If you want to terminate your marriage in New Jersey, understanding the various requirements and regulations is crucial. To learn whether there is a waiting period to finalize a divorce, continue reading and work with a Union County divorce attorney for experienced representation in your case.
Is There a Waiting Period for Divorce in NJ?
New Jersey does not require a waiting period before a divorce can be finalized. Once all of the legal requirements are met and the relevant issues are resolved, the divorce can be granted, regardless of how long it has been since the complaint was filed.
What Are the Requirements for Divorce in NJ?
To successfully file for divorce in New Jersey, you must meet the state’s residency requirements and have a valid ground (reason for the divorce).
To meet the residency requirements, either spouse must be a resident of New Jersey for at least one year immediately prior to filing for divorce. However, if the grounds for divorce are adultery, the one-year requirement is reduced to either spouse being a resident of the state for any amount of time.
There are generally 9 valid grounds for divorce recognized under state law. Statute 2A:34-2 lists the following as valid causes for divorce.
- Adultery
- Desertion/abandonment
- Extreme cruelty
- Separation
- Substance abuse
- Institutionalization
- Imprisonment
- Deviant sexual conduct
- Irreconcilable differences
If you or your spouse meets the residency requirement and you can provide evidence of one or more of the above grounds, you can file the official complaint and initiate the divorce proceedings.
Are There Additional Requirements for Divorce Grounds?
Although there is no mandatory waiting period for the divorce to be finalized, it is important to understand that there may be additional time requirements depending on the grounds you are filing under.
Below are the divorce grounds that require certain timeframes to be met in NJ.
- Desertion/abandonment: The abandonment must be for a period of 12 or more months
- Extreme cruelty: The divorce must be filed at least 3 months after the last act of cruelty included in the complaint
- Separation: The couple must have lived separate and apart for a period of 18 or more consecutive months
- Substance abuse: The addiction or habitual drunkenness must last for a period of 12 or more consecutive months after the marriage
- Institutionalization: The spouse must be institutionalized for a period of 24 or more consecutive months after the marriage
- Imprisonment: The spouse must be imprisoned for a period of 18 or more consecutive months after the marriage
- Irreconcilable differences: The marriage must be broken for a period of 6 or more months
While you are not required to wait to finalize the divorce after filing the official complaint, it is important to understand the various time frames that may apply depending on the grounds you are filing under.
For more information and skilled representation, reach out to a skilled attorney at Ross & Calandrillo, LLC today.
