The divorce process is often painful for both parents and children. In addition to detangling your lives emotionally, you need to divide up property, assets, and determine child custody and support.
You’ll also likely need to find a new place to live, and some previously stay-at-home parents may need to re-enter the workforce unexpectedly.
Although some couples may be tempted to speed up the divorce process and put the relationship behind them as soon as possible, it’s better to take your time and ensure you’re happy with all the agreements and that everything is done according to the law.
Particularly if you have children or have had a long-term marriage, you will benefit from the expert counsel of the family lawyers at Lyons & Associates P.C. Our team can ensure that you receive your rightful share of your marital property and that child support is fairly calculated.
The Divorce Process: How Long Does a Divorce Take?
In New Jersey, the divorce process can take from as little as six weeks to a year or more. Divorce length depends on several factors, including the type of divorce (no-fault or fault-based), length of the marriage, number of disputes, and if there are children involved.
Going to court can significantly lengthen the time your divorce proceedings take. Working with lawyers to come to agreements without the court will likely result in shorter divorce proceedings and more equitable agreements.
If you are just starting the divorce process, you’ll need to consider these factors when determining how long it will take.
Type of Divorce
In New Jersey, there are no-fault and fault-based divorces. After 18 months of living in separation or due to irreconcilable differences for at least 6 months, you can file for a no-fault divorce. To make the transition more comfortable, you may want to come to a separation agreement concerning alimony and child support, which can later be the template for your divorce decree.
No-fault divorces may take less time to process because you won’t need to prove someone’s wrong-doings. You’ll only need to negotiate the terms, including child custody, support, alimony, and asset division.
In fault-based divorces, you’ll need to show that one partner is responsible for the divorce due to factors including desertion, extreme cruelty, adultery, addiction, or incarceration. These types of divorces can take longer since you will need to show proof to the court.
Contested or Uncontested
The other major factor in determining divorce length is whether the divorce is contested or uncontested. An uncontested divorce means you both agree on all major decisions without needing court input. Although you will still want to work with a lawyer, these types of divorces are generally cheaper and take less time.
You’ll have to go through a contested divorce if you and your ex-partner cannot agree on certain aspects of the divorce. The most common disagreements are typically about alimony, custody, and property division.
Contact a Divorce Lawyer at Our Law Firm
If you’re separating from your spouse, you should contact an experienced divorce lawyer to protect your interests. At Lyons & Associates P.C., we have extensive knowledge about all New Jersey divorce laws, including experience with child support, alimony, separation agreements, and uncontested and contested divorces.