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It's Over Easy New Jersey Online Uncontested Divorce

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Ellis Island, Jersey City, New Jersey, USA

How Divorce Works In New Jersey

The New Jersey divorce process gives divorcing couples the option of either a fault divorce or a no fault divorce. In a fault divorce, one spouse alleges wrongdoing on the part of the other spouse in the initial divorce form known as the divorce complaint, and then they must prove that wrongdoing in court. In a no fault divorce, both parties indicate that they mutually agree to end the marriage in the initial divorce documents. If a couple opts for filing a no fault divorce, they can expect to have a much simpler and less costly divorce case.

Divorcing couples can also choose between a contested divorce or an uncontested divorce in New Jersey, depending on whether or not they agree on issues like child support, child custody, alimony, and the division of marital assets. Contested divorce is much more costly and time-consuming than uncontested divorce.

Even in cases of no fault, uncontested divorce in New Jersey, the spouse who files the complaint for divorce is called the plaintiff, and the divorcing spouse who responds to the complaint is called the defendant. This does not necessarily mean that the plaintiff and defendant disagree about ending the marriage or the terms that might go into a marital settlement agreement. Rather, the plaintiff and defendant are simply responsible for filing slightly different divorce paperwork.

Uncontested divorce in New Jersey, unlike in most states, requires a fast and simple superior court appearance known as an uncontested divorce hearing. However, most of the divorce process can still be accomplished via an online divorce platform, and it is not usually necessary for either spouse to hire a divorce attorney. Parties undergoing a contested divorce can expect to spend much more time in court, and each spouse will usually need to hire an attorney. In addition to traditional divorce proceedings in court, couples filing for contested divorce may opt for collaborative divorce or divorce mediation, which tend to be more amicable processes. If you do not wish to retain a divorce lawyer but you have some questions, it is sometimes possible to pay for a little bit of a la carte legal advice from an attorney at a family law firm.

New Jersey is an Equitable Distribution State

Like most US States, New Jersey law divides marital property and debts according to the doctrine of “equitable distribution.” This means that the court begins with a presumption of a 50/50 split, but then makes a decision based on fairness, specific to the given parties and their divorce case. In an uncontested divorce, the divorcing couple simply tells the court how they would like to divide their assets, and the court will approve the proposed property settlement agreement before issuing a divorce decree. If you are undergoing a contested divorce and do not wish to leave this decision up to the discretion of the court, you may also try to reach a divorce settlement agreement with the help of attorneys or a divorce mediator.

How Long Divorce Takes in New Jersey

Unlike most states, New Jersey divorce law does not require a formal “cooling-off” period between the initial filing of the complaint and the final judgment dissolving the marriage. This means that there is no legal minimum amount of time that the New Jersey divorce process must take. However, if you are filing a no fault divorce, then you and your spouse must attest that at the time of filing, you have already been experiencing irreconcilable differences for at least six months.

New Jersey Grounds for Divorce

Couples filing for divorce in New Jersey must select from a list of ten possible grounds for divorce. Two of these grounds are considered no fault, and eight of these grounds allege fault on the part of one spouse. If you select one of the eight fault grounds, then you will be required to prove that fault in court. Proven fault does not usually impact how New Jersey courts divide marital assets, but there are rare exceptions. Fault is more likely to impact the court’s alimony decision. There is no practical reason for filing under fault grounds in an uncontested divorce, as the court will not be making any decisions regarding alimony or property.

New Jersey Child Custody

There are two kinds of child custody -- physical and legal. Physical custody addresses where the child is living and which parent is responsible for their daily care. Legal custody addresses how important decisions are made for the child regarding topics like healthcare, religion, and education. Physical and legal custody do not necessarily have to be split up the same way; in an uncontested divorce, parents can stipulate an arrangement that works for their family in their settlement agreement. New Jersey courts treat mothers and fathers equally when making custody determinations. In making these decisions, courts try to assess what arrangement is in the best interest of the child. While proving fault in a divorce is not usually a relevant factor for child custody, New Jersey courts occasionally do take such circumstances into account.

New Jersey Co-Parenting

For couples with kids, one of the most important aspects of negotiating a settlement agreement is developing a parenting plan. This plan will outline whether custody and parenting time will be shared equally, or if one parent will be the child’s primary caregiver. You can visit www.custodyexchange.com if you would like to see examples of common co-parenting schedules.

New Jersey Alimony

Alimony -- also known as spousal support or maintenance -- is money that the law requires one spouse to pay the other following the dissolution of their marriage. It is usually paid on a monthly basis, and it is completely separate from child support. New Jersey law provides for four different types of alimony, which are deemed appropriate depending on the duration and circumstances of the marriage and divorce: open durational alimony, limited duration alimony, rehabilitative alimony, and reimbursement alimony. In an uncontested divorce, the parties may negotiate alimony however they wish. Otherwise, the court will make a determination at their discretion, considering factors like each party’s need and ability to pay, the length of the marriage, each party’s earning capacity, and each party’s contribution to the marriage. Usually New Jersey courts will not take fault into consideration in making alimony decisions.

New Jersey Residency Requirements

New Jersey has an unusually stringent residency requirement for divorce. In order to file for divorce in New Jersey, at least one spouse must have been a resident of the state for a full year prior to filing. However, in cases of adultery, there is no time requirement; one spouse must simply be a current resident of New Jersey.

WHAT YOU NEED TO KNOW

New Jersey Divorce & Coronavirus

On June 22, New Jersey courts resumed some in-person court services, but as many matters as possible are still taking place via phone and videoconference. Different counties in New Jersey are responding to the COVID-19 pandemic in slightly different ways, and you can visit your local court website for the most precise and up-to-date information regarding health precautions for in-person services. There may also be court delays associated with the current public health crisis. If you opt for an online divorce with It’s Over Easy, your divorce will for the most part be unaffected by COVID-19.

New Jersey State Courts

https://njcourts.gov

New Jersey Court Covid-19 Information

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New Jersey Divorce Courts

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