Even though you and your spouse are parting on amicable terms and agree about all of the arrangements including child custody, it is important to put the agreement in writing. You don’t have to go through a complicated divorce process in New Jersey because a divorce attorney in Toms River, NJ can help you file for an uncontested divorce.
What Is an Uncontested Divorce?
If you and your soon to be ex-spouse agree on the terms of your divorce such as child custody, visitation, and asset division, and you’ve only been married for five years or less, then you may be able to get an uncontested divorce. A divorce would be contested if the couple had any disagreements regarding any of the arrangements. However, you will still need to file paperwork, which a divorce attorney can help you with, and give a reason for the divorce.
Irreconcilable Differences
There are two primary requirements for a divorce in New Jersey. First, one of the spouses has to be a resident of the state and have lived there for at least a year. Secondly, there has to be legal grounds for the divorce. Since NJ is a no-fault divorce state, many couples use “irreconcilable differences” as the reason they are divorcing.
Your divorce attorney can also have the proper forms prepared, including those stating that you and your soon to be ex have agreed on all issues. Your attorney can then make sure your divorce papers are filed in the correct courthouse, which would be the Superior Court.
An uncontested divorce moves much more quickly than a contested divorce, as long as the defendant doesn’t file an answer to the complaint your attorney has filed on your behalf. It should only take about 35 days before the final hearing is scheduled and your uncontested divorce is finalized.