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What Is the Least Amount of Time for Separation in Order to Get a New Jersey Divorce?

Posted on : February 22, 2019, By:  Erlina Perez
New Jersey Separation Period For Divorce

What Is The Typical Separation Period For Obtaining A Divorce In New Jersey?

Trying to move forward with your New Jersey divorce after deciding to separate can be especially difficult, particularly when you feel that the marriage is irretrievably broken but you are not sure about the statutory requirements for how long you need to be separated. This is why you need to retain a New Jersey divorce lawyer immediately.

Having to wait to file paperwork can be frustrating when you are ready to move on with your life. Typically, no waiting period is required in New Jersey if you have been married for more than six months. A divorce can proceed immediately if you can show that certain incidents have occurred, such as adultery. You’ll need to share the facts of your specific case with your New Jersey divorce attorney to help you avoid unnecessary delays in the case. How long you must be separated in general depends on the reason for the divorce.

New Jersey Living Requirements For Divorce Filings

The law no longer requires that the parties have to live apart for a certain period before filing. Instead one spouse may allege that irreconcilable differences have occurred, and this is a no fault ground. This ground does have a time requirement of showing that the differences have occurred for more than six months, but this is typically not an issue for a couple that has been married for over six months. It can be difficult to argue against a filing spouse’s allegation about when the marriage began to dissolve since this assessment is highly subjective and personal.

Grounds For Divorce In New Jersey

Even though the laws of New Jersey now recognize irreconcilable difference grounds, if you need to dissolve a marriage based on separation, the laws require only that you live separately for a minimum of 18 months.This means that you have lived apart with no reasonable possibility of reconciling and have been in different residences during this time.

Get Ahead On Your Divorce With A Compassionate Divorce Lawyer

Schedule a consultation with an experienced New Jersey divorce lawyer to help you with your case. Your attorney can help you determine the specifics in your case and how those translate to the length of time that your case might take in the court system.