How Long Does Divorce Take in New Jersey?

Divorce is often one of the most stressful and emotional legal processes a person can go through, and one of the most common questions clients ask is: How long is this going to take? The answer depends on a range of factors, including the complexity of the case, the level of conflict between spouses, and whether the divorce is contested or uncontested.

Understanding the typical timeline and what influences the length of a divorce can help you set realistic expectations and better prepare for the road ahead. Read on for a general discussion of this topic. For specific guidance and representation devoted to your unique situation in Union, Essex, or Middlesex County, contact the Law Offices of John B. D’Alessandro to visit with an experienced and dedicated Union divorce lawyer.

The Minimum Timeline: No Waiting Period

Unlike some other states, New Jersey does not impose a mandatory waiting period before you can file for divorce. So long as you meet the residency requirement, which is that at least one spouse has lived in New Jersey for 12 consecutive months before filing, you can initiate the divorce process. However, if the grounds for divorce are based on “irreconcilable differences,” those differences must have existed for at least six months before filing. A divorce can also be initiated after an 18-month separation without further delay.

Once those conditions are met, you can file and theoretically complete a divorce relatively quickly if both parties are in agreement and work cooperatively. However, very few cases are resolved immediately.

Uncontested Divorce: The Faster Route

An uncontested divorce is when both spouses agree on all the key issues relevant to their divorce, such as property division, alimony, child custody, and child support. Because there is no need for litigation or extended negotiation, uncontested divorces tend to move much faster.

Once the divorce complaint is filed and served, the responding spouse has 35 days to answer. If they do not contest, a settlement agreement can be finalized and submitted to the court. The court will then schedule a hearing to review and approve the agreement. In some cases, an uncontested divorce can be finalized in as little as three to five months.

Contested Divorce: When It Takes Longer

When spouses disagree on major issues, the divorce becomes contested. This requires a longer process that may include:

• Discovery, where each side gathers information and documents from the other;
• Motions for temporary orders, such as child support or custody;
• Court-ordered mediation;
• Multiple court hearings;
• Potential trial before a judge.

This more involved process can stretch out the timeline considerably. On average, a contested divorce in New Jersey takes about 12 to 18 months from the date of filing to resolution, but cases involving complex finances, business interests, or heated custody disputes may take even longer.

Mandatory Steps That Affect the Timing of a Divorce in New Jersey

Even in relatively simple cases, divorces must go through certain mandatory steps, including:

• Case Management Conference (CMC): Typically held a few months after filing, this is where the court sets deadlines for discovery and outlines the schedule.
• Early Settlement Panel (ESP): In cases involving financial disputes, the parties must attend this session with attorneys to try to resolve issues before trial.
• Economic Mediation: If ESP is unsuccessful, the parties must go through mediation with a court-approved mediator.
• Intensive Settlement Conference (ISC): A final court-ordered attempt to resolve disputes before trial.

These procedural requirements can slow down the timeline, even if both parties are motivated to move quickly.

Factors That Can Delay the Process

Several common factors contribute to delays in the divorce process, including:

• Disputes over child custody or parenting time;
• Valuation of property, businesses, or investments;
• Hidden assets or complex financial holdings;
• A non-cooperative spouse;
• Changes in legal representation mid-process;
• Scheduling conflicts with the court or attorneys.

Sometimes delays are unavoidable, but working with an experienced family law attorney can help you navigate roadblocks and keep the process moving forward as efficiently as possible.

Ways to Speed Up a Divorce

While you may not be able to control every aspect of your case, there are some steps you can take to avoid unnecessary delays:

• Be prepared and organized with financial and personal documents;
• Communicate openly with your attorney;
• Stay responsive to deadlines and court requirements;
• Be willing to compromise when appropriate;
• Consider mediation or alternative dispute resolution to settle differences outside of court.

Contact the Law Offices of John B. D’Alessandro for Efficient and Effective Divorce Representation in Union

There is no one-size-fits-all answer to how long a divorce will take in New Jersey. An uncontested divorce might be completed in a few months, while a contested case with complex issues could take more than a year. Understanding the legal process and working with a knowledgeable family law attorney can help you make informed decisions and avoid unnecessary delays.

At the Law Offices of John B. D’Alessandro, we represent clients throughout Union, Essex, and Middlesex counties with care, clarity, and tenacity. Whether your case is simple or complex, we’re here to guide you through every step and help you reach a resolution that serves your best interests. Contact us today to discuss your situation.