How long an uncontested divorce takes depends on multiple aspects of the relationship and situation. For legal counsel during your separation or divorce, contact a Clark divorce & family law attorney today.
Uncontested vs Contested Divorce
An uncontested divorce proceeding can take place when both parties involved are able to agree on the major issues relevant to their divorce. There is a variety of things that need to be discussed and settled before a divorce can be finalized. When both spouses have the same desires or compromise on certain issues, the divorce is uncontested and easier to handle.
However, if the parties cannot agree on one or more of the terms, they are in what is known as a contested divorce. It occurs when one spouse contests a desire of the other and the two cannot come to an agreement.
What Are the Major Issues in a Divorce?
There are generally five major issues that must be addressed in any divorce. A prenuptial agreement may cover one or more of the topics, but typically the following will need to be agreed upon.
- The division of assets
- The division of liabilities
- Spousal support
- Child custody
- Child support
How Long Does it Take to Resolve an Uncontested Divorce in NJ?
New Jersey state law does not require a mandatory waiting period or legal separation before getting divorced. This is important as it expedites the process of terminating the marriage. In a no-fault uncontested divorce, there are generally fewer steps that must be completed. Between filing the original complaint, serving the papers to the other spouse, and being issued the final divorce decree, a very fast divorce can take as little as 6 weeks.
Although this is possible, very few divorces are actually finalized within that timeline. The average uncontested divorce lasts approximately 2 to 6 months depending on various factors.
What Factors Influence How Long It Takes to Finalize My Divorce?
Several factors can impact the amount of time it takes for a divorce to be finalized. Generally, the longest part is the negotiation process when attempting to reconcile certain issues and topics. However, in an uncontested divorce, this is a non-factor.
The aspects of divorce that can influence how long it takes for the decree to be issued include the following.
- Response: After the papers have been served to the other spouse, they have 35 days to respond. The faster they respond the faster the next steps of the process can commence. However, if they take the entire 35 days or fail to respond on time it can delay the process.
- Complexity: In high-net-worth divorces or ones that deal with child custody, the settlement process can be more complicated and time-consuming.
- Court availability: One of the most time-consuming factors in a divorce is often simply waiting for a court date to become available. Even if both spouses agree on all issues, if the court has a backlog of cases they may be forced to wait additional weeks or months to finalize their divorce.
For more information regarding your rights and the length of your divorce process, contact an experienced family law attorney.