Uncontested Divorce in New Jersey

Be it a contested divorce or uncontested divorce, it is a painful and sensitive topic to deal with. One has to bear tremendous stress for a long span of time while undergoing divorce. Comparatively, uncontested divorce is easy to bear. However, in this type it is mandatory for divorcing parties to reach at a consensus regarding the various aspects of the divorce.

The venue of filing the divorce action is the Chancery Division, Family Part of the Superior Court. The divorcing spouse who files the action is referred to as the Plaintiff. The spouse who responds to the filing action is known as the Defendant.

Steps of Uncontested Divorce in New Jersey

• The Plaintiff is required to file a verified complaint for divorce. This document is used to identify the divorcing parties and indicate the action to be taken i.e. divorce.
• A copy of the verified complaint along with a Summons is served to the Defendant. Further, the Defendant is given 35 days to file an Answer. Generally, the officer of the Sheriff of the county wherein the Defendant resides serves the Complaint.
• There are negotiations between the Defendant or the Defendant’s attorney and the Petitioner on issues like child support, spousal support and division of marital estate. In this state, such negotiations may be expedited by Early Settlement Panels (ESPs).
• The Petitioner must reach a settlement with the Defendant regarding distribution of the liabilities and assets of the marital estate.
• In case the statutory time guidelines are met with, the Petitioner may ask the court to decide the time of a final hearing.

Requirements of Uncontested Divorce in New Jersey

• The divorcing parties must agree with each other regarding property distribution and division.
• The divorcing parties must accede with each other on the issues of child support and child custody.
• One or both of the divorcing partners must have lived in this state for the entire of the previous year on the date of filing, unless alimony is requested.

Forms which must be completed in this divorce

• A Cover Letter: The Clerk of the Superior Court, where the action is filed, is forwarded this letter.
• A Case Information Statement: This is a profile of the liabilities and assets of the divorcing parties.
• Certification of Insurance Coverage: This document is used to certify that the medical insurance of the Plaintiff, Defendant and their children are being continued.
• A Verified Complaint of Divorce: This form begins the divorce action.
• A Civil Case Information Statement: This document is used to describe the type of case in the court.

Grounds of divorce

Fault grounds

• Imprisonment for 18 or more consecutive months.
• Institutionalization.
• Addiction.
• Deviant sexual conduct.
• Extreme cruelty.
• Willful and continued desertion for one year.
• Adultery

No-fault grounds

The divorcing spouses should reside apart and separate for 18 months and there should not be any reasonable prospect of reconciliation.

Divorce Papers