Divorce is a difficult and emotional process, and it can be even more complicated when it comes to understanding the laws and regulations surrounding it. As an expert in family law, I have seen firsthand the confusion and frustration that can arise when dealing with the waiting period for divorce in northern New Jersey. In this article, I will break down the basics of divorce laws in this region and provide insight into the waiting period and why it exists.
The Basics of Divorce Laws in Northern New Jersey
Before we dive into the waiting period, let's first understand the basics of divorce laws in northern New Jersey. The state of New Jersey allows for both fault and no-fault divorces.A fault divorce is when one spouse claims that the other is responsible for the breakdown of the marriage, while a no-fault divorce is when both parties agree that the marriage cannot be saved. In order to file for divorce in northern New Jersey, at least one spouse must have been a resident of the state for at least one year prior to filing. Additionally, there are certain grounds for divorce that must be met, such as adultery, extreme cruelty, or abandonment.
The Waiting Period for Divorce in Northern New Jersey
Now, let's get to the main question - what is the waiting period for a divorce in northern New Jersey? The answer is not as straightforward as you may think. In fact, there are two different waiting periods that may apply depending on your specific situation. The first waiting period applies to no-fault divorces. In these cases, there is a mandatory 18-month separation period before a divorce can be finalized.This means that both parties must live separately and apart for at least 18 months before they can file for divorce. However, there are some exceptions to this waiting period. If both parties agree to waive the 18-month separation period, they can file for divorce after only six months of separation. This is known as a "mutual consent" divorce. Additionally, if there are extenuating circumstances, such as domestic violence, the court may waive the waiting period altogether. The second waiting period applies to fault divorces.
In these cases, there is no mandatory separation period, but there is a mandatory six-month waiting period after the initial filing of the divorce complaint. This means that even if both parties agree to the divorce and all other issues have been resolved, they must wait six months before the divorce can be finalized.
Why is There a Waiting Period?
You may be wondering why there is a waiting period at all. The purpose of the waiting period is to give couples time to reconsider their decision and potentially reconcile. It also allows for time to work out any issues related to the divorce, such as child custody and division of assets. Additionally, the waiting period helps to prevent impulsive decisions and ensures that both parties have had enough time to fully consider the consequences of their actions.What Happens During the Waiting Period?
During the waiting period, both parties are encouraged to work out any issues related to the divorce, such as child custody and division of assets.If they are unable to come to an agreement, they may need to attend mediation or go to court to have these issues resolved. It's important to note that during this time, both parties are still legally married and cannot remarry until the divorce is finalized.
