How Long Does a Divorce Take in New Jersey?
Divorce is often a stressful and emotional process, and one of the most common questions people ask is, “How long will my divorce take?” The timeline for a divorce in New Jersey varies depending on factors like whether the divorce is contested, how cooperative both spouses are, and the complexity of the issues involved. While some divorces may be resolved within a few months, others can take a year or more.
If you are considering filing for divorce in New Jersey, it’s important to understand the legal process and what factors might influence how long it takes.
The General Divorce Timeline in New Jersey
In New Jersey, the divorce process generally takes anywhere from 3 to 12 months depending on how complicated the case is. A simple, uncontested divorce can be completed in a matter of months, while a contentious, contested divorce can take much longer—sometimes more than a year.
There is no mandatory waiting period for a divorce in New Jersey once a complaint is filed. However, the process itself can take time, depending on how both parties handle negotiations, court procedures, and settlement discussions.
Types of Divorce and Their Impact on Timing
The type of divorce you file for plays a major role in determining how long your case will take. An uncontested divorce occurs when both spouses agree on all major aspects of the divorce, including property division, child custody, alimony, and child support. Since there are no disputes to resolve in court, the process moves much faster.
In many cases, an uncontested divorce in New Jersey can be finalized within 3 to 6 months after filing. The timeline includes preparing legal documents, filing them with the court, serving the other party, and waiting for the judge to review and sign the final divorce judgment.
A contested divorce happens when spouses cannot agree on key issues, requiring court intervention. These cases take longer because they may involve discovery (exchange of financial information), negotiations, court hearings, and even a trial. A contested divorce in New Jersey can take anywhere from 6 months to over a year, depending on factors like:
The number of disputed issues
Whether mediation is successful
The court’s schedule and availability
The complexity of the financial and custody issues
If the case goes to trial, the process can extend well beyond a year due to pre-trial motions, discovery, and waiting for a court date.
Factors That Affect How Long a Divorce Takes in New Jersey
Several factors can influence the length of the divorce process in New Jersey. Below are the most common:
Residency Requirements
To file for divorce in New Jersey, at least one spouse must have lived in the state for at least 12 consecutive months before filing. If this requirement isn’t met, the process will be delayed until eligibility is established.
Grounds for Divorce
New Jersey allows for no-fault and fault-based divorces. Choosing a no-fault divorce based on irreconcilable differences is usually the quickest route. If you file based on fault grounds—such as adultery or extreme cruelty—you may face delays as evidence must be presented and proven in court.
Child Custody and Support Disputes
If children are involved, issues regarding custody, parenting time, and child support can significantly extend the divorce timeline. Parents who cannot agree may need mediation, court evaluations, or even custody trials before the divorce is finalized.
Property Division and Alimony Disputes
New Jersey follows the principle of equitable distribution, meaning marital assets and debts are divided fairly, but not necessarily equally. If spouses disagree on who gets what, the division of assets, debts, and potential alimony (spousal support) can become a lengthy process.
Court Backlogs and Scheduling
New Jersey’s court system can experience delays, especially if there are backlogged cases in your county. This means that even if you and your spouse are prepared to move forward, waiting for court hearings and judge availability can slow down the process.
Willingness to Negotiate
The more cooperative both parties are, the faster the divorce will be. If spouses actively negotiate and compromise, they can avoid lengthy litigation. If one party refuses to engage in settlement discussions or mediation, the case could take much longer.
How to Speed Up the Divorce Process in New Jersey
If you want to complete your divorce as quickly as possible, consider these tips:
1. Choose an Uncontested Divorce (If Possible)
If you and your spouse can reach an agreement on major issues before filing, the process will move significantly faster.
2. Work with an Experienced New Jersey Divorce Attorney
A skilled New Jersey divorce attorney can help you navigate the legal process efficiently, avoid unnecessary delays, and ensure that all paperwork is completed correctly.
3. Use Mediation or Collaborative Divorce
Rather than battling in court, mediation or collaborative divorce allows couples to resolve disputes with the help of a neutral third party. These options are often faster and less expensive than litigation.
4. Stay Organized and Responsive
Gathering financial records, responding to legal requests, and attending all scheduled court dates promptly can prevent unnecessary delays in the process.
5. Be Willing to Compromise
Dragging out disputes over small details can significantly increase the length of a divorce. Focusing on the bigger picture and being open to reasonable compromises can help finalize your case sooner.
What Happens After the Divorce is Finalized?
Once the judge signs the Final Judgment of Divorce, the marriage is officially dissolved. However, some post-divorce matters may still need to be addressed, such as:
Enforcing child support and custody agreements
Dividing assets (such as transferring property titles)
Updating estate plans and beneficiaries
Handling name changes or reinstating a maiden name
If issues arise after the divorce is finalized—such as child custody modifications or spousal support changes—you may need to return to court for a post-divorce modification.
How Hoffman Family Law Can Help
Divorce is never easy, but understanding the timeline and legal process can help you prepare and reduce stress. Whether you are pursuing an uncontested or contested divorce, having a knowledgeable attorney by your side can make a significant difference in navigating the legal complexities.
At Hoffman Family Law, our New Jersey divorce attorneys provide compassionate and effective legal representation to help you move forward with confidence. We understand that every divorce is unique, and we are here to help you through every stage—from filing to finalizing your divorce as efficiently as possible. If you’re considering divorce or have questions about the process, contact Hoffman Family Law to schedule a consultation. Let us help you navigate your divorce efficiently and protect your future.
