New Jersey Divorce FAQ's

I want a divorce but my spouse does not, can I still obtain a divorce?

Yes. While you can get a divorce in New Jersey without your spouse's signature, it will take longer if he or she contests the divorce.

Do I have to go to trial to obtain a divorce?

No. If you cannot resolve all issues in your case, you will go to trial. However, it is very unlikely your case will actually go through a whole trial. The court rules require that certain steps are taken in a divorce and with these steps, many couples are able to obtain a divorce without a trial in New Jersey.

Do I need an attorney for a divorce in NJ?

You do not, but having a qualified New Jersey divorce lawyer is highly recommended.

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How fast can I get a divorce?

In some counties,  thirty (30) days (if your spouse signs and waives any form of relief). In other counties sixty (60) days or more.

How much is the filing fee for a divorce?

$300.00 without children/parenting class fee. $325.00 with children/parenting class fee.

Do my children need to go to court?

No, your children do not have to go to court during your divorce proceedings.

Can my spouse and I enter into an agreement without the Judge's approval?

Yes. The court actually prefers that you do enter into an agreement rather than decide your case.

I signed a prenuptial agreement; can I get out of it?

In certain circumstances, Yes.

I cannot locate my spouse; can I still obtain a divorce in New Jersey? 

Yes. You need to obtain a divorce by publication.

My spouse cheated on me; can I use that or claim that in a divorce in New Jersey? 

Yes you can.

My spouse makes less money than me; do I have to pay alimony in New Jersey? 

You only have to pay alimony in New Jersey is if you agree to it or are court ordered to do so.

My spouse and I have children; do I have to pay child support in New Jersey?

If your spouse has residential custody, yes you do have to pay child support. However, if you and you spouse agree to an amount, you can do it that way.

I do not think my spouse will pay the support ordered by the NJ court; what can I do? 

The best way to handle alimony or child support in NJ is by using the county probation department.

I want to relocate out of New Jersey with my child; can this be dealt with in a divorce? 

Yes.

I am unhappy with my current New Jersey divorce attorney; can I change my attorney during a divorce case? 

Usually you can change attorneys but first try to talk to the attorney and discuss what you are unhappy about.

I do not want a divorce, but my spouse does; can I stop it? 

No, but you can fight it, which will delay the divorce for months or even years (if there is good reason, etc.)

Will I be forced to sell my home if I file for divorce in New Jersey?

A Judge could potentially order the sale of a home or properties. However, if you resolve your case with your spouse, you may be able to avoid a sale. You can also sell the property in the future if you and your spouse agree.

How are retirement funds handled during a divorce so that I am not taxed or penalized? 

Through QDROs, you can avoid immediate taxation.

Where do I file for divorce in New Jersey? 

At your County Courthouse which is in the County Seat.

While these questions address some issues, divorce has many other complex issues that are involved which cannot be addressed adequately online. If you seek more answers and/or seek to hire a divorce lawyer in New Jersey, call us in our Jersey City office today. 

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