Some states implement a mandatory waiting period that must expire after the complaint is filed before the judge can finalize the divorce. Waiting periods are designed to give the couple time to fully consider their decision and potentially reconcile before committing to the termination of their marriage. If you are filing for divorce, it is imperative that you fully understand your legal obligations during the process. For skilled representation and legal advice, contact a Sparta divorce attorney today.
Is There a Mandatory Waiting Period for Divorce in New Jersey?
No, New Jersey state law does not impose a mandatory waiting period for divorce. As long as all required paperwork is filed, legal requirements are met, and issues are resolved, the judge can finalize the divorce at any time.
In order for a divorce to be finalized in New Jersey, the couple must settle on topics like property division, debt allocation, alimony, child custody, and child support. Whether the pair resolves these issues on their own, through mediation, or by the judge’s order, as soon as the details are hammered out, the divorce can be made official. However, there are certain requirements and other timeframes that may be relevant depending on the details of the situation.
What Timeframes Should I Be Aware Of?
Although there is no waiting period required after the divorce papers are filed, it is important to be fully apprised of the other time-sensitive requirements that may apply to your case. For example, in order to file based on certain grounds, you may be required to meet their associated timeframes. Valid grounds for divorce in New Jersey include adultery, desertion, extreme cruelty, separation, substance abuse, institutionalization, imprisonment, deviant sexual conduct, and irreconcilable differences.
Proving that adultery and deviant sexual conduct occured is reason enough to file for divorce. However, the remaining grounds require certain durations. Consider the following.
- Desertion: Your spouse must have abandoned you for 12 months or longer
- Extreme cruelty: Cannot be used as a ground until 3 months after the cruelty occurs
- Separation: You must live separately and apart for 18 months or longer
- Substance abuse: Your spouse must have a substance abuse problem for 12 months or longer
- Institutionalization: Your spouse must be institutionalized for 24 months or longer
- Imprisonment: Your spouse must be imprisoned for 18 months or longer
- Irreconcilable differences: The relationship must be broken for 6 months or longer
In order to file for divorce based on the above grounds, the associated timeframes must apply to your circumstances. For example, if you want to file based on your spouse’s habitual drunkenness, you must wait until their addiction has lasted for at least 12 consecutive months. If they have only had a problem for 6 months or 12 months interspersed with sobriety, it is not a valid reason.
In this scenario, filing a no-fault divorce based on irreconcilable differences is likely your best option. To learn more, reach out to an experienced family lawyer today.