The Divorce Process
To initiate a divorce process, the applicant and his/her spouse must file a Complaint about Divorce. After that, the Complaint is then served upon the applicant’s spouse by the sheriff, a process server, through their attorney, or by the applicant’s spouse acknowledging they were served by another method such as certified mail. It is to be noted that sending the divorce paperwork by standard mail is not an acceptable service unless the applicant’s spouse agrees to it and signs a notarized document that the mail is acceptable to them.
After the documents are served, the applicant’s spouse has 35 days to respond to them. In case if they do not respond, the applicant’s matter will continue without the participation of the applicant’s spouse, and on a default basis, the applicant will be granted a divorce.
If the applicant’s spouse responds, then the matter is now contested and the applicant will begin the process of gathering information from his/her spouse, attempting to settle the matter through the court and, possibly building his/her case for trial. If the applicant and his/her spouse are unable to settle the matter, then the court will have a trial and the decision would be made by the judge. For more information and expert consultation, contact Divorce Lawyers in NJ.
The Waiting Period
When the applicant is ready to dissolve his/her marriage, he/she usually does not want to wait long to file the paperwork. In some of the places, there is a stipulated time to wait before filing for divorce. Fortunately, in New Jersey, the applicant does not have a waiting period if the applicant has been married for more than six months.
In New Jersey, when the applicant wants to obtain a divorce, the applicant and his/her spouse do not have to live apart before they have filed the paperwork. One spouse has the freedom to claim no-fault with irreconcilable differences. Under these irreconcilable differences, these conditions must have existed for at least six months.
When irreconcilable differences are cited by one spouse, it is hard to litigate in court as these claims are subjective. If the applicant and his/her spouse have not been married for at least six months, they must wait in order to file the paperwork. Once the duration is reached, they can file the paperwork.
How Long the Divorce Process Takes for its Completion
After notarizing the divorce papers, or after the deadline for the defendant has passed, the next step in the process is to file the divorce papers with the clerk’s office in the county where you live. So, the question arises, once the papers have been filed, how long does a divorce process take? Well, it depends on the complexity of the case and whether or not the applicant’s spouse can agree upon terms for the applicant’s settlement agreement.
If the applicant has no issues, then the process takes 3-6 months to complete. If the applicant has complex issues and cannot work out an agreement with his/her spouse, the divorce process may take up to a duration of 14 months and, sometimes, beyond 14 months to be completed.