Legal Separation

Technically, there is no such thing in New Jersey as a "legal separation." Separation simply means that you and your spouse no longer live together. Separation may occur by mutual consent or by one of you leaving or being expelled from your home.

Filing For Divorce

A formal written document called a "complaint" will be prepared by our office based upon the information you have supplied. You must sign a statement to verify that the information in the complaint dealing with marriage, residency, children and grounds for divorce are true. The complaint is filed with the Superior Court of New Jersey, Family Part. A copy of the complaint must then be served on your spouse, either by the County Sheriff, by mail or in person.

Since we only handle No-Fault, uncontested divorce cases, most of the Defendant Spouse we deal with sign an affidavit of service, acknowledging the receipt of the complaint. If they are not willing to sign, an affidavit by the County Sheriff acknowledging that the complaint has been served to the Defendant Spouse is just as valid.

Once service of the complaint has been established, our office requests a Hearing from the court. Currently, hearing date is usually scheduled within a month of the request. Only the Plaintiff needs to appear at a "No-Fault", uncontested Hearing.

Property Settlement Agreement

The parties may agree on signing a written agreement dividing marital property and setting forth support payments. A written agreement can be made prior to the complaint. The agreement can provide for: division of real estate and personal property; support, if any, payable to the dependent spouse and children; responsibility for debts and legal fees; health and life insurance arrangements; custody and visitation of children.

The property settlement agreement is filed with the court, along with the complaint. The terms of the agreement then becomes incorporated into the Final Judgment.

Final Judgment

At the Hearing, the judge will enter a "Final Judgment of Divorce". This will declare that the marriage has ended. The judge will sign the Final Judgment of Divorce and it will be filed with the Superior Court in Trenton. Copies of the Final Judgment of Divorce are immediately available to the parties.

The Final Judgment will also set forth items agreed upon or ordered, such as custody, support, and equitable distribution. After the Divorce, to make a change in support, custody, visitation etc, a formal motion must be made to the Superior Court. In this motion you must demonstrate a change in circumstances.