Do u need to be separated for one year before getting a divorce?

Asked over 1 year ago - Paterson, NJ

I have been married for seven years and we have two kids together. i work and have medical and dental insurance on the kids. he has no job and no income. I also have one child from a previous relationship.

Attorney answers (6)

  1. Stacey Leigh Miller

    Contributor Level 9

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    Answered . You do not need to be separated for a year. However, you will need a Matrimonial Settlement Agreement to be divorced quickly.

  2. Ivan Raevski

    Pro

    Contributor Level 13

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    Answered . If you decide to file under "irreconcilable differences", all you need to show is that you and your husband have been having these differences for 6 months or more and there is no prospect of reconciliation.
    If you file under adultery, you don't have to wait at all.

    This answer should not be construed as creating an attorney-client relationship, and is for informational purposes... more
  3. Thomas S. Durst

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    Answered . You do not need to be separated for one year. You only need to be a resident of NJ for one year before filing.

    This post is not legal advice and does not create a confidential attorney-client relationship. It is being... more
  4. Yolanda Navarrete

    Pro

    Contributor Level 20

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    Answered . No. With "irreconcilable differences" you can get divorced without waiting.

    Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to... more
  5. Daniel A Levy

    Contributor Level 13

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    Answered . If you have "irreconcilable differences" that have lasted for at least 6 months, then the judge will dissolve the marriage. You do not need to be separated at all. This is known as a "quasi-no fault divorce." For a true no fault divorce, you need to be separated for at least 18 months.

    The issues about parenting time, child support, alimony, and dividing any significant property that you may own will be more complicated. My office is in Paterson, so please call if you would like to schedule a 100% free consultation at my office where we can discuss this further.


    Dan Levy
    973-742-1917
    dan@raffandraff.com

    This posting is just general legal INFORMATION and not legal ADVICE. Only your attorney can provide legal advice.... more
  6. John Thomas Doyle

    Contributor Level 13

    Answered . No. You do not have to wait a year. You should hire an attorney to file for divorce for best results..

    This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney... more

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