If your marriage is coming to an end you are likely wondering when your divorce can become final. The process can be long and emotionally exhausting, but understanding the steps required and the average time it takes to finalize a divorce can help you feel more confident throughout the process. Work with a skillful Sussex County, Sparta divorce attorney for representation and advice.
What Types of Divorce Exist?
- Fault-based: A spouse may file for fault-based divorce on the grounds of something like infidelity or domestic violence.
- No-fault: A no-fault divorce is more common than fault-based and is filed due to irreconcilable differences or because the relationship simply does not work anymore.
- Uncontested: In an uncontested divorce both spouses agree to divorce and see eye-to-eye on the settlement agreement. No decisions need to be made by the court and the divorce is typically quick and relatively easy.
- Contested: A contested divorce is one in which the couple cannot agree on various aspects of the divorce. Whether conflict arises about the actual decision to get divorced, how property should be divided, whether or not alimony should be paid, etc. any disputes can result in a contested divorce.
When Will My Divorce Be Finalized?
Several steps must be taken to follow the proper channels and file for divorce. Once all of the steps have been completed the judge will issue a divorce decree and your marriage will be officially over. The process for divorce is generally as follows.
- File the petition: To initiate the divorce one spouse will file a complaint with the local court.
- Response: The other spouse will be served with the divorce papers and must respond within 35 days of receiving the summons. The spouse can accept the terms of the divorce or contest them.
- Discovery: Each party’s lawyers will work to gather relevant information including financial statements, property deeds, and more to include in the divorce agreement and ensure property division is accurate.
- Negotiations: An NJ court will likely require the couple to attend a Settlement Panel where economic decisions can be discussed. The couple will also likely attend mediation sessions in an attempt to resolve issues like property division, debts, child custody, spousal support, and more.
- Trial: If the negotiations are unsuccessful and the couple cannot come to an agreement about all relevant issues, the divorce will go to trial. There, a judge will review the case and make a ruling on the undecided topics.
- Divorce decree: Once all matters have been settled the judge will issue the divorce
decree, effectively terminating the marriage and detailing the settlement agreement.
Once the divorce decree is issued your divorce is final. While some states have mandatory waiting periods between the day that the motion is filed and the day that the divorce can be finalized, New Jersey does not. Regardless of the timeline, once all of the required steps are completed the divorce can be finalized. This could take as little as two months but often takes several months or even years. Most New Jersey divorces are settled within one year, with the average taking around 9 to 10 months. Speak with an attorney to discuss the steps you need to take and ensure your rights are protected.
