How Long Will My Divorce Take?By Moskowitz Law Group, LLC |
A divorce can be a difficult and stressful process for all parties involved. Before filing for a divorce, it is common for the parties involved to want to know how long that process will take. Although this may seem like a simple question, the answer can be quite complicated and is dependent on a variety of factors.
The state of New Jersey has no waiting period for divorce if a couple has been married at least six months or if adultery has occurred. This six-month standard, also known as a “cooling-off period,” is meant to ensure that newlywed couples are sure of their intentions and do not rush into divorce. Additionally, a separation period is no longer required in New Jersey if one spouse claims that there are irreconcilable differences between the two.
The next determinant is whether your divorce is filed as “No-Fault” or “Fault-Based”. A no-fault divorce occurs when neither of the individuals takes the blame for the separation, while a fault-based claim for divorce centers around one party’s actions—such as adultery—allegedly causing the divorce. Filing a fault-based divorce usually slows down the divorce process, since you must attend a hearing or trial and must prove that the aforementioned fault-based action occurred.
Certain marital and financial matters can also affect how long your divorce may take. If a couple has a multitude of assets or has complex and specific requirements for visitation of children, for instance, their divorce would likely take longer. The process could likewise be dragged out if one party attempts to hide assets so they cannot be equitably distributed.
When both sides are fully cooperative and transparent throughout the process, the case moves much faster throughout the court system. All that is required of the judge is a relatively straightforward check of the divorce papers to make sure everything is in order. If there are no issues, then the judge can grant the divorce.
When either of the spouses is not fully cooperative, on the other hand, the divorce will typically drag out. One way this can happen is when a party attempts to avoid being served the divorce papers.
In summary, it is important to remember that all divorce cases are unique, and there is no set-in-stone timeframe that tells you how long your divorce will take. For specific questions regarding your divorce, do not hesitate to contact Moskowitz Law Group. Our attorneys are trained and experienced in divorce cases and might be able to help you simplify this difficult process.