Online Divorce in New Jersey
For those seeking an inexpensive divorce in the state of New Jersey, online divorce is an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy on you. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file your divorce in New Jersey.
Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and stress-free. Even though New Jersey has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.
If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out and why should you spend money on lawyers? Online divorce is often cheaper, quicker and easier.
Online divorce can be a perfect option if you want to save money or if you hope to have your divorce quickly finalized so you can get on with your life. Preparing documents for divorce online in New Jersey is quickly becoming very popular because you can complete the documents in the comfort of your home. Even if you think your case is too complex because you have children, own your own home or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.
Finally, you don’t have to worry - our process is 100% secure. We protect your information and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in New Jersey with the Onlinedivorce.com system can be a simple solution to a difficult situation.
When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In New Jersey, you will typically file with the courthouse in the county in which you currently reside. If a petitioner is not currently a resident, but a defendant is, divorce is typically filed in the county where the defendant resides.
The actual filing process is explained in our detailed court-filing instructions that we provide along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.
After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.
Every state has specific requirements where divorcing couples must establish residency within the state they are divorcing. New Jersey is no exception.
In New Jersey the divorce may be filed for in any of the following:
One of the spouses must be a resident of the state for at least one year before filing for divorce or
The cause for divorce is adultery and it took place in New Jersey plus one of the spouses must have been a resident--though there is no set time period in this case.
The divorce can be filed for in any county within the state. [New Jersey Statutes Annotated; Title 2A, Chapters 34-8 and 34-10].
Valid grounds to get divorce in New Jersey
Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of New Jersey. Grounds are merely the reason for divorce, and the state must approve them.
No-fault reasons for divorce in New Jersey include:
Living separate for at least 18 months and no reasonable expectation of reconciliation. [New Jersey Statutes Annotated; Title 2A, Chapter 34-2].
General reasons for divorce in New Jersey include:
Imprisonment for a minimum of 18 months;
Deviant or unnatural sexual behavior;
Alcoholism or drug addiction;
Institutionalism for incurable insanity;
Abandonment for one year;
Separation for at least two years caused by mental illness; and
Extreme cruelty. [New Jersey Statutes Annotated; Title 2A, Chapter 34-2].
Please note that some of these reasons for divorce will require proof in the court, making them a bigger challenge than others.
Custody of the child in New Jersey
Sole or joint legal or physical custody can be awarded for divorce cases in the state based on the following factors:
- The overall physical, emotional, mental, religious, social and other needs of the child and
- The preferences of the child, if the child is deemed to be of sufficient age and maturity.
No preference for child custody is to be given because of parent’s gender. It is important to note that a father may not forcibly take a minor child in any case from a mother’s actual physical custody. [New Jersey Statutes Annotated; Title 2A, Chapter 34-23 and New Jersey Case Law].
In some cases, custody can be set up as a short-term solution to be revisited at a later date if the family or living situation is expected to change dramatically.
Rules for child support in New Jersey
Child support is designed to make sure the children of divorcing parents will have access to the same level of care and lifestyle that they had before the divorce took place. Child support is not meant to be punitive in nature. New Jersey has put into place specific state-mandated child support guidelines which apply in almost every case, barring exceptional circumstances. With this, both parties’ gross incomes and certain child related expenses are considered when calculating the child support obligation. In the majority of cases, child support payments continue until the child reaches eighteen years of age, and they can extend until the completion of the child or children’s secondary education.
The court may award child support for the care, maintenance, and education of any children of the marriage. The factors considered in these cases include:
- The needs and personal debts of the child;
- The standard of living enjoyed during the marriage;
- The financial resources, needs, and obligations of both parents;
- The earning ability of each parent, to include educational background, training, employment skills, work experience, custodial responsibility for the children, cost of childcare, and the length and cost of education and training to obtain employment;
- The needs of the child for education, including higher education;
- The current age and health of the child and the parents;
- The income, assets, and earning ability of the child, if applicable;
- The responsibility of the parents for supporting others; and
- Any other relevant factors.
There are specific New Jersey Supreme Court child support details which are contained in New Jersey Civil Practice Rules, Appendix IX. [New Jersey Statutes Annotated; Title 2A, Chapter 34-23].
Filing fees for divorce in New Jersey
When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.
how long will it take
The use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of your case. You’ll start filling out the questionnaire immediately and can either complete it in one sitting, or you can save your progress and complete it at a later date if that is more convenient for you.
Once you’ve gotten the documents complete, you will need to file them and get your spouse’s signature. You’ll have more information regarding the finalization of your divorce case once you complete your paperwork and submit it with the clerk of courts.
Frequently Asked Questions
Can I really file for divorce in New Jersey without a lawyer?
In New Jersey, like in other US states, the spouses are eligible to file a Pro Se divorce, which means a do-it-yourself divorce without legal representation. However, the procedure the person should follow to file for divorce in New Jersey is the same regardless of whether the parties proceed as self-represented litigants or seek attorneys' help.
Although DIY divorce without a lawyer is a legit option, legal experts usually do not recommend the spouses who contest the case to arrange such a do-it-yourself divorce due to higher risks associated with high-conflict divorce cases. Pro Se divorce is typically more suitable for those couples who do not have huge assets, marital property, and minor children, or at least have an agreement containing the terms and conditions that apply to their separation.
Besides, those couples who do not want to hire a lawyer for their uncontested case can take advantage of other divorce options and services to settle particular matters amicably and at a lower cost. For example, they can use OnlineDivorce.com to complete their divorce forms, participate in mediation sessions to resolve all the child-related issues out-of-court, hire an appraiser to divide the marital property, etc.
How can I file for divorce in New Jersey without a lawyer?
A divorce procedure in New Jersey includes several mandatory steps for all couples, regardless of the type of divorce and other peculiarities of a specific case.
To start a divorce process, the spouse initiating the case (called the petitioner, or plaintiff) has to complete and file the Complaint for Divorce along with other legal forms with the Family Division of the Superior Court and pay a court filing fee.
Once the petition is filed, the plaintiff shall serve the second spouse (called the defendant) with copies of the Complaint and the Summons, following the rules of civil procedure. Thus, the plaintiff must deliver the copies of papers to the defendant within 30 days of the date of filing with the help of the Sheriff's Office, by hiring a private process service, or via certified mail. Along with other papers, the Acknowledgement of Service form and the receipt from the process server must be submitted.
After the defendant responds to the Complaint, the couple can wait for the final hearing's date to be scheduled. New Jersey laws do not require a waiting period for issuing the divorce.
How much does it cost to get an uncontested divorce in New Jersey?
The cost of divorce in New Jersey is hard to predict without considering the particular divorce case, so there is no single answer to this question.
Since lawyers' fees often make up the lion's share of the expenses for a divorce, a lot depends on whether the parties contest the case and hire full-service attorneys.
If the spouses do not seek attorneys' help, the divorce cost may also vary, depending on what other services they use and what legal aid they get. Plenty of options are available, from free online legal advice to marriage counseling, family therapy, unbounded attorneys' services, and other specialists' help, which can be rather expensive. Thus, an uncontested divorce is not a panacea for getting a low-cost divorce, but the spouses have broad discretion in managing their expenses and choosing the most comfortable options.
How long do you have to live in New Jersey to file for divorce?
The couple must foremost meet New Jersey residency requirements to start a divorce procedure within the state.
According to the New Jersey Revised Statutes, either spouse must be a resident of the state for at least a year before filing the Complaint for Divorce with the Superior Court's Family Division.
The only exception is divorces based on the fault ground of adultery. In such cases, there is no need to comply with the residency requirement if either party currently lives in New Jersey.
How long do you have to respond to divorce papers in New Jersey?
New Jersey laws do not require any waiting period after a divorce complaint is filed. Therefore, the length of the divorce procedure can largely depend on how quickly the defendant answers the divorce documents.
Once served with the papers, the defendant has 35 days to file a Response.
If the defendant does not respond to the Complaint for Divorce within this period, the plaintiff can ask the court for a default judgment.
How do you get a free divorce in New Jersey?
The cheapest possible way to get divorced in New Jersey is to arrange a divorce without a lawyer and other paid legal aid or services. However, the plaintiff still has to pay the mandatory court filing fee.
The plaintiff has the right not to pay a court filing fee only if they cannot afford these fees and can prove it to the court.
The plaintiff must file the Fee Waiver form, and if the court finds that the request is fair and reasonable, it issues an order exempting this person from paying court filing fees.
What papers do I need to file for a divorce in New Jersey?
Even though the legal forms required for each divorce case may slightly vary, the basic package of divorce forms the spouses must file in New Jersey typically includes Complaint for Divorce, Summons, Matrimonial Case Information Statement, Civil Case Information Statement, Answer, Appearance, Property Settlement Agreement, Certification of Service, Final Judgment of Divorce.