See if you Qualify in New-jersey
Online Divorce provides qualitative and approved by the court New Jersey divorce papers. The information below will help you understand more about the divorce in New Jersey. However, if you feel any doubts or insecurities, we will help you to figure out how to get your divorce form documents quickly and correctly filled out according to the rules set by the state without hiring an Attorney. onlinedivorce.com provides quick and inexpensive services of online divorce in New Jersey. We guarantee that in a short time you will receive the correct New Jersey divorce documents with specific circumstances of your divorce, as well as a detailed instruction on what to do next.
Below you can find common steps of how to get divorce in New Jersey:
1) Rules of the state use the terms “divorce” and “dissolution” interchangeably. Both words mean the same and it is a court process that ends the marriage. Thus, in order to dissolve a marriage, it must be recognized by the law of the state.
2) In case if you to terminate your marriage and decided to file for a divorce in New Jersey you must meet a residency requirements. However, it does not matter which of the spouses resides in New Jersey, the main thing is to comply with the regulations of the state.
3) You should have a reason on the basis of which you decided to file for divorce. As in most states, the reasons may be fault or no-fault. Please note that if you indicate fault grounds in your New Jersey divorce documents, then you are required to provide evidence to the court of these reasons. Most likely during the legal proceedings, you will have to take your life to the public eye. Therefore, most of the applicants prefer to file for divorce in New Jersey on the basis of no-fault reasons.
4) You need to decide on the type of your divorce. This can be either a standard divorce in New Jersey, or uncontested or annulment. If you and your spouse agree on all your divorce issues, and have also decided on the custody of the child and separation of property, then your divorce is classified as uncontested. If after the marriage ceremony you find out that your marriage was registered with violations of the law of the state, then your marriage is subjected to annulment.
5) You have to fill out New Jersey divorce papers. Which ones will depend on the type of your divorce and your circumstances. In any case, the process of filling in forms is rather complicated and time-consuming. You may need a lot of time to understand all the terms and nuances. Therefore, for most couples deciding to end a relationship, it is much easier to use the service of Online Divorce in New Jersey. We will prepare for you all the necessary divorce form documents, which you will only need to register in court. Filling out New Jersey divorce papers through the service of Online Divorce is much cheaper than with the help of a lawyer, while the quality will remain the same.
6) Once your New Jersey divorce papers are ready, you need to file them in court, after which you should send copies of these documents to your spouse in order to notify him or her about the beginning of the divorce proceedings. Usually this is called serving a spouse. Once you do all of the above, you should only wait for the court to grant a divorce.
In the event when you decide to terminate your marriage and want to file a petition for a divorce in New Jersey, then you or your spouse must reside in the state at least 12 months before filing to the court. If you are applying for divorce on the basis of irreconcilable differences, then you and your spouse must have experienced them at least 6 months before the application was filed or live separately without cohabiting and facts of reconciliation for at least 18 months.
Valid Grounds to get divorce in New Jersey
In order to apply for a divorce in New Jersey, you need to have legal grounds for this, which are of two types: no-fault and classic fault. To the no-fault type belongs the statement that between you and your spouse there are irreconcilable differences that last at least 6 months. Or you and your spouse voluntarily do not cohabit together for at least 18 months, with no potential reasons for reconciliation. Pay attention that if you want to get a divorce on the basis of fault grounds, you will need to not only indicate them in your New Jersey divorce papers, but also provide evidence to the court that your spouse is really to blame for the break of your relationship.
The following can be attributed to the fault reasons:
2. Cruel treatment in the family or violence, and the claim for divorce must be filed in court no later than 3 months after the last act of violence;
3. Dependence of the spouse on alcohol or drugs;
4. Mental illness of the spouse, which lasts not less than 24 months after the marriage;
5. If the spouse has committed a crime and was convicted during a marriage for a period of not less than 18 months, while after his or her release the couple did not cohabitate together;
One type of divorce in New Jersey is annulment. This kind of divorce is related to marriages, which never existed. It is understood that these are marriages that have no legal force, that is, they were concluded with violations of state conditions. There are limited requirements for the reason for cancellation of marriage. Thus, you can cancel the marriage for the following reasons:
1) You or your spouse at the time of marriage did not reach the legal age for marriage (18 years), and from the time of the marriage ceremony and during the time while underage spouse didn’t yet reach the age of 18, the couple did not have sexual intercourse;
2) If during the marriage ceremony you or your spouse, because of mental illness or being under the influence of any intoxicating substances (for example, alcohol intoxication), could not voluntarily give a consent to marry or did not understand what is happening;
3) If one of the spouses is terminally ill with impotence;
4) If the marriage was committed fraudulent or forced way;
5) If you or your spouse are too close to each other, for example, the parent and the child or the grandparent and the grandchild or the brother and sister, etc;
5) Bigamy. You or your spouse at the time of entering into the marriage were already married, while the previous marriage was not terminated;
It is generally considered that annulment is a simpler type of divorce in New Jersey. However, this is not quite true. Pay attention, despite the reason why you want to cancel the marriage, you will need to provide evidence to the court that your marriage is invalid. In spite of the fact that the marriage subject to annulment has no legal force, nevertheless, people who want to file a claim for annulment need to fill in various divorce from documents. Filling out a New Jersey divorce papers is sometimes difficult enough, especially if the plaintiff does not have a legal background. However, do not worry, you can use the services of Online Divorce. Using our service, you can be sure in the correctness of your New Jersey divorce papers, as well as in the fact that we will prepare them for you as soon as possible.
Custody of the Child
New Jersey law declares that it is in the state’s public policy to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.
When making an award of custody, the court shall consider the following factors:
1)The parents’ ability to agree, communicate and cooperate in matters relating to the child(ren);
2)The parents’ willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiate abuse;
3)The interaction and relationship of the child(ren) with the parents and siblings;
4)The history of domestic violence, if any;
5)The safety of the child(ren) and the safety of either parent from physical abuse by the other parent;
6)The preference of the child(ren) when of sufficient age and capacity to reason so as to form an intelligent decision;
7)The needs of the child(ren);
8)The stability of the home environment offered;
9)The quality and continuity of the child(ren)’s education;
10)The fitness of the parents;
11)The geographical proximity of the parents’ homes;
12)The extent and quality of the time spent with the child(ren) prior to or subsequent to the separation;
13)The parents’ employment responsibilities; and
14)The age and number of the children.
A parent shall not be deemed unfit unless his/her conduct has a substantial adverse effect on the child(ren).
Rules for Child Support
If the couple decided to get a divorce in New Jersey theyshould know that courts oblige parents to financially support their minor children. Usually state uses the Income Shares Model for calculating child support. In determining the amount to be paid by a parent for child support and the period during which the duty of support is owed, the court shall consider the following factors:
1)Needs of the child(ren);
2)Standard of living and economic circumstances of each parent;
3)All sources of income and assets of each parent;
4)Earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate employment;
5)Need and capacity of the child(ren) for education, including higher education;
6)Age and health of the child and each parent;
7)Income, assets and earning ability of the child(ren);
8)Responsibility of the parents for the court-ordered support of others;
9)Reasonable debts and liabilities of each child and parent; and
10)Any other factors the court may consider as relevant.
Rules for Spousal support
In case of divorce in New Jersey the court will order either of spouses to pay the alimony to another spouse if he or she needs financial support. The alimony can be of several types: permanent alimony, rehabilitative alimony, limited duration alimony or reimbursement alimony to either party. If you want to get a divorce in New Jersey the court will make its decision regarding the type of alimony and duration of payment on the basis of following:
1)Duration that the marriage lasted for.
2)Living standards of the spouses and their educational, professional, and social needs.
3)Time required by the spouse to get the necessary education and skills for employment.
4)Ages as well as the health conditions of the spouses.
5)Absence of either of spouses from the job market.
6)Tax effects on either of the spouses after the division of property.
7)Retirement benefits and insurances.
As in many states, when divorced in New Jersey, the rule of fair division operates. That is, it means that the joint property will be divided in half. Or in favor of one or the other spouse, if the alimony is taking part in divorce, so that the decision regarding the financial condition of the spouses is fair. The court considers many factors when deciding on the division of property. Thus, in your divorce form documents all your property should be described as accurately as possible, otherwise the hearings regarding the division can be considerably stretched in time. If you are afraid of making mistakes in the preparation of your documents, the service of Online Divorce in New Jersey will help you fill out all the necessary papers in accordance with state requirements.
Divorce without a lawyer in New Jersey
If you apply for a divorce in New Jersey, then there is no need to use the services of a lawyer. Cases when a divorce is made without the participation of a lawyer are called Pro Se Divorce, it is a Latin expression that translates as "on her or his own". Depending on which county you live, the process of divorce in the state of New Jersey can vary. Nevertheless, a divorce without the participation of a lawyer is completely legal and is subject to execution in any state. If the spouses have come to the agreement of a division of property and custody of children, then it is very convenient to initiate the Pro Se Divorce.
Courts during the divorce in New Jersey do not provide formal service of mediators. However, you can voluntarily invite a third party to settle any differences that arise during the divorce process.
Divorce Forms in New Jersey
There are various divorce form dments that you have to fill, but the basic is Complaint for Divorce, which is filled in any case. You will need to fill out additional papers, but which ones will depend on the type of your divorce and the circumstances of the case. Some of the needed documents you can find online, however, if you decide to apply for a divorce in New Jersey, you should contact to the local clerk.
If you decide to fill out New Jersey divorce papers by yourself, then it would not be bad to get acquainted with the Divorce Guide that the is provided by the state. Perhaps you will encounter a lot of misunderstandings when reading this document. Please note that there is a faster way to prepare your divorce form dments. Dissolution of marriage with the participation of a lawyer is quite expensive, so most couples prefer to use services of online divorce in New Jersey - the best online divorce provider in the United States. Using our service, you will receive your New Jersey divorce papers as soon as possible, similarly you can be sure that they will be drawn up exactly as required by state law.
Uncontested Divorce in New Jersey
One way to dissolve a marriage in New Jersey is an uncontested divorce. It is believed that this is one of the fastest ways to stop a marriage. The essence of this type of divorce is that you and your spouse have come to a decision on all the key points of divorce. These include:
1) custody of the child,
2) financial support for the child, including the costs of his or her education, health insurance, other medical issues,
4) the division of property: real estate, assets and liabilities,
5) other important factors that may arise in the process of divorce.
Divorce in New Jersey can be accelerated, because there is a special staff rule that allows you to reduce the process over time. It works if all of the following factors are true:
1) there are no disputes about the incomes of spouses, the value of assets and liabilities,
2) the duration of marriage was not more than 5 years,
3) there was no pre-trial process or it was short-term,
4) the spouses in divorce form documents issued their agreement on the decision regarding the division of property,
5) both sides agreed on all matters relating to divorce in New Jersey.
How to Serve Divorce Papers in New Jersey
The rules of the state of New Jersey oblige you to provide copies of your divorce form dments to your spouse. If you are on good relations, thus you can transfer them to your spouse personally, then ask him or her to sign a confirmation that he or she has received all the necessary documents. This document on the confirmation you also need to register in court.
If your relationship with your spouse is not so good, you can transfer your New Jersey divorce papers with the help of the local sheriff, for which you will be charged. Or use the professional service of serving, the cost will be higher.
After your spouse receives the documents, he or she has 35 days to read all the papers and put forward any disputes. While your spouse has not expressed his or her disagreement with anything, your divorce is considered as uncontested. After that, you can file a petition for starting the hearing. After the judge has examined all the divorce form dments, he will make his decision regarding the divorce, you just have to wait. If your divorce is not uncontested, then most likely you will be summoned to the court, so that you personally were present during a series of hearings.
Total fees will contain sum of New Jersey court filing fees and cost of using the service of online divorce in New Jersey. This cost may vary by county. Please check with your local court officer to determine the exact amount.