If the couple decided to get a divorce in New Jersey they should know that courts oblige parents to financially support their minor children. Usually state uses the Income Shares Model for calculating child support. In determining the amount to be paid by a parent for child support and the period during which the duty of support is owed, the court shall consider the following factors:

  • Needs of the child(ren);
  • Standard of living and economic circumstances of each parent;
  • All sources of income and assets of each parent;
  • Earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate employment;
  • Need and capacity of the child(ren) for education, including higher education;
  • Age and health of the child and each parent;
  • Income, assets and earning ability of the child(ren);
  • Responsibility of the parents for the court-ordered support of others;
  • Reasonable debts and liabilities of each child and parent;
  • Any other factors the court may consider as relevant;
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Rules for spousal support in New Jersey

Rules for spousal support

In case of divorce in New Jersey the court may order either spouse to pay the alimony to another spouse if he or she needs financial support. The alimony can be of several types: permanent alimony, rehabilitative alimony, limited duration alimony or reimbursement alimony to either party. In NJ, the court may make its decision regarding the type of alimony and duration of payment on the basis of the following:

  • Duration that the marriage lasted for.
  • Living standards of the spouses and their educational, professional, and social needs.
  • Time required by the spouse to get the necessary education and skills for employment.
  • Ages as well as the health conditions of the spouses.
  • Absence of either of spouses from the job market.
  • Tax effects on either of the spouses after the division of property.
  • Retirement benefits and insurances.

Property division in New Jersey

Property division

As in many states, when divorced in New Jersey, the rule of equitable distribution operates. That is, it means that the joint property will be divided fairly but not necessarily equally. The court considers many factors when deciding on the division of property.

Divorce without a lawyer in New Jersey

Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". A divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it may be rather convenient to initiate the Pro Se Divorce.

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Offline process with attorney representation for each spouse. Costly attorney fees resulting in unpredictable expenditure. Overall lenghty and expensive way to go.
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Websites for filling out divorce documents. Use software technonlogies to complete your divorce documentation.
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Mediation support in New Jersey

Courts during the divorce in New Jersey do not provide formal service of mediators. However, the spouses can voluntarily invite the mediator to settle any differences that arise during the divorce process.

Divorce forms in New Jersey

There are various divorce forms & documents in New Jersey but the basic one is Complaint for Divorce, which is filled in any case. The additional forms typically depend on the type of divorce and the other circumstances of the case. Some of the needed documents can be found online.

Uncontested divorce in New Jersey

Uncontested divorce in New Jersey

One way to dissolve a marriage in New Jersey is an uncontested divorce. It is believed that this is one of the fastest ways to stop a marriage. The essence of this type of divorce is that the spouses have come to a decision on all the key points of divorce. These include:

  • Custody of the child,
  • Financial support for the child, including the costs of his or her education, health insurance, other medical issues,
  • Alimony,
  • The division of property: real estate, assets and liabilities,
  • Other important factors that may arise in the process of divorce.

Divorce in New Jersey can be accelerated because there is a special staff rule that allows reducing the process over time. It works if all of the following factors are true:

  • there are no disputes about the incomes of spouses, the value of assets and liabilities,
  • The duration of marriage was not more than 5 years,
  • There was no pre-trial process or it was short-term,
  • The spouses in divorce form documents issued their agreement on the decision regarding the division of property,
  • Both sides agreed on all matters relating to divorce in New Jersey.

How to serve divorce papers in New Jersey

The rules of the state of New Jersey oblige the Petitioner to provide copies of the divorce forms to the other spouse. Serving the spouse with the divorce paperwork is possible by handing the forms to the spouse personally receiving the signed confirmation of the delivery or using the Sheriff's service. 

After the Respondent receives the documents, he/she has 35 days to put forward any disputes or to agree for an uncontested divorce.

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Filing fees for divorce in New Jersey

The total cost of a New Jersey divorce is typically unpredictable as if it depends on the type of a divorce. For example, the cost may contain a sum of New Jersey court filing fees and cost of using the service of online divorce in New Jersey. This cost may vary by county.