Most people do not enter a marriage planning for divorce, so when the time comes, they often don’t know what to expect. Below is a concise overview of what to anticipate when filing for divorce in Camden County, New Jersey.
How Do You Establish Grounds for Divorce?
Divorce proceedings in New Jersey begin when one spouse files a Complaint for Divorce with the Family Division of the Superior Court in the county where either spouse resides. To file for divorce in New Jersey, at least one spouse must have lived in the state for 12 consecutive months prior to filing—except in cases of adultery, which do not require the one-year residency.
New Jersey recognizes both no-fault and fault-based grounds for divorce:
- No-Fault: Irreconcilable differences that have existed for at least six months, with no reasonable prospect of reconciliation. Eighteen months of separation with no reasonable prospect of reconciliation.
- Fault-Based: Grounds include adultery, extreme cruelty, desertion, addiction, institutionalization, deviant sexual conduct, or imprisonment. These grounds may influence outcomes related to alimony, custody, or equitable distribution, though no-fault divorces are more commonly used today.
In addition to selecting grounds, the filing spouse must decide whether the divorce will be contested or uncontested. A contested divorce means the parties disagree on one or more key issues (such as custody or asset division), while an uncontested divorce means they are in agreement on all terms.
What Information Is Included in the Paperwork That Is Filed?
The divorce process begins with the Complaint for Divorce, filed in the Camden County Superior Court – Family Division. The court then issues a Summons, which must be served on the other spouse within 30 days of filing.
Service is usually done via a process server, sheriff’s office, or by certified mail with return receipt requested, as permitted under New Jersey Court Rule 4:4-3.
The defendant (non-filing spouse) has 35 days from the date of service to respond:
- They can file an Answer agreeing or disagreeing with the Complaint.
- They may file a Counterclaim, asserting their own grounds for divorce.
- They can also file a Notice of Appearance to address specific issues like custody or spousal support.
If they fail to respond, the case may proceed as a default divorce, where the court considers only the plaintiff’s statements and evidence, and may grant the relief requested.
What Happens Once the Paperwork Is Filed?
The divorce process then moves into discovery, where both parties exchange detailed financial information. This step is critical because New Jersey is an equitable distribution state. That means marital assets and debts are divided in a way that is fair, though not necessarily equal, based on factors such as each spouse’s income, contributions, and future financial needs.
The discovery phase can also include custody evaluations, income verification, and asset appraisals, depending on the complexity of the case.
Whether the divorce proceeds to mediation or litigation depends on the parties’ ability to resolve their differences. New Jersey courts typically require early settlement panels or economic mediation for contested financial issues. If these do not lead to an agreement, the case may go to trial before a Family Court judge.
Divorces can be finalized in a matter of months if uncontested, or take over a year if highly contested or involving complex financial or custody matters.
Finalizing the Divorce
Once all issues are resolved through settlement or trial, the judge will issue a Final Judgment of Divorce, which legally ends the marriage and incorporates all terms regarding property division, custody, child support, and alimony.
Get Assistance From the Cherry Hill Divorce Lawyers at Burnham Douglass
This overview simplifies a process that can be highly complex depending on the circumstances. Legal representation is essential in protecting your rights and guiding you through each step. For help navigating a divorce in Camden County or anywhere in South Jersey, call the Cherry Hill divorce lawyers at Burnham Douglass at 856-751-5505 or contact us online to schedule a free consultation. Located in Marlton and Northfield, New Jersey, we serve clients in South Jersey, including Marlton, Evesham Township, Cherry Hill, Camden County, Burlington County, Northfield, and Atlantic City.