New Jersey Divorce Laws-Frequently Asked Questions |
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| 1. What is the residency requirement for divorce in New Jersey?
A person becomes eligible to file a divorce in New Jersey when s/he has completed 1 year residence in New Jersey. |
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| 2. Is it necessary for both of the spouses to be residents of New Jersey?
According to New Jersey divorce laws, one of the spouses must be a resident of the state to claim a divorce. However, New Jersey divorce laws do not require both of the spouses to be residents of the state. |
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| 3. Is there any complication if my spouse is not in New Jersey?
The only complication you will face is to serve the divorce papers in the state in which your spouse is living. Serving papers stand for giving official notice according to New Jersey divorce laws. |
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| 4. How much a divorce in New Jersey costs?
The court charges a filing fee which is $160, and each motion will cost $15. Lawyers charges different fees. It may range from $1,000-$10,000. |
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| 5. I can't afford a divorce lawyer. Is there any other way of representing myself in the divorce court?
Yes. If you can not afford to hire a divorce lawyer, divorce laws of New Jersey let you represent yourself in the divorce court. |
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6. Can I hire a divorce attorney or divorce lawyer on a contingent fee basis?
The answer is NO. According to New Jersey divorce laws no divorce lawyer can work on the contingent fee basis. |
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7. What is the amount to be paid as child support?
There is no definite percentage fixed as child support. The court will take in account the income of your spouse and then decide how much your ex- spouse can pay as child support. |
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8. Is there any fixed amount for alimony?
It depends on your spouse's income, your differences with him and the duration of your marriage. Alimony issue is decided on the basis of these factors. |
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| 9. Everything is well-settled between me and my spouse; do we still need a divorce attorney?
Even if you and your spouse have no issues worth settling, it is still advised to hire a divorce attorney to help you with documentation. You and you're your spouse should hire two different divorce attorneys. |
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10. What is mediation?
Mediation is the settlement between husband and wife to resolve all the issues regarding custody, alimony or property in the presence of a mediator. |
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| 11. If we have settled all the issues, how much time will it take to be divorced?
It will take at least a month to get divorced, but if you want to remarry and can't wait then judges may decide quicker if you request. |
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| 12. Is it necessary for me to go to court?
Yes, New Jersey divorce laws require you to go to the court on each hearing. |
