Online Divorce in New Jersey
For those seeking an inexpensive divorce in the state of New Jersey, online divorce is an easy, affordable, and fast solution to prepare legal forms. Online divorce may be appropriate for couples who have an uncontested case.
The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy for you. We help organize all the necessary divorce forms and provide detailed instructions on filing your divorce in New Jersey.
Our divorce documents preparation service can be a perfect solution for those who want to complete their divorce papers quickly and without stress. Even though New Jersey has unique divorce forms and filing requirements, our online system provides the exact forms necessary along with instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.
If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out, and why should you spend money on lawyers? Online divorce is often cheaper, quicker, and easier.
Online divorce can be a perfect option if you want to save money or hope to have your divorce finalized quickly to get on with your life. Preparing documents for divorce online in New Jersey is fast becoming very popular because you can complete the documents in the comfort of your home.
Even if you think your case is too complex because you have children, own your own home, or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.
The process at OnlineDivorce.com is 100% secure. We protect your information, and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in New Jersey with the Onlinedivorce.com system can be a simple solution to a difficult situation.
Filing:
When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, after getting the other spouse’s signature, the divorce forms may be filed at the local court. In New Jersey, you will typically file with the courthouse in the county where you currently reside. If a petitioner is not currently a resident but a defendant is, divorce is typically filed in the county where the defendant resides.
The actual filing process is explained in our detailed court-filing instructions that we provide, along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.
After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make minor adjustments to your forms as requested by the court at no additional charge. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.
Residency:
Every state has specific requirements where divorcing couples must establish residency before filing for divorce. New Jersey is no exception.
In New Jersey, one spouse must be a state resident for at least one year before filing for divorce. However, if the cause for divorce is adultery, it took place in New Jersey, and one of the spouses is a resident, there is no set period.
The divorce can be filed for in any county within the state. [New Jersey Revised Statutes; Title 2A, Sec. 2A:34-10]
Valid grounds to get divorce in New Jersey
Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of New Jersey. Grounds are merely the reason for divorce, and the state must approve them.
No-fault grounds for divorce in New Jersey include:
- Living separately for at least 18 months with no reasonable expectation of reconciliation;
- Irreconcilable differences have caused the marriage breakdown for six months with no reasonable prospect of reconciliation.
General (fault-based) reasons for divorce in New Jersey include:
- Adultery;
- Imprisonment for a minimum of 18 months;
- Deviant or unnatural sexual behavior (without the plaintiff’s consent);
- Alcoholism or drug addiction;
- Institutionalism for incurable insanity for 24 or more consecutive months subsequent to marriage and before filing for divorce;
- Abandonment for one year;
- Extreme cruelty. [New Jersey Revised Statutes; Title 2A, Sec. 2A:34-2].
To obtain a fault-based divorce, the plaintiff must provide evidence of the other spouse’s misconduct before the court.
Custody of the child in New Jersey
In any proceeding involving child custody, New Jersey courts enter an order that may include either joint legal and physical custody or sole custody to one parent with appropriate parenting time for the noncustodial parent.
Any custody arrangement must be in the best interests of the child, based on the following factors:
- The overall physical, emotional, mental, religious, social, and other needs of the child;
- The age and number of the children;
- The preferences of the child, if the child is deemed to be of sufficient age and maturity;
- Both parents' ability to agree, communicate and cooperate in matters relating to the child;
- The child's relationship with their parents and siblings;
- The stability of the home environment offered
- The fitness of the parents;
- The geographical proximity of the parents' homes;
No preference for child custody is to be given because of the parent’s gender. And neither parent shall be deemed unfit unless the parents' conduct has a substantial adverse effect on the child. [New Jersey Revised Statutes; Title 9, Sec. 9:2-4]
In some cases, custody can be set up as a short-term solution to be revisited later if the family or living situation is expected to change dramatically.
Mediation support in New Jersey
There are no legal requirements for mediation in the state of New Jersey. However, the court does require spouses who have children to participate in a mandatory education program called "Parents' Education Program" before a final Divorce Decree is ordered. Each spouse typically participates in a separate program. [New Jersey Revised Statutes; Title 2A, Sec. 2A:34-12.3]
For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. It can be the simplest way to assure a fast, easy and affordable online divorce.
Filing fees for divorce in New Jersey
When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.
how long will it take
Using the OnlineDivorce.com service usually takes between 30 minutes and two hours or more, depending on the complexity of your case. Start by filling out the questionnaire. You can do it in one sitting or save your progress and complete it at a later date. Whatever is most convenient for you.
Once you’ve received the completed documents, you will need to file them and get your spouse’s signature. You’ll receive more information regarding the finalization of the divorce case once the paperwork has been completed and submitted to the court.
Frequently Asked Questions
Can I really file for divorce in New Jersey without a lawyer?
In New Jersey, like in other US states, the spouses are eligible to file a Pro Se divorce, which means a do-it-yourself divorce without legal representation. However, the procedure the person should follow to file for divorce in New Jersey is the same regardless of whether the parties proceed as self-represented litigants or seek attorneys' help.
Although DIY divorce without a lawyer is a legit option, legal experts usually do not recommend the spouses who contest the case to arrange such a do-it-yourself divorce due to higher risks associated with high-conflict divorce cases. Pro Se divorce is typically more suitable for those couples who do not have huge assets, marital property, and minor children, or at least have an agreement containing the terms and conditions that apply to their separation.
Besides, those couples who do not want to hire a lawyer for their uncontested case can take advantage of other divorce options and services to settle particular matters amicably and at a lower cost. For example, they can use OnlineDivorce.com to complete their divorce forms, participate in mediation sessions to resolve all the child-related issues out-of-court, hire an appraiser to divide the marital property, etc.
How can I file for divorce in New Jersey without a lawyer?
A divorce procedure in New Jersey includes several mandatory steps for all couples, regardless of the type of divorce and other peculiarities of a specific case.
To start a divorce process, the spouse initiating the case (called the petitioner, or plaintiff) has to complete and file the Complaint for Divorce along with other legal forms with the Family Division of the Superior Court and pay a court filing fee.
Once the petition is filed, the plaintiff shall serve the second spouse (called the defendant) with copies of the Complaint and the Summons, following the rules of civil procedure. Thus, the plaintiff must deliver the copies of papers to the defendant within 30 days of the date of filing with the help of the Sheriff's Office, by hiring a private process service, or via certified mail. Along with other papers, the Acknowledgement of Service form and the receipt from the process server must be submitted.
After the defendant responds to the Complaint, the couple can wait for the final hearing's date to be scheduled. New Jersey laws do not require a waiting period for issuing the divorce.
How much does it cost to get an uncontested divorce in New Jersey?
The cost of divorce in New Jersey is hard to predict without considering the particular divorce case, so there is no single answer to this question.
Since lawyers' fees often make up the lion's share of the expenses for a divorce, a lot depends on whether the parties contest the case and hire full-service attorneys.
If the spouses do not seek attorneys' help, the divorce cost may also vary, depending on what other services they use and what legal aid they get. Plenty of options are available, from free online legal advice to marriage counseling, family therapy, unbounded attorneys' services, and other specialists' help, which can be rather expensive. Thus, an uncontested divorce is not a panacea for getting a low-cost divorce, but the spouses have broad discretion in managing their expenses and choosing the most comfortable options.
How long do you have to live in New Jersey to file for divorce?
The couple must foremost meet New Jersey residency requirements to start a divorce procedure within the state.
According to the New Jersey Revised Statutes, either spouse must be a resident of the state for at least a year before filing the Complaint for Divorce with the Superior Court's Family Division.
The only exception is divorces based on the fault ground of adultery. In such cases, there is no need to comply with the residency requirement if either party currently lives in New Jersey.
How long do you have to respond to divorce papers in New Jersey?
New Jersey laws do not require any waiting period after a divorce complaint is filed. Therefore, the length of the divorce procedure can largely depend on how quickly the defendant answers the divorce documents.
Once served with the papers, the defendant has 35 days to file a Response.
If the defendant does not respond to the Complaint for Divorce within this period, the plaintiff can ask the court for a default judgment.
How do you get a free divorce in New Jersey?
The cheapest possible way to get divorced in New Jersey is to arrange a divorce without a lawyer and other paid legal aid or services. However, the plaintiff still has to pay the mandatory court filing fee.
The plaintiff has the right not to pay a court filing fee only if they cannot afford these fees and can prove it to the court.
The plaintiff must file the Fee Waiver form, and if the court finds that the request is fair and reasonable, it issues an order exempting this person from paying court filing fees.
What papers do I need to file for a divorce in New Jersey?
Even though the legal forms required for each divorce case may slightly vary, the basic package of divorce forms the spouses must file in New Jersey typically includes Complaint for Divorce, Summons, Matrimonial Case Information Statement, Civil Case Information Statement, Answer, Appearance, Property Settlement Agreement, Certification of Service, Final Judgment of Divorce.