Does New Jersey Mandate a Waiting Period for Divorce?
When you are considering filing for divorce, it is important to understand the expectations required of you and how long the process will take. Many states mandate a waiting period before the divorce can be finalized, which can significantly impact how long the process takes. If you are seeking a divorce, reach out to a Morristown, New Jersey divorce attorney for skilled representation and legal advice.
Does NJ Mandate a Waiting Period for Divorce?
No, New Jersey state law does not mandate a waiting period for divorce, though many states do. Waiting periods are generally required between the date that the papers are filed and the date that the presiding judge is authorized to finalize the decree.
These timeframes can last a few weeks or even months, depending on the state you are in and the details of your marriage, most notably whether or not you share minor children with your spouse. The purpose of these waiting periods is to give the couple the opportunity to fully think through their decision and possibly reconcile. It also allows time to gather the necessary documentation and secure legal counsel, but its main point is to encourage reconciliation.
What Requirements Does NJ Implement for Divorce?
Although New Jersey does not have a required waiting period for couples seeking a divorce, there are several other criteria that must be met to successfully terminate the marriage. The two most important factors are the residency requirement and valid divorce grounds.
Before filing for divorce in New Jersey, at least one spouse must have been a resident of the state for at least one year. The only exception to this residency requirement is if the grounds for divorce are adultery. If infidelity caused the divorce, at least one spouse must be a resident of NJ for any amount of time, even if it is less than one year.
You must also file based on a valid reason or “grounds.” NJ allows both fault-based and no-fault divorces. If you are filing a no-fault divorce, the most common ground is irreconcilable differences, which means that the marriage is broken beyond repair for at least 6 months. The other no-fault ground is separation, which requires that you and your spouse have lived apart for at least 18 consecutive months.
The legally accepted fault-based grounds include:
- Adultery
- Extreme cruelty, which requires a 3-month waiting period after the last act of cruelty before the papers can be filed
- Desertion, which requires abandonment for at least 12 months
- Habitual drunkenness or drug use for at least 12 consecutive months
- Imprisonment for at least 18 consecutive months
- Institutionalization for at least 24 consecutive months
- Deviant sexual conduct
If you have additional questions or concerns about the requirements associated with divorce in New Jersey, reach out to an experienced attorney at Lazor Rantas, PC today.
