Are you considering filing for a divorce in the state of New Jersey but find yourself unsure about the court process? The information provided in this article will give you a comprehensive overview of the divorce proceedings in New Jersey and will also address whether or not you will need to attend court.
Filing for Divorce in New Jersey
In New Jersey, initiating a divorce necessitates completing and submitting a Complaint for Divorce to the court. It is essential to file these forms in the county where either spouse resides.
After the divorce papers have been filed, it is mandatory to serve the other spouse with a copy of the complaint. You can accomplish this by employing a process server or by sending the papers through certified mail. However, the other spouse has the option to waive service altogether.
No-Fault Divorce in New Jersey
New Jersey upholds the option for spouses to pursue a no-fault divorce, meaning they are not required to prove any fault or wrongdoing. Instead, a no-fault divorce is granted when the marriage is deemed irretrievably broken, with a waiting period of 18 months of separation. Alternatively, if the spouses have already been living separately for at least 12 months and can demonstrate that the marriage’s breakdown is beyond repair, the divorce may be granted sooner.
Contested Divorce in New Jersey
Should the divorce case be contested, indicating that there are disagreements regarding property, custody, or support, appearing in court may be necessary. In a contested divorce, both parties may be required to attend various hearings and meetings with the court.
The court will schedule a case management conference to establish deadlines for discovery, which involves the exchange of information between spouses that is relevant to their case. A contested divorce may involve depositions, interrogatories, and subpoenas to collect information about assets, debts, and income.
Throughout the trial, spouses may be summoned to testify about the contentious issues. Ultimately, the court will render decisions on the contested matters and incorporate the terms into a final judgment of divorce.
Uncontested Divorce in New Jersey
On the other hand, an uncontested divorce typically does not require a court appearance. Under these circumstances, the spouses have reached an agreement on all issues related to their divorce and have come to a settlement.
Once the settlement agreement is finalized, the attorney will draft the final judgment of divorce to formalize the terms. After review by both parties, the final judgment is submitted to the court for approval. The judge will sign the final judgment of divorce and return it to the respective attorneys, effectively finalizing the divorce.
Conclusion
In summary, the requirement of attending court for a divorce in New Jersey primarily hinges on whether it is contested or uncontested. In uncontested cases, it is unlikely that you will need to be present in court. Conversely, in contested divorces where mediation fails to resolve the issues, appearing in court for the trial becomes necessary.
To navigate these legal proceedings with expertise, it is advisable to consult a reputable family law attorney who can guide you through the entire process based on your unique circumstances.