Few legal matters are as personal and life-changing as divorce. Unfortunately, roughly half of all marriages end in divorce. That said, if you’ve been served divorce papers or are considering initiating the process, the attorney you hire can make a world of difference in the outcome of your case. Here at The Law Office of Rachel S. Cotrino, LLC, our Mercer County family law attorney has decades of experience guiding clients through the divorce process, and we’re here to put that experience to work for you, too. Contact a Mercer County divorce attorney from our firm today so we can get a better understanding of your situation and goals for the future.
How do I start the divorce process in New Jersey?
To begin the divorce process in New Jersey, you will have to file what is known as a Complaint for Divorce with the Superior Court, Family Part, in the county where you or your spouse resides. For individuals living in Mercer County, this typically means filing in Trenton. There are several steps involved in starting the process, including:
- Filing the Complaint for Divorce
- Paying the required filing fee
- Serving your spouse with divorce papers
- Waiting for your spouse to file a response
Once your spouse has been served, he or she will have 35 days to respond to the complaint. If your spouse does not respond, your divorce may proceed as a default. However, if your spouse does respond, your case will move forward as either contested or uncontested, depending on whether the two of you can agree on the key issues involved.
You should also understand that New Jersey has a residency requirement. Generally speaking, at least one spouse must have lived in the state for at least one year before filing for divorce, unless the divorce is based on adultery.
What is the difference between a “no-fault” divorce and a fault-based divorce?
In New Jersey, you may file for either a no-fault divorce or a fault-based divorce, and understanding the difference between the two is important before deciding how to proceed.
A no-fault divorce is most commonly based on:
- Irreconcilable differences lasting at least six months
- Separation for at least 18 consecutive months
On the other hand, a fault-based divorce may be filed on grounds such as:
- Adultery
- Extreme cruelty
- Desertion
- Addiction or habitual drunkenness
In many situations, people choose to file for a no-fault divorce because it is generally more straightforward and does not require proving wrongdoing. Additionally, raising fault-based claims can sometimes lead to a more drawn-out and contentious process, even though those claims do not always impact the final outcome.
What is the difference between a contested divorce and an uncontested divorce in NJ?
There are two primary types of divorce in New Jersey: contested and uncontested.
If you are going through an uncontested divorce, it means that you and your spouse are able to agree on all major aspects of your divorce. This includes things like child custody, child support, alimony, and how your property will be divided. As you might expect, uncontested divorces are typically faster and less expensive.
However, if you and your spouse cannot agree on one or more of these issues, your divorce will be considered contested. In a contested divorce, your case may proceed through negotiation, mediation, or litigation, depending on the circumstances. While contested divorces can take longer, it is important to understand that many of these cases are still resolved before ever going to trial.
How is property distributed in a divorce?
When it comes to dividing property in a New Jersey divorce, the courts follow what is known as equitable distribution. This does not necessarily mean that everything will be split evenly. Instead, it means that the court will divide marital property in a way that it considers fair.
Marital property generally includes assets and debts acquired during the marriage, such as:
- The marital home
- Retirement accounts and pensions
- Bank accounts and investments
- Credit card debt and loans
Separate property, which is typically not subject to division, includes assets that were owned prior to the marriage or received as a gift or inheritance.
When determining how property should be divided, the court will consider several factors, including the length of the marriage, each spouse’s income, their contributions to the marriage, and the standard of living established during the marriage.
Will I get alimony?
Alimony, which is also referred to as spousal support, is not automatically awarded in every divorce, though it may be granted depending on the circumstances of your case. New Jersey recognizes several types of alimony, including the following:
- Open durational alimony
- Limited duration alimony
- Rehabilitative alimony
- Reimbursement alimony
When deciding whether alimony should be awarded, the court will consider a number of factors, such as the length of the marriage, each spouse’s financial situation, their earning capacity, and the standard of living that was established during the marriage.
Generally speaking, longer marriages are more likely to result in ongoing alimony, while shorter marriages may result in more limited support.
How do courts determine child custody?
Child custody is often one of the most important and emotional aspects of a divorce. In New Jersey, courts make custody decisions based on what is in the best interests of the child. There are two primary types of custody:
- Legal custody, which refers to a parent’s ability to make important decisions about the child’s upbringing
- Physical custody, which refers to where the child primarily lives
When determining custody, the court will evaluate a variety of factors, including:
- Each parent’s ability to cooperate
- The child’s relationship with each parent
- The stability of each parent’s home environment
- Any history of domestic violence
- The needs of the child
In many cases, courts encourage arrangements that allow both parents to remain actively involved in their child’s life, though the exact arrangement will depend on the specific circumstances of the family.
Will I get child support?
Child support in New Jersey is calculated using established guidelines that are designed to ensure that children continue to receive financial support from both parents.
The calculation generally takes into account:
- Each parent’s income
- The number of children
- Parenting time arrangements
- Expenses such as healthcare and childcare
The purpose of child support is to maintain a standard of living for the child that reflects the financial abilities of both parents. While the guidelines are typically followed, courts do have the ability to adjust child support in certain situations where special circumstances exist.
Can I date someone new during my divorce?
There is no specific law in New Jersey that prevents you from dating while your divorce is pending. However, doing so can sometimes complicate matters. For example, dating during a divorce may:
- Increase tension between you and your spouse
- Impact child custody discussions
- Raise financial concerns if marital funds are involved
Additionally, if your divorce involves fault-based claims such as adultery, dating before your divorce is finalized may become a relevant issue in your case.
For these reasons, it is often important to carefully consider the potential consequences before deciding to begin a new relationship during the divorce process.
How long does a divorce usually take in New Jersey?
The length of a divorce in New Jersey can vary significantly depending on whether the divorce is contested or uncontested.
Uncontested divorces are generally resolved more quickly and may be finalized within a few months once all agreements are in place.
Contested divorces, on the other hand, can take much longer, sometimes lasting several months or even more than a year. The timeline will depend on factors such as the complexity of the issues involved, the level of disagreement between the parties, and the court’s schedule.
How much will my New Jersey divorce cost?
The cost of a divorce in New Jersey can vary widely depending on the specifics of your case. Some of the common costs associated with divorce are as follows:
- Court filing fees
- Attorney’s fees
- Mediation costs
- Expert or appraisal fees
Uncontested divorces are typically less expensive because they require less time and fewer court appearances. Contested divorces, however, often involve additional legal work, which can increase the overall cost.
Speak With a Mercer County, New Jersey Divorce Attorney Today
Don’t face the divorce process alone. The legal team here at The Law Office of Rachel S. Cotrino, LLC is here to help you obtain the best outcome possible. Contact a knowledgeable and compassionate Mercer County divorce attorney to schedule an initial consultation with our dedicated legal team. We proudly represent clients in Mercer County and across New Jersey, including in Hamilton Township and Princeton, as well as in Burlington County, Middlesex County, Monmouth County, Ocean County, and beyond.
