Process of an Uncontested Divorce in New Jersey

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An uncontested divorce is the simplest form of divorce available in New Jersey. Individuals that have decided that they no longer want to be married and have been residents of the state for at least one year can file for divorce with the Family Division of the Superior Court whose jurisdiction they are in. In order to go through the process of an uncontested divorce parties must come to an agreement on how all marital issues will be handled or divided including:

Debts

Property acquired during the marriage

Alimony

Life and Health Insurance changes

Child custody and support

Personal property

Change of wife’s last name

Filing and Service of the Complaint

The first step is for the plaintiff to file a complaint with the clerk of court in the county of their residence. A $160 filing fee must be paid at the time of filing. The next step requires that the defendant either acknowledge service of the complaint by signing a notarized document or be served by the Sheriff’s department. If the other party is not available or refuses to sign the acknowledgment of service, the sheriff’s department will serve the required complaint with a summons that requires a defendant to file an answer within 35 days.

Financial Disclosures and the Marital Settlement Agreement

Next, the plaintiff and the defendant will both have to execute and file a financial disclosure known as the case information statement, which will set forth all income and debts of the parties. The document that must be filed before the divorce can be finalized is the property settlement agreement. This agreement which must be signed by both parties, will spell out the how all of the marital issues are handled. It is also the document that the parties will rely upon after the divorce in the event they have to return to court for enforcement.

Finalization of Divorce Process

Upon the filing of the property settlement agreement a hearing will be set to finalize the divorce. Only one party (usually the plaintiff) needs to attend the hearing. The judge will ask a routine set of questions that can mainly be answered with a yes or no. Upon its completion, a final order dissolving the marriage will be issued.

Seeking Legal Help

Even though an uncontested divorce is a simple process hiring a licensed attorney in your area can prove to be extremely valuable. Don’t suffer through needless delay due to unfamiliarity with the process; contact a lawyer to ensure that your uncontested divorce process is completed as smoothly as possible.

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