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Uncontested Divorces
What is an Uncontested Divorce?
When the spouses reach a consensus on all significant issues, such as property distribution, child custody and support, alimony, and any other pertinent concerns, the divorce is said to be uncontested. This consensual agreement speeds up and lowers the cost of the divorce process by allowing it to proceed without the necessity for a drawn-out and acrimonious court battle.
In the State of New Jersey, anyone can file a petition for Divorce without being assisted by Family Lawyer. For a fee, the Superior Court, Family Division, provides instructions and step by step guidance on how to do your divorce as pro-se (for oneself). However, for many couples these written instructions appear confusing and for others overwhelming. Fortunately for you I understand how is done thanks to my many years of experience filing uncontested divorces. I am not going to say that it is easy or quick, but I can tell you this. I can help you with it and I will try to minimize the hassle to the best of my abilities.
How Long It Takes to Get Divorced?
Well this Depends on Your Spouse: Yes! unfortunately I have witnessed this issue again and again over the years, and the thing that most delay divorces is getting the consent from the other party (spouse) which is a requirement of the New Jersey Courts to continue processing a Divorce.
Divorce with minor children If there are minor children, the family judges require that both parents attend first a workshop before moving on with the process, and that all issues concerning Child Support, Visitation, Health Insurance among others be clarely specified in the complain for Divorce or in a signed MSA (Marital Settlement Agreement) which I strongly encourage.
I Got Married In My Country, Can File My Divorce Here?
YES! definetly yes. Actually if the divorce you are seeking is going to be used later to apply for an immigration benefit, you should do it in the U.S. unless your spouse lives abroad, in which case you have the choice to do it in the country where you spouse lives or in New Jersey. If both parties are living in the U.S. the divorce must be filed in the US. Don’t get me wrong, if both parties living here have gotten their divorce outside the US this is totally valid in the U.S except for immigration purposes.
What Happens If My Spouse Doesn’t Want To Sign The Divorce?
In the State of New Jersey the signature of the other spouse (party) is not required, however; the court mandates that the other party must be properly notified or the divorce may not be granted. On Uncontested Divorces, if the other party signs it, it will make the process go faster.
“Keep in mind that Divorces with no children or properties are granted faster”.
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