How to File for Uncontested Divorce in New Jersey

Most people are unaware that over 90% of divorce lawsuits, even if they start contested, end in a settlement agreement between the parties. Generally, it is simpler and less expensive for parties to agree to the terms of a divorce rather than leave the matter up to the court. Agreement upfront before a divorce filing through an uncontested divorce can make divorce even easier.

This article will explain the nature of an uncontested divorce and New Jersey uncontested divorce law. If you still have any questions after reading this article or would like to file for an uncontested divorce, you should consult with an experienced divorce attorney.

TIP: Click here for the complete guide to filing for uncontested divorce.

Uncontested Divorce in New Jersey Defined

Like many states, New Jersey wants to facilitate speedy and inexpensive divorces for spouses who are willing to separate on amicable terms. Not only are uncontested divorces less expensive for divorcing spouses, New Jersey realized that over 95% of divorce cases eventually settle. Judicial resources are conserved by early settlements, which make uncontested divorces attractive for everyone involved.

Uncontested divorce in New Jersey is known as divorce by settlement agreement. As explained above, many divorces that begin contested eventually settle, but the settlement process can start from the beginning. This results in a fast and inexpensive uncontested divorce process.

Requirements for Seeking a New Jersey Uncontested Divorce

To file for uncontested divorce in New Jersey, the filing spouses must meet certain requirements. Any questions about these requirements can be answered by an experienced New Jersey divorce attorney or family lawyer.

The first step to seeking an uncontested divorce in New Jersey is satisfying the state divorce residency requirement. Either spouse must have been a resident for at least one year prior to filing an action for divorce. The residency waiting period does not apply, however, if the ground for divorce sought is adultery.¹

Next, the grounds for divorce must be satisfied. New Jersey has eight at-fault divorce grounds for divorce, however, the best divorce ground for filing for an uncontested divorce is normally New Jersey’s no-fault ground:irreconcilable differences. To prove irreconcilable differences, the spouses must simply demonstrate that differences between the spouses have been causing an inevitable breakdown of the marriage. This breakdown must have resulted in the permanent separation of the spouses for at least the last six months. Divorce on the ground of irreconcilable differences also requires that there be no reasonable prospect of reconciliation.²

Finally, the spouses seeking a divorce must agree on the terms of the divorce. This is normally accomplished by the signing of a legally binding marital separation agreement. These agreements are discussed in more detail below.

On Spousal Support and Separation Agreements

When spouses sit down to discuss the terms of their divorce, it is often beneficial for the spouses to sign a legal marital separation agreement(also known as property settlement agreements). A separation agreement is NOT a formal divorce. A separation agreement is a contract between spouses that lays out their agreement and terms of their separation. A fully completed separation agreement can serve as the basis for an uncontested divorce, and may be helpful in filling out the required divorce paperwork. Prior to signing any separation agreement (or any contract with your spouse), you should have an experienced attorney review the terms of the contract for you.   

New Jersey has a strong policy supporting the creation of marital separation agreements; however, a court will only enforce a marital agreement if it is fair to both spouses. Additionally, neither spouse is allowed towaive a right to child support if such a right would exist without a separation agreement. In general, marital separation agreements must include provisions for the following issues involved in the divorce:

• Payment of and responsibility for marital debts;
• Division of marital property;
• Disposition of the marital home;
• Child custody and visitation;
• Child support;
• Alimony (also known as spousal support);
• Payment of child’s health and education expenses; and
• The division of retirement benefits and life insurance.

The Process for Filing for an Uncontested Divorce in New Jersey

Once you and your spouse have decided to file for an uncontested divorce, the general flow of the process is as follows:

1. This step is optional, but you should begin by consulting a family law attorney who can either answer any questions that you may have, or who can help you file your divorce paperwork properly.
2. If you are proceeding with your uncontested divorce filing without the help of an attorney, you must acquire the required divorce forms. Legal services of New Jersey, a reputable legal non-profit organization, has prepared a divorce self-help packet that provides basic instructions on divorce filings and basic divorce forms. The packet is available on their website.³
3. Next, you and your spouse should sit down and draft a marital separation agreement that determines the terms of the divorce.
4. Once you and your spouse have agreed on the terms of the divorce, you should prepare a complaint for divorce and summons. File the divorce complaint with the matrimonial clerk in the Superior Court that sits in the county in which either spouse has satisfied the state’s one-year residency requirement.
5. After filing, the summons must then be served with a copy of the complaint on the non-filing spouse. The non-filing spouse must then submit an answer agreeing to the terms of the divorce laid out in the complaint and marital separation agreement. Once the paperwork is fully filed and delivered, check with the court regarding a hearing date.
6. If the couple has a minor child that would be affected by the divorce, New Jersey law requires the couple to attend a Parent’s Education Program, which is designed to teach parents how to raise children in divorce situations.
7. At your finalhearing, the judge will order a judgment for divorce, which finalizes the divorce process.

Note: This article is not legal advice. Please consult a lawyer for your specific situation.

Resources:

1. N.J. Stat. § 2A:34-10.
2. N.J. Stat. § 2A:34-2.
3. Divorce in New Jersey, LEGAL SERVICES OF NEW JERSEY (2015)