If you and your spouse are unhappy in your marriage, you may have made the difficult choice to file for divorce. However, it’s critical to understand that there are some requirements you must first meet to pursue this option. If you are unsure whether or not you meet the conditions to seek a divorce, you’ll want to keep reading. The following blog explores what you should know about this process, including the requirements to pursue a divorce and the importance of working with Morristown divorce lawyers to help you fight for the best possible outcome for your circumstances.
What Are the Legal Requirements to Get Divorced in New Jersey?
Typically, when you file for divorce in New Jersey, the only requirement you must meet relates to how long you’ve resided in the state. However, depending on the type of divorce you pursue, you’ll also find that there may be additional waiting periods.
The residency requirement in New Jersey states that at least one spouse must have been a resident of the state for at least one year before filing. This means if you and your spouse are not New Jersey natives, you must wait one year after moving to the state before you can file for divorce under the state’s laws. However, if your spouse is a resident of the state and you move in with them or vice versa, you can file for divorce because they meet the requirements.
As mentioned, there may be additional waiting periods you must adhere to based on the grounds you are filing on. If you pursue a no-fault divorce, you generally must show that irreconcilable differences have caused the breakdown of your marriage for at least 6 months. However, if you pursue an at-fault divorce on the grounds of abandonment, your spouse must leave the house for at least 12 consecutive months, whereas filing based on imprisonment requires 18 consecutive months behind bars.
If you are the victim of adultery or domestic abuse at the hands of your spouse, the residency requirement can be waived so you may obtain a divorce, but there may still be a waiting period.
How Long Will a Divorce Take?
Unfortunately, there is no way to determine exactly how long a divorce will take, as no two divorces are the same. However, examining the different factors of your circumstances can help you get an idea of what to expect. In general, if you and your spouse can agree on everything and file an uncontested divorce, you may find that this can be granted in as little as six months. If you are unable to agree on the terms of your divorce, it can take at least a year, if not longer, to determine the outcome. This is because contested divorces require negotiations, which could progress to mediation.
As you can see, filing for divorce in New Jersey can be a complicated matter. That is why it’s in your best interest to connect with an experienced attorney at Leslie Law Firm, LLC to help you through these difficult times. Our team understands how overwhelming this process can be, which is why we are committed to helping you every step of the way. When you need guidance, do not hesitate to contact us today.
