Starting a divorce often brings a mix of emotions and many questions. One of the most common questions is how long the process will take. While every situation is unique, understanding the general divorce timeline in New Jersey can help you feel more prepared. Some cases move quickly. Others require more time to resolve difficult issues. This guide by Law Office of Andrew A. Bestafka, Esq. explains the factors that influence the speed of your case. It also covers what you can expect as you move forward.
Why Choose Law Office of Andrew A. Bestafka, Esq.?
Law Office of Andrew A. Bestafka, Esq. provides clear and supportive guidance for families in Freehold and throughout New Jersey. With more than 10 years of experience in family law, the firm understands the local court systems. Our legal team also understands the challenges clients face. Andrew A. Bestafka is an active member of the legal community. He serves on committees for the New Jersey State Bar Association and the Monmouth Bar Association. In 2015, the American Institute of Family Law Attorneys recognized the firm for client satisfaction. They named the firm one of the “10 Best Firms” in this category. When you work with Law Office of Andrew A. Bestafka, Esq., you receive professional representation focused on your needs.
Is there a waiting period for divorce in New Jersey?
New Jersey does not have a mandatory “waiting period” like some other states. However, there are residency and timing requirements. To file for divorce in New Jersey, at least one spouse must have lived in the state for one year. Adultery is the only exception to this rule.
If you file based on “irreconcilable differences,” you must show these differences existed for at least six months. This is the most common no-fault ground. Additionally, New Jersey does not require couples to live in separate houses before they file. You can still live under the same roof while the legal process begins. You must simply meet the other requirements.
Uncontested vs. Contested Divorce Timelines
The biggest factor in your timeline is whether your divorce is uncontested or contested.
- Uncontested Divorce: This happens when both spouses agree on every single issue. This includes property division, alimony, and child custody. Because there are no disputes for a judge to settle, these cases move much faster. A judge can often finalize an uncontested divorce in two to four months.
- Contested Divorce: If there is even one issue you cannot agree on, the court considers the case contested. These cases take longer because the court must oversee the resolution of those disputes. A contested divorce typically takes between 12 and 18 months.
The New Jersey court system strives to resolve divorce cases within 12 months of filing. However, difficult cases often take longer.
How Custody Disputes Change the Timeline
When children are involved, the court’s main priority is the “best interests of the child.” If parents cannot agree on a custody arrangement, the timeline will likely expand. This also applies to parenting time schedules.
Custody disputes often require the help of outside professionals. The court may appoint a custody evaluator or a psychologist to interview the family. These professionals then make recommendations. These evaluations can take several months to complete. Additionally, disagreements on small details of the schedule can prevent an early settlement. This keeps the case in the court system longer.
How Property and Finances Slow Down Divorce
Dividing a life together involves many financial details. New Jersey follows the rule of “equitable distribution.” This means the court divides property fairly, though not always 50/50.
Several financial factors can slow down the process:
- High-Asset Cases: Valuing large estates or multiple properties takes time.
- Business Valuations: If one or both spouses own a business, a professional must determine its value.
- Hidden Assets: If one spouse suspects the other is hiding money, the investigation adds significant delays.
- Retirement Accounts: Valuing pensions or 401(k) plans often requires specific documents and calculations.
The Role of Court Scheduling and Case Management Conferences
The court’s own schedule plays a major role in your timeline. After you file, the first major milestone is the Case Management Conference (CMC). At this meeting, a judge reviews the issues in your case. Next, the judge sets a schedule for the rest of the process.
The court assigns your case to a “track” based on its difficulty. Simple cases move on a faster track. The court gives difficult cases more time. Your timeline is also affected by the court’s backlog. If the local courthouse is busy, the court may schedule your hearing dates months apart. This also happens if there are few judges available.
Discovery and Document Exchange Delays
Discovery is the phase where both spouses exchange information and documents. This is often the longest part of a contested divorce. You may need to provide bank statements and tax returns. Other documents include pay stubs and credit card statements.
Delays happen when one party is slow to provide documents. Delays also occur if the party provides incomplete information. In some cases, your legal team may need to issue subpoenas to banks or employers. This helps get the necessary facts. This back-and-forth can stall the case for several months.
How Mediation Can Shorten or Lengthen a Case
New Jersey encourages couples to settle their differences outside of a courtroom. Two common steps are the Early Settlement Panel (ESP) and Economic Mediation.
- Early Settlement Panel: Experienced family law attorneys review your case and suggest a fair settlement. If you both agree, your divorce can end quickly.
- Economic Mediation: If the ESP does not lead to an agreement, you may go to mediation. This allows you to discuss financial issues.
Successful mediation can save you months of time by avoiding a trial. However, if mediation fails, the case goes back to the court’s trial track. While mediation is a helpful tool, the time spent in these sessions can add to the total timeline. This happens if you do not reach an agreement.
When a Divorce Becomes Final in NJ
A divorce is not official until a judge signs a “Final Judgment of Divorce.”
In an uncontested case, this usually happens after a brief hearing. The judge reviews your written agreement at this time. In a contested case, this happens at the end of a trial. It can also happen after you reach a final settlement. Once the judge signs the decree, the court files it. The marriage is then legally over. You will receive a copy of the signed judgment for your records.
Frequently Asked Questions
How long does a no-fault divorce take in NJ?
A no-fault divorce based on irreconcilable differences can take as little as a few months if it is uncontested. If the parties disagree on terms, it can take a year or more.
Can I speed up my divorce if my spouse agrees to everything?
Yes. An uncontested divorce is the fastest way to end a marriage. If you have a signed settlement agreement when you file, the process moves much more quickly.
Does the county I file in affect the timeline?
It can. Some counties in New Jersey have more cases or fewer judges than others. This can lead to longer wait times for court dates and conferences.
What happens if my spouse refuses to sign the papers?
If your spouse is served with divorce papers but refuses to respond, you may seek a “default judgment.” This allows the divorce to proceed without their active participation. However, it still requires specific legal steps.
How long after the final hearing is my divorce official?
Your divorce is official as soon as the judge signs the Final Judgment of Divorce. In many cases, this happens on the same day as your final hearing.
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Contact Law Office of Andrew A. Bestafka, Esq. for Guidance
Handling the legal system can feel overwhelming, but you do not have to do it alone. Law Office of Andrew A. Bestafka, Esq. is here to provide the clarity and support you need during this transition. If you have questions about your situation or the divorce process in New Jersey, reach out for professional guidance.
Call Law Office of Andrew A. Bestafka, Esq. at (732) 898-2378 to discuss your case. Learn more about how our firm can help you move forward.