Blog

What is an uncontested divorce hearing in New Jersey?

Statistically speaking, 97%-98% of all divorce cases settle before trial. Of the remaining 2%-3%, half of those cases settle during trial. If you are going through a divorce, it is safe to say that your case will settle. I tell my clients that generally it is not a matter of “if,” but a matter of “when,” their case will settle.

Here is the breakdown of a divorce in New Jersey:

1. Settlement

There are barriers to settlement. In some cases, the parties are just not emotionally ready to settle. The case may linger while the parties take time to accept the end of their marriage and gain clarity and strength needed to participate in their divorce.

In other situations, a case may not be ready substantively to settle. Experts can be involved in determining the value of assets. A custody and parenting time evaluation may take place if custody is an issue. In these circumstances, a case may not settle until the experts conclude their evaluations and render their reports. These processes take time and can delay the settlement of the case.

Once all issues are known, the main goal of the spouses is to reach a settlement and memorialize the terms of same into a contract. This contract is known as a Property Settlement Agreement (“PSA”). It can also be referred to as a Marital Settlement Agreement (“MSA”) – the terms are used interchangeably.

2.  Property Settlement Agreement

A PSA is a written agreement between a husband and wife. The PSA addresses all issues arising out of a marriage. The PSA covers all relevant and germane issues of the marriage. Custody, parenting time, child support, alimony, and equitable distribution are the general areas for consideration. Subcategories of those areas can be complex. Tailor the PSA to your individual marriage and to the facts of your case.

3. Filing

The divorce can be finalized once the parties have settled their issues and a PSA has been prepared, reviewed, approved and signed. To finalize the divorce, one party (the Plaintiff) has to file a Complaint for Divorce asserting a legally recognized cause of action for divorce. Most people are filing under irreconcilable differences as the grounds for their divorce.

There are also fault based grounds for divorce. The most utilized fault ground is extreme cruelty. Other causes of action, such as desertion or adultery, give a basis for the filing of a divorce complaint.

As long as the parties have a fully executed PSA, the other party can simply waive the right to answer the Complaint and the right to appear at the divorce hearing. In that event, the couple can expect to be divorced within 3-4 weeks. In some New Jersey counties, you can be divorced by mail and never have to appear in court.

4. Finalizing the Divorce

At the hearing, the Plaintiff will appear before a Superior Court Judge and the parties will be divorced on an uncontested basis. The Judge will sign a Final Judgment of Divorce. This Judgment legally dissolves the marriage.

The divorce is final and the post divorce relationship is now governed by the PSA.

If you have questions about this post or any other family law matter, please contact me at jlawrence@lawlawfirm.com.

Back to Blog
SHARE THIS POST:

Related Posts

Blog
Divorce and executive compensation

How Executive Compensation Complicates Divorce Settlements During a recent survey, more than 35% of divorcees cited finances as the primary friction point in the marriage. The American Academy of Matrimonial Lawyers further found that divorce rates are higher among high earners than the average American and that divorce rates actually rise during periods of economic…

Read More
Blog
How to Address Power Imbalances in Family Law Mediation and Arbitration

Dealing With Power Imbalances in Family Law Disputes In New Jersey and throughout the nation, many family lawyers prefer mediation over litigation as a means to resolve family law disputes. Negotiated agreements allow for self-determination, and statistics show that mediated agreements are less expensive than litigation, much more likely to satisfy both parties’ disputes and…

Read More
Blog
Leaving An Abusive Relationship

Steps to Take When Leaving an Abusive Relationship Some studies have shown that intimate partner violence (IPV) accounts for more than 15% of all violent crime in the United States. IPV is not limited to physical abuse but extends to psychological, sexual, and financial harm as well. Leaving the relationship is the best solution for…

Read More
Blog
With NJ Courts Closed Can I Still Get A Divorce?

With Trials Suspended, Can You Still Get Divorced? Almost 30% of judicial positions are currently unfilled in two multi-county court jurisdictions in New Jersey: Vicinage 13 and 15. These vacancies have left the courts overwhelmed, and the fears of local divorce attorneys have come to pass as the courts have opted to suspend divorce and…

Read More
Blog
Dissipation of assets by your estranged spouse

Protecting Yourself From Asset Dissipation During a Divorce New Jersey divorce attorneys note that some level of marital asset dissipation occurs in a majority of divorces. While this is in some cases a serious offense that a judge will consider, experts recommend taking measures to protect your financial interests. The most important reason to take…

Read More
Blog
Nesting has some pitfalls

The Pitfalls of Nesting and How to Avoid Them While nesting as a strategy isn’t a new concept, more parents than ever are opting for it in the hopes of mitigating the negative effects of their divorce on their children. Nesting can certainly be difficult for the adults, and divorce attorneys generally advise a written…

Read More

Disclaimer and information can be found here, including links to descriptions and selection methodologies. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.