Uncontested Divorce
South Jersey Divorce Solutions provides comprehensive legal services and support for various family law matters. With decades of combined legal experience, our team is dedicated to offering individualized attention and tailoring our representation to meet each client’s specific needs and objectives. Sometimes, spouses need to go their separate ways, and there are few or no disagreements over children or assets. Our skilled team has the experience to help you with a quicker way out – uncontested divorce.
What Is An Uncontested Divorce?
In an uncontested divorce, both spouses mutually agree to end their marriage, and they do not have any significant disagreements regarding issues such as child custody, property division, or spousal support. Uncontested divorces typically involve a more straightforward and faster court process compared to contested divorces, as there is no need for extensive hearings or legal battles. This streamlined process often results in a quicker resolution, allowing both parties to move forward with their lives in a timely manner.
An uncontested divorce may also occur when the spouses have settled all of their issues and entered into a Marital Settlement Agreement. For example, when a couple has resolved all of their issues in Mediation and needs to finalize the divorce in Court, that can also be an uncontested matter.
This is allowed under NJ Rev Stat § 2A:34-2 (2023) Causes for divorce from bond of matrimony, subsection I, which states:
“Irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation.”
Requirements for a New Jersey Uncontested Divorce
South Jersey Divorce Solutions can help you file for an uncontested divorce. Either spouse can initiate the filing, and we will notify the court that the divorce is uncontested.
Preparing and Filing the Divorce Documents
Your attorney will help you complete the divorce complaint, explaining why you are asking for a divorce and what you seek in the agreement. You must also complete a settlement agreement, various certification forms, and a summons. We can locate and help prepare these documents for you.
Both spouses must create a joint property settlement agreement outlining arrangements for custody, parenting time, child support, alimony, equitable distribution, and other financial matters. Both parties are required to sign and notarize the agreement. Once the divorce is approved, the court will acknowledge and incorporate this agreement into the final divorce order.
These forms and the filing fee must be submitted:
- if you weren’t living in the state at that time, in the New Jersey county where your spouse was living then, or
- if neither of you lived in the state at the end of the six-month period, in the county where you currently live, or, if you don’t live in New Jersey, in the county where your spouse lives.
Your NJ Family Law & Divorce Lawyer can help you determine the correct filing location according to your circumstances.
Serving Your Spouse and Allowing Time for a Response
After filing your divorce papers, your next step is to serve your spouse (referred to as the “defendant”) with these documents and the summons. You can do this by directly giving the papers to your spouse or mailing them. In this case, your spouse must sign an “acknowledgment of service,” which you will then file with the court. An authorized process server can also deliver them. The court may grant a default divorce after 35 days without your spouse’s response.
Default Divorce or “Divorce On the Papers”
New Jersey allows uncontested or default divorce judgment without the need to attend a court hearing. This “Divorce on the Papers” procedure is also called default divorce, and many New Jersey counties use it for all types of uncontested divorces. In most cases, the family law judge reviews the divorce paperwork and grants a divorce on their weight alone (based on the papers), without a court hearing. However, the judge may schedule a hearing to resolve issues that are not addressed or settled in your agreement.
A divorce on the papers can also be for an uncontested matter, not just defaults. If there is a signed agreement, spouses can submit Certifications to allow divorces to occur “on the papers.”
New Jersey Uncontested Divorce Attorney
Your New Jersey Uncontested Divorce Attorney with South Jersey Divorce Solutions can facilitate a faster and more cost-effective dissolution of your marriage with an uncontested divorce. Contact South Jersey Divorce Solutions in Merchantville at (856) 733-0229 to schedule your initial consultation. You can also reach out online.