For years, even an uncontested New Jersey divorce generally involved appearing before a judge to finalize the case. That's no longer always necessary.
New Jersey now has a procedure commonly referred to as "divorce on the papers." If your case qualifies, you may be able to obtain your final Judgment of Divorce without appearing in court in person or by video.
What Is a "Divorce on the Papers" in NJ?
A divorce on the papers allows a judge to review the required documents and potentially enter a final Judgment of Divorce without requiring the parties to appear for a traditional uncontested divorce hearing.
The procedure can be available in certain uncontested divorces and default divorces.
For an uncontested divorce, both spouses must agree on the divorce and its terms and submit the required documents.
If you and your spouse have a signed Property or Marital Settlement Agreement resolving your issues, that agreement can also be submitted as part of the process.
What Paperwork Is Required?
You can't simply tell the court that you and your spouse agree and ask the judge to sign the divorce. Specific documents must be properly completed and submitted.
One of the important documents is the Certification in Support of Judgment of Divorce Without a Court Appearance.
For an uncontested divorce, both parties have paperwork requirements.
Depending on your case, additional documents may include your signed settlement agreement, proposed Final Judgment of Divorce, prior court orders resolving issues such as custody or support, and other required forms.
The paperwork matters. If something is incomplete or improperly prepared, it can delay the divorce or require additional submissions.
Is a Court Appearance Guaranteed to Be Waived?
No. This is important. Even if you request a divorce on the papers, the judge can still require you to appear in court.
If an appearance is necessary, the court will notify you.
So think of this as an available procedure for qualifying cases, not a guarantee that you'll never have to appear before a judge.
What If You Have a Settlement Agreement?
If you and your spouse have resolved your issues and signed a Property or Marital Settlement Agreement, you may be able to ask the court to incorporate that agreement into your Judgment of Divorce without an appearance.
But don't confuse an uncontested divorce with an unimportant divorce.
Your settlement agreement may determine your rights and obligations involving:
- Property and debts
- Alimony
- Child custody
- Parenting time
- Child support
- Retirement accounts
- Other financial issues
Avoiding a court appearance doesn't make those decisions any less significant. Make sure you understand what you're signing before you sign it.
What About a Default Divorce?
The divorce-on-the-papers procedure may also be available in certain default cases where one spouse filed for divorce and the other spouse did not respond.
Different paperwork and requirements apply to a default divorce, so don't assume the uncontested-divorce procedure is identical.
Does This Make Divorce Easier?
It can make the final step more convenient.
If everything has been resolved and the paperwork is complete, avoiding an additional trip to court or video hearing can save time and reduce some of the anxiety associated with appearing before a judge.
But it doesn't eliminate the work that comes before the final judgment. You still need to resolve the issues in your case and make sure the final documents accurately reflect your agreement.
The Bottom Line
Yes, it is possible in New Jersey to finalize certain uncontested divorces without appearing in court. But you have to qualify for the procedure, submit the required paperwork correctly, and understand that the judge can still require an appearance.
If you're early in the divorce process, my free Divorce Smarter Course can help you understand what happens before you reach that final step.
Until next time,
Steve