Filing for Divorce in NJ?
Fault & No-Fault Divorce in New Jersey
At Lori Cieckiewicz, P.C., we represent clients going through a divorce to help them mend family relationships and move forward with their lives. If you are considering divorce or are going through it, contact our firm. Our legal team offers solid advice and guidance to help you resolve issues and get through the process with as little stress and damage as possible.
Call (201) 561-8441 to get your divorce started!
Mediation, Arbitration, Collaboration, or Litigation?
There are several options for couples to obtain a divorce. Mediation is required in New Jersey, so couples must attempt to resolve issues through mediation when it is possible. The collaborative law approach uses communication and cooperation to reach agreements regarding property division, child custody, and other issues. These methods are generally less stressful, less time consuming, and more cost-effective for our clients.
We help clients resolve issues, such as:
Unfortunately, mediation and collaboration are not possible in every situation. These methods are often not the best option in contested divorces or situations when divorcing spouses cannot reach an agreement or communicate and litigation is necessary.
We stand ready to take your case to trial. We properly prepare your case and give you reliable advice about what is most likely to happen in court.
Helping Clients Pursue the Best Divorce Process for Them
At Lori Cieckiewicz, P.C., we will stand by you and guide you through the entire process. We offer personalized attention and straightforward advice to help you make important decisions that will impact your life and the lives of your children in the future.
Contact our Jersey City divorce law firm today at (201) 561-8441 to arrange a consultation.
New Jersey Divorce FAQ
What Are The Grounds for Divorce in NJ?
In New Jersey, there are two classifications of the grounds for divorce: no-fault divorce grounds and fault divorce grounds.
- No-Fault Divorce in NJ – No grounds are needed to file for divorce. Both parties have simply agreed that the marriage is irreparable and neither party is accepting or placing blame.
- Fault-Based Divorce in NJ – Fault is not required in New Jersey, but spouses still have the option to file for divorce based on a pre-determined list of grounds for a divorce.
For fault-based divorce in New Jersey, the grounds include:
- Atypical sexual behavior
- Habitual drunkenness or drug use
- Extreme cruelty, either physically or mentally
- Irreconcilable differences that have existed for six months or more
How Do I File for Divorce in New Jersey?
First, you should consult an attorney from our firm if your situation qualifies for a no-fault or fault divorce.
As soon as we have determined the grounds for divorce or have chosen a no-fault divorce, we proceed to file the necessary documents such as:
- File a Complaint for Divorce
- Serve Divorce Summons
- Certification of Insurance Coverage
- Certification of Notification of Complementary Dispute Resolution
- Family Part Case Information Statement
- Confidential Litigation Information Sheet
We then submit this forms to the New Jersey County Clerk’s Office in your county. If you wish to serve the Complaint and Divorce Summons to your spouse, then you are free to do so. However, you may also opt to have a third party serve the papers to your spouse. As soon as your spouse signed all the necessary document, we then proceed to the negotiation of terms and the discovery phase.
What Are My Next Steps If I Have Been Served Divorce Papers?
If you have been served divorce papers by your spouse, you have 35 days to respond. Do not ignore these served as a default can be entered against you. During this time, we recommend that you seek a Jersey City divorce attorney to help you understand why you are being served divorce papers and what your next steps are.
Do I Really Need to Hire an Attorney to Get Divorced in New Jersey?
Having a skilled attorney on your side increases your chance of being able to advocate your best interests and protect your children and assets. We will also help you understand your rights so you would have a better idea on what to negotiate or not.
Is There a Way to Divorce Without Involving The Court?
At Lori Cieckiewicz, P.C., we have a court-qualified family law mediator, arbitrator and a collaborative law attorney who can help you and your spouse settle all important matters without the need for a judge to decide. However, this will only be successful as long as both parties are willing to work with each other.
New Jersey Uncontested Divorce
An uncontested divorce is when both parties agree on all terms of a divorce. This includes issues such as child custody, spousal support, and visitation. This type of divorce does not last nearly as long as a contested, with the duration of cases usually lasting several months. The paperwork involved is minimal when compared to a contested divorce, and there is usually no reason for mediation.
New Jersey Contested Divorce
If at least one party member disagrees with the terms of the divorce then it will become contested. A contested divorce may take longer due to the complex issues at hand. In addition, a discovery phase may be necessary to reveal any hidden assets. This is especially important for cases that are high-asset or for when transparency isn't equal for both sides.
How Long Does a Divorce Take in NJ?
The length of a divorce process depends on the specific situation you are in. If you filed for uncontested divorce and you and your spouse happen to agree on the settlement quickly, then your divorce should be finalized in about three to six months. If there are complexities surrounding your case, it can take longer, although New Jersey courts have mandated that no divorce should take longer than 12 months. We will work as diligently as possible to move your matter through to the end.