How long it takes to finalize an uncontested divorce depends on certain factors about the relationship and the unique circumstances of the situation. If you are filing for divorce work with a Sparta, NJ uncontested divorce attorney to learn more about your rights and the legal process ahead.
What Are the Major Issues in a Divorce?
When two people are married, especially for many years, their lives become extremely intertwined. If they decide to end their relationship they must figure out a way to untangle their lives from one another. Many topics must be addressed but the main issues that must be dealt with when filing for divorce are as follows.
- The division of assets
- The division of debts
- Alimony
- Child custody
- Child support
Whether the couple agrees on these issues or a judge rules on them, a divorce cannot be finalized until the above issues are sorted. It is important to note that child custody and support are only relevant when the couple shares minor children.
What is an Uncontested Divorce?
When one spouse files for divorce the papers are served to the other spouse. The documents they receive will contain the official petition for divorce and an outline of the major topics that must be addressed. The filing spouse will include their desires for how they wish the marital property to be divided, how much they receive or pay in alimony, etc.
If the other spouse does not see any issue with the proposed agreement, they can sign and return the papers without argument. This enters them into an uncontested divorce. In an uncontested divorce, both spouses agree on the major topics, and neither feels the need to contest any part of the settlement.
How Long Does it Take to Resolve an Uncontested Divorce in NJ?
Even in an uncontested divorce where couples can avoid negotiations, mediation, and litigation, there are still several necessary steps to finalizing a divorce. Put very simply, the process for an uncontested divorce is as follows.
- File the petition
- Serve the spouse
- The spouse responds
- Schedule a final hearing date
- Get issued the divorce decree
If there are no issues or delays an uncontested divorce can get finalized in as little as 6 weeks. However, they generally take slightly longer, averaging at around 2 to 6 months.
After the papers are filed and served the receiving spouse has 35 days to respond. The amount of time they take to respond has an impact on the length of time it takes to resolve the divorce.
Another important factor is how busy the court is. Depending on the jurisdiction you are filing with and their schedule, finding an available court date could take weeks or even months. Once a court date is available a judge can issue the final decree and terminate your marriage.
Contact a Divorce Attorney Today
The length of time it takes to finalize an uncontested divorce depends on a variety of factors. The process can be confusing so it is important to obtain skilled legal representation. Contact an experienced attorney to ensure your rights are protected during this process.
