How Long Will My NJ Divorce Take?

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If you are going through the divorce process, you may be wondering how long it will take. Continue reading and give our skilled Hackensack, New Jersey divorce lawyer a call today to discuss the details of your case and your options. Our legal team is on your side each step of the way. Here are some questions you may have:

How Long Does it Take to Get a Divorce?

Keep in mind that most divorces take about a year, but your divorce may be quicker if it is uncontested or you and your spouse are able to reach an agreement fast.

State Requirements that Delay Divorce

State laws set requirements that can affect how long it takes to complete a divorce.

Residency Requirements

It is important to note that before you can consider how long it will take to get a divorce, you must first determine if you are qualified to file for divorce in the state you are living in. Most states (except for Alaska, South Carolina, and Washington) require you to be a resident for a certain period of time (often three to six months) before you can file for divorce in that state. The goal of these laws is to stop people from shopping around for the state with the most favorable laws.

If you do not yet meet your state’s residency requirements, you will have to wait until you do or think about filing in another state where you meet the requirements.

Waiting Period or Cooling Off Period

Many states impose a waiting or cooling-off period that requires the parties to wait a certain period of time (usually 30 to 90 days) to ensure they really want a divorce before moving forward. Several states even have no waiting period at all, but they are the minority.

Mandatory Separation Period

Some states set a mandatory separation period, which is separate from a waiting period. It is a period of time (usually at least six months) during which a couple must live separately before their divorce can be completed. Not every state requires this, however, those that do typically have fault-based divorces (where one spouse is blamed for the divorce).

What Are Prenuptial and Postnuptial Agreements?

A prenuptial agreement is a contract entered into by a couple before they marry, specifying how they will divide their assets and determining spousal support should they ever divorce. A postnuptial agreement resolves the same issues but is entered into after they are married. If a couple has made one of these agreements, it simplifies the divorce process because the issues they have resolved in the prenup or postnup do not need to be litigated.

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If you are facing any family law matter, contact HD Family Law today to schedule your initial consultation.

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