1. Gather Documents:
Before beginning the divorce process in New Jersey, it is important to have all relevant documents on hand. This includes the marriage certificate, birth certificates of any children, tax returns, bank statements, and other financial records. In addition, it is important to be sure that you have a copy of your spouse's health insurance policy, pension and 401K plans, income information, and any other assets that could be subject to property division.
2. File for Divorce:
Once all relevant documents have been collected, it is time to file for divorce in the state of New Jersey. All filings must be done at the Superior Court in the county where either party resides. The filing fees vary depending on the county but are usually around $300-$400 plus court costs. At this stage, a complaint should also be filed with specific details about the marriage and grounds for divorce.
3. Get Legal Advice:
During a divorce in New Jersey, it is important to have legal advice from an experienced attorney who can guide you through the process. An attorney can help you understand the laws and procedures, negotiate settlements, and represent your interests in court.
4. Serve Papers:
Once all of the necessary documents have been filed with the court, it is important to serve papers on your spouse so that they are aware of the proceedings and can respond appropriately. This is done by having a third party deliver a Summons and Complaint to your spouse or their attorney.
5. Attend Hearings & Mediations:
The divorce process in New Jersey includes several hearings where both spouses will need to appear so that issues related to child custody, spousal support, property division, and other matters can be discussed and resolved. In addition, couples may choose to attend mediation sessions in order to negotiate a settlement without going to court.
6. Finalize Settlement Terms:
Once all of the issues have been discussed and resolved, it is important to finalize the settlement terms in writing. This includes details such as who will keep what assets and property, how much child support or alimony will be paid, when payments are due, and any other provisions that were agreed upon during negotiations.
7. Finalize Divorce:
The last step in the divorce process is for both parties to sign a Judgment of Divorce which officially ends the marriage contract and outlines all of the settlement terms that were agreed upon. Once this document has been signed by both parties, each will receive a Certified Copy of the Judgment.
8. Record Closing Documents:
The final step in the divorce process is to record all of the closing documents with the county clerk's office. This includes filing copies of the finalized settlement agreement, any child support orders, and other court filings. Once this step is complete, both parties will be officially divorced.