How Long Does a Divorce Take in New Jersey?By Moskowitz Law Group, LLC |
Going through a divorce can be emotionally draining. You may be concerned as to how long it takes to finalize this process. While each case is unique, and there is no definitive timeline, this blog will provide an overview of the factors that influence the duration of a divorce in New Jersey.
Elements of Divorce
When discussing the duration of a divorce, you must consider two distinct time frames. First, the time it takes for an individual to become eligible to file for divorce, which varies depending on the circumstances. Certain types of fault-based divorce, such as adultery or abuse, may not have a waiting period, while others might have a more extended one. Once a Complaint for Divorce is filed, the court can grant a divorce as soon as all the participating parties complete the necessary paperwork and resolve the issues related to the divorce with a written settlement agreement.
Secondly, once the divorce process begins, the time it takes for the legal proceedings to play out. The legal proceedings of divorce require both spouses to reach an agreement on a series of issues. These may include terms for property division, alimony, child support, child custody, parenting time, and more. Understanding these two-time frames can help manage expectations during the divorce process.
Additionally, if the parties cannot settle their divorce with a written settlement agreement after going through all required divorce proceedings in Court, the Court will have to schedule a divorce trial. Thus, if the parties do not settle, the parties will have to wait for the trial to be and held and for the Court to issue its trial decision. If the case goes to trial, it will take much longer to become divorced. The Courts are currently suffering from a tremendous backlog in cases. Taking a divorce to trial can likely add over a year to the divorce process.
Uncontested vs. Contested Divorce Proceedings
In New Jersey, divorces are either uncontested or contested. Divorce is considered uncontested when the parties can agree on the terms of their division and sign a settlement agreement. When spouses cannot agree, a contested divorce involves taking their disputes to trial for a judge’s final decision. In most cases, the court process for uncontested divorces is significantly shorter than for contested divorces.
Factors That Affect the Duration of the Divorce Process
Factors that can slow down the divorce process include a high level of conflict between the parties, leading to the involvement of custody and financial experts and trial proceedings. Lack of cooperation or a refusal to participate in trial can also prolong the duration of the divorce. Furthermore, complex issues such as high net worth estates or intricate child custody matters may require more time to resolve.
Both parties’ cooperation and willingness to work together is one of the most significant factors in the duration of a divorce. The process can be expedited if both parties agree on the issues involved in their separation or are open to compromise and negotiation. A knowledgeable local divorce attorney can also provide valuable guidance throughout proceedings to simplify this process.
Call a New Jersey Attorney to Review the Details of Your Divorce Case
In New Jersey, the duration of a divorce depends on several factors, making it difficult to provide a precise timeline. Each divorce case is unique, and the duration will ultimately depend on the specific circumstances and the willingness of both parties to work toward a resolution. While some divorces are finalized in a matter of months, others may take up to or over a year, mainly when complex issues or disputes arise.
To navigate the divorce process as efficiently as possible, seeking the guidance of an experienced divorce attorney is crucial. Contact the Moskowitz Law Group today to schedule a consultation and learn how our experienced family law attorneys can help you file for divorce.