Divorce is a legal process that terminates a marriage. Because a marriage is legally binding, the divorce process requires several important steps before it can be made official. If you are filing for divorce in New Jersey, it is important that you understand these steps and what is required of you before the divorce can become final. To learn more and secure knowledgeable representation, reach out to a Sussex County, Sparta divorce attorney at Paris P. Eliades Law Firm, LLC today.
When Does a Divorce Become Final in NJ?
Divorce is often a drawn-out and emotionally devastating experience, so it makes sense to want it to be over with as soon as possible. However, there are many required steps that must be taken to ensure the process runs smoothly.
The process begins when one spouse files the Complaint for Divorce with the court. This document outlines the legal grounds for divorce and the terms that the filing spouse is requesting regarding relevant issues like property division, alimony, child custody, etc. The papers are then served to the other spouse, who has 35 days to file an official response.
The court will hold a case management conference or hearing where the judge will set a discovery period to exchange information necessary to resolve the case. Next, the important topics will be addressed by the spouses on their own, through mediation, or in front of a judge at the settlement conference.
The judge will enter a Judgment of Divorce outlining the terms for custody, visitation, division of property, allocation of debts, child support, and alimony. Only after all of these steps have been completed can the divorce become final. A divorce is finalized upon the entry of the final decree.
How Long Does it Take to Resolve a Divorce?
Divorces in New Jersey can vary in length depending on the details of the situation. If the divorce is uncontested, meaning that both spouses are in agreement on all topics, and there are no delays, the relationship could be terminated in approximately 6 to 8 weeks at the shortest. Most divorces will take longer than this, on average, approximately 10 to 12 months.
6 weeks is significantly shorter than 10 to 12 months, so why do some divorces take so much longer than others? Below are some of the most important factors contributing to the length of a divorce.
- Whether the terms are contested or uncontested
- Whether the spouses settle outside of court or need to go to trial
- Whether the spouses share minor children
- The amount and value of assets shared by the spouses
- How willing either spouse is to cooperate with the other
- Court schedules and backlogs
- Administrative delays
Every divorce is unique, so there is no telling the exact time it will take to resolve. For more information and legal advice, reach out to a skilled family lawyer today.