Kaplan Divorce Blog

How Long Does a Divorce Take in NJ?

Written by Steven J. Kaplan, Esq. | February 13, 2014

You've accepted that the marriage is over. You're not looking for a war. You just want to get through the divorce and move on. So naturally, you want to know: How long is this going to take?

The answer is: it depends.

There is no single timeline for getting divorced in New Jersey. An uncontested case where both spouses have already resolved their major issues can move much differently from a case involving disputes over custody, alimony, property, or a business.

But there are things you can do to keep your case moving.

The Divorce Timeline Starts With Filing

Talking about divorce isn't the same thing as starting a divorce case. Negotiating with your spouse isn't the same thing either. Your divorce case formally begins when a Complaint for Divorce is filed with the court.

That doesn't mean you have to rush into filing before you're prepared. Some couples are able to resolve issues through negotiation or mediation before filing, which can make the eventual court process simpler.

But if you've spent months negotiating without making meaningful progress, understand that your divorce case hasn't formally started yet.

Does a NJ Divorce Have to Be Finished Within 12 Months?

The New Jersey Judiciary has historically used 12 months from filing as its case-management goal for new divorce cases. But don't confuse that with a guarantee.

It doesn't mean your divorce will automatically be completed within one year, and it doesn't mean the case disappears if it takes longer. The actual timeline depends on the facts of your case and how much remains unresolved.

What Can Make a Divorce Take Longer?

Some divorces take longer because there is simply more to work through.

Common issues include:

  • Disagreements over child custody or parenting time
  • Alimony disputes
  • Complicated property division
  • Business or professional-practice valuations
  • Disputes over income or other financial information
  • Difficulty obtaining necessary records
  • One spouse refusing to negotiate reasonably
  • The need for experts, mediation, motions, or ultimately a trial

The more issues you and your spouse can resolve without asking a judge to decide them, the more control you generally have over the process.

Can an Uncontested Divorce Be Faster?

The simple answer: yes, it often is. If you and your spouse agree on the major issues, the process can be considerably more straightforward.

That may include reaching an agreement on custody, parenting time, child support, alimony, and property division before asking the court to enter the final divorce. New Jersey even allows certain uncontested divorces to be finalized without an in-person court appearance.

But uncontested doesn't mean you should agree to something you don't understand just to get the divorce finished. A fast divorce isn't necessarily a good divorce if you make a financial or custody decision you'll regret later.

What Can You Do to Keep Your Divorce Moving?

You can't control everything your spouse does or how quickly the court handles every issue, but you can control your own preparation. Get your financial documents together. Respond to requests promptly. Understand what you're willing to compromise on and what actually matters to you. And don't allow months to pass simply because everyone keeps saying you're "almost there."

If negotiations aren't producing results, it may be time to discuss the next step with your lawyer.

So, How Long Will Your NJ Divorce Take?

Nobody can responsibly give you an exact answer without knowing the facts of your case. A relatively simple, uncontested divorce can move much faster than a complicated contested case.

Instead of focusing exclusively on "How fast can I get divorced?", ask another question: "What can I do now to avoid unnecessary delays?" That's something you can actually control.

If you're still deciding whether to separate or file, my free Divorce Smarter Course explains the New Jersey divorce process and the decisions you'll need to make along the way.

Until next time,

Steve