If you're considering divorce in New Jersey, one of the first things you probably want to know is: What actually happens next?
The New Jersey divorce process can seem overwhelming when you don't know what to expect. Not every divorce follows exactly the same path, but most cases involve some version of the steps below.
Step 1: Talk to a Divorce Lawyer
Before filing anything, understand your situation.
What will happen to your house? Your retirement accounts? Will there be alimony? What could custody and parenting time look like? Should you move out? What should you absolutely not do?
Some of the most important decisions in a divorce happen before anyone ever walks into a courtroom. That's why I recommend understanding your rights before making major moves.
Step 2: File the Divorce Complaint
A New Jersey divorce formally begins when one spouse files a Complaint for Divorce with the Family Division of the Superior Court.
The complaint identifies the legal grounds for divorce and provides other required information about the marriage.
There are several grounds for divorce in New Jersey, but many cases are filed based on irreconcilable differences.
Why?
Because you generally don't need to begin your divorce by accusing your spouse of cheating, cruelty, or other misconduct.
Starting with unnecessary accusations can create conflict before you've even begun discussing the issues that actually need to be resolved.
Step 3: Serve the Divorce Papers
After the complaint is filed, the other spouse must be properly served with the divorce papers.
This is an important legal step.
You should never ignore divorce papers if you receive them, and you shouldn't sign documents you don't understand simply because your spouse asks you to.
Once proper service occurs, deadlines begin to run for responding to the case.
Step 4: Exchange Financial Information
One of the most important documents in a New Jersey divorce is the Case Information Statement, commonly called the CIS.
Think of it as the financial backbone of your divorce.
It provides detailed information about income, expenses, assets, debts, insurance, and other financial circumstances.
Accurate financial information is essential because many of the biggest issues in your divorce depend on it.
Step 5: Address Immediate Issues
Some divorces can't wait until the final settlement to resolve everything.
You may need temporary arrangements involving:
- Child custody and parenting time
- Child support
- Alimony or other financial support
- Household expenses
- Use of the marital home
- Insurance
- Attorney fees
- Other urgent financial or family issues
When necessary, temporary relief can be requested while the divorce case is pending.
Step 6: Identify and Resolve the Major Issues
Most New Jersey divorces come down to resolving these major questions:
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Children: What custody and parenting-time arrangement is in their best interests?
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Support: Will there be child support or alimony, and if so, how much and for how long?
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Property: How will the house, retirement accounts, investments, businesses, debts, and other marital property be divided?
Each divorce is different.
The goal is to determine what the law says, understand the financial and practical consequences, and work toward a resolution you can actually live with.
Step 7: Try to Settle the Divorce
Most divorce cases don't need to end with a judge deciding everything after a trial.
Settlement discussions can occur throughout the case. Mediation and other settlement processes may also help spouses resolve disputed issues.
That's usually worth pursuing.
A negotiated settlement gives you significantly more control over the outcome than asking a judge who doesn't know your family to make major decisions about your children, money, and future.
If an agreement is reached, the terms are typically put into a written marital settlement agreement.
Step 8: Finalize the Divorce
Once all issues have been resolved, the divorce can proceed to a final hearing and judgment.
If the spouses have reached a complete agreement, the case can generally be finalized without a contested trial.
At the end of the process, the court enters a Judgment of Divorce, legally ending the marriage.
What If You Can't Reach a Settlement?
Sometimes settlement simply isn't possible.
If important issues remain disputed, the case may ultimately require a trial where the judge hears evidence and makes the decisions the spouses couldn't make themselves.
That can include decisions about custody, parenting time, alimony, child support, property division, debts, and other disputed issues.
Trial is sometimes necessary, but it shouldn't automatically be the goal.
How Long Does a Divorce Take in NJ?
There isn't one timeline that applies to every New Jersey divorce.
A relatively straightforward case where both spouses cooperate can move much differently than a case involving complicated finances, a business, serious custody disagreements, domestic violence, or a high-conflict spouse.
One of the biggest factors is simply how much the spouses disagree and how willing they are to resolve those disagreements.
Before You Start the NJ Divorce Process
Don't focus only on getting divorced as quickly as possible.
Focus on getting through the process without making decisions you'll regret later.
Before moving out, signing agreements, transferring money, changing financial arrangements, or taking an aggressive position with your spouse, understand how that decision could affect the rest of your case.
I've practiced New Jersey divorce law for decades, and I've seen how decisions made in the first few weeks can affect a case months or even years later.
That's why I created Divorce Smarter, my free educational course for people considering or going through divorce in New Jersey.
It walks you through issues like custody, alimony, property division, separation, settlement, and dealing with difficult spouses so you can understand the process before making important decisions.
Until next time,
Steve