How Long Do I Have to Be Separated in NJ to Divorce?

It is a common misconception that you and your spouse must be separated for a period of time before being eligible to file for divorce in New Jersey. As such, if you are ready to file for divorce, the following blog explores what you should know about eligibility requirements and how a Morris County divorce lawyer can help you navigate this complex legal process so your divorce goes as smoothly as possible.

Does New Jersey Require Couples to Be Separated Before Divorcing?

It’s important to understand that in New Jersey, you and your spouse do not have to endure a mandatory separation period to file for divorce. As such, you can file a divorce and cite “no-fault” or irreconcilable differences as the reason for divorcing. This process, if uncontested, meaning you and your spouse agree on all the matters at hand, will take at minimum, six months to complete.

You should note, however, that if you are filing a fault-based divorce and cite separation as the reason, then you must be separated from your spouse for 18 months before filing. This period requires you and your spouse to live apart with no intentions or attempt to reconcile your divorce. However, you do not have to file a fault-based divorce if you wish to speed up the process.

What Can I Do to Make My Divorce Go as Smoothly as Possible?

If you are worried about your divorce taking too long, it’s important to understand that there are steps you can take to help attempt to make this process go as smoothly as possible. Generally, if you and your spouse can work together to determine the outcome of your divorce, this can help reduce time spent going back and forth. This is referred to as an uncontested divorce, as the terms and conditions of your separation are not disputed by either party. In fact, if you and your spouse can agree to these matters, you may not even have to appear before a judge to proceed.

It’s also important to understand that it is in your best interest to connect with an experienced attorney who can help ensure the best interest of your case. Whether you and your spouse can agree on certain matters or have been fighting a bitter battle, having an attorney to represent you is critical. Not only can they ensure the matters you and your spouse have agreed on represent your best interest, but they can also help fight if your spouse is uncooperative.

At Haber Silver Russoniello & Dunn, we understand how complicated these issues can be. That’s why our dedicated legal team will do everything possible to assist you through these matters. Connect with us today to learn how our firm will fight for you during these challenging and emotional times.