Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

New Jersey Uncontested Divorce Lawyer 

Going through a divorce is a complicated and often messy situation, however, when a couple is willing to compromise and work through issues together they can make this process a lot smoother.

This often works when a couple does not have considerable assets or children together. Or even if they do have extensively shared finances and children, sometimes a couple can be friendly even though they are splitting up.

These types of divorces are the best for everyone involved, to the adult spouses to the minor children. The less conflict involved the faster everyone can move on with their lives.

A New Jersey uncontested divorce lawyer can help you with the process and decide whether this is the best option for you. Speak with a distinguished divorce attorney and know that you are in capable hands. 

Benefits of an Uncontested Divorce

There are numerous benefits to an uncontested divorce over a contested one, some are:

  • Less expensive
  • Faster resolution
  • Better chance at future cooperation
  • Less trauma for children
New Jersey Uncontested Divorce Laws

Regardless of whether the divorce is contested or uncontested, at least one spouse must have lived in New Jersey for a minimum of one year. There are two basic types of divorce, a no-fault divorce or a fault based divorce.

With a no-fault divorce, there are also two types. The first is based on irreconcilable differences. The second is when there has been a separation for at least 18 months.

For a fault based divorce the basis can be adultery, at least two years of institutionalization in a mental health facility, cruelty, imprisonment for at least 18 months, alcohol or drug abuse, abandonment for at least one year, or deviant sexual behavior.

Following this, if both spouses can agree to an uncontested divorce they will have to find a way to come together to agree on all of the financial issues in their divorce as well as any child related issues. To obtain an uncontested divorce both spouses have to agree to how to divide their property, on potential spousal support, and on child custody and child support. If each person can agree to these issues then the divorce is uncontested and can move forward faster. Typically, a New Jersey uncontested divorce lawyer on both sides can help the parties reach these types of agreements so they can have an uncontested divorce.

New Jersey Divorce Process

The first step in filing for divorce is submitting a complaint for divorce to the court that includes the grounds for divorce whether it is no-fault or fault-based.

Then the complaint must be served on the other spouse through a private service process or the sheriff’s office. Alternatively, if this uncontested then the other person may be voluntarily agree to be served as long as they sign an acknowledgement of service in front of a notary.

This is when New Jersey uncontested divorce lawyers generally agree to meeting with both sides to negotiate the issues in the divorce. Both spouses will have to come to a compromise that they can agree to that will allow them to reach a settlement.

Once they do this,a person’s lawyer can ask the court for a final hearing to finalize the divorce usually by presenting the court with a settlement agreement signed by both spouses. Since neither side is asking the court to make a decision on any issue the process will be much faster.

How a New Jersey Uncontested Divorce Lawyer Can Help

If you and your soon to be former spouse can decide to end your relationship amicably then you can proceed with an uncontested divorce. Your New Jersey uncontested divorce lawyer can negotiate with the other person’s lawyer so that each person is satisfied with the divorce. Furthermore, your lawyer can create a draft of the agreement that the court will use to quickly conclude your divorce.