How Long Does Divorce Take in New Jersey?

Nobody enters a marriage expecting that, at some point down the road, they may find themselves wondering how long it will take for that marriage to legally end. Unfortunately, divorce is a reality for many couples throughout New Jersey, and when it becomes clear that the relationship cannot be repaired, people often want answers as soon as possible. The honest answer is that because every divorce is different, there’s no firm timeframe for exactly how long every divorce takes. That said, there are various factors that can significantly influence the duration of any given divorce. Read on and reach out to the dedicated divorce lawyers in Sussex County here at Gruber, Colabella, Thompson, Hiben & Montella to learn more. Here are some of the questions you may have:

What Factors Can Make a New Jersey Divorce Take Longer?

The greatest factor in nearly every divorce case is whether the spouses are able to reach an agreement. When both parties are willing to communicate, exchange information, and work toward a fair resolution, the process is often far more efficient. On the other hand, a divorce may take longer when spouses disagree about one or more of the following:

• Child custody and parenting time
• Child support
• Alimony or spousal support
• The division of the marital home
• Retirement accounts, investments, and other assets
• Credit card debt, loans, or other marital obligations
• Whether one spouse has hidden assets or income
• The value of a family business

Even when a case begins cooperatively, disagreements can arise once financial documents are reviewed or settlement discussions become more serious. In some situations, one spouse may refuse to provide information, make unreasonable demands, or simply delay the process. Naturally, these issues can add time to the case.

It is also important to remember that a spouse served with divorce papers generally has 35 days to file a response with the court.

How Long Does an Uncontested or Mediated Divorce Take in New Jersey?

An uncontested divorce is generally one in which both spouses agree that they want a divorce and are able to resolve the major issues without asking a judge to decide them. In many cases, an uncontested divorce can be completed in several months, though the exact timeline will depend on the court’s schedule and how quickly the paperwork is prepared and submitted.

Mediation may also help couples avoid a drawn-out court battle. During divorce mediation, a neutral mediator helps spouses discuss disputed issues and work toward a mutually acceptable agreement. The mediator does not take sides or make decisions for the couple, but the process can make productive conversations easier. A mediated divorce may move more quickly because the parties can often:

• Schedule sessions around their own availability
• Address issues one at a time
• Avoid extensive court appearances
• Keep control over the final agreement
• Reduce the hostility that often accompanies litigation

How Long Does a Litigated Divorce Take in New Jersey?

A litigated divorce is one in which the spouses cannot settle all of their issues and must ask the court to become involved. These cases often take longer (several months) because they may require formal discovery, motion practice, case management conferences, settlement conferences, expert evaluations, and possibly a trial.

In a litigated divorce, each party may need to gather and exchange documents concerning income, assets, debts, property, and other relevant matters. If there are disagreements about custody, the court may also need additional information before determining what arrangement serves the child’s best interests.

While it is understandable to want the divorce over as quickly as possible, rushing into an agreement without understanding its consequences can create problems later. Here at Gruber, Colabella, Thompson, Hiben & Montella, we can review the facts of your case, explain the issues that may affect your timeline, and work to obtain a favorable outcome on your behalf. Contact us today so we can get started.