While some states have mandatory divorce waiting periods, there is no across-the-board, mandatory waiting period in New Jersey. To learn more about how long divorce takes, reach out to an experienced NJ divorce lawyer.
When you have made the decision to divorce, the last thing that you want to worry about is a mandatory waiting period that requires that you and your spouse stay married for a certain amount of time before your divorce can be finalized; instead, you want the matter settled and done with as quickly as possible. While there are some specific requirements regarding time in a New Jersey divorce depending on grounds for divorce, as well as residency requirements, there is no mandatory, across-the-board waiting period that applies to all divorce cases. As such, divorce can happen quickly in our state. Here is what you need to know:
Residency Requirements for Divorce and Waiting Time
Depending on your residency status in the state of New Jersey, you may have to wait to file your divorce action. This is because the state requires that at least one party to the divorce action live in the state for at least one year prior to filing. As such, if you and your spouse are new to the state, you will need to satisfy the 12-month requirement prior to filing your divorce action.
Grounds for Divorce and Time Requirements
As mentioned above, there is no mandatory “waiting period” for a divorce; however, there are some time requirements that are applicable to different grounds for divorce in our state. For example:
- If you are filing on the grounds of separation, New Jersey code holds that divorce on this grounds is appropriate “provided that the [parties] have lived separate and apart in different habitations for a period of at least 18 or more consecutive months…”;
- If you are filing on the grounds of willful desertion, the period of willful desertion must have lasted for at least 12 months or more; or
- If you are filing on the grounds of irreconcilable differences, the most common grounds on which parties file for divorce in New Jersey, you must demonstrate to the court that “irreconcilable differences have caused the breakdown of the marriage for a period of six months…”
The only grounds for divorce in New Jersey which does not have an amount of time attached to it is adultery; if you or your spouse has committed adultery or “deviant sexual conduct,” as it is referred to in the statute, then divorce can be sought immediately.
Call a New Jersey Divorce Lawyer to Learn More
Our lawyers understand that when you want to divorce your spouse, you do not want the process to drag on for months. When you work with the New Jersey divorce lawyers at Lomurro Law, our lawyers will advise you on best practices and tips for accelerating the divorce process while also protecting your best interests. To learn more, reach out to our law firm by phone or online today for help.