I want to use the divorce kit on Family Legal Services. I have no kids, no property no issues. We both want a divorce.

He has no problem signing so I do not have to get the paper work served. However, once I file the paperwork in my local county in NJ is it true that I will be divorced within a month from the date filed? Also, do I need to wait 6 months before I file for irreconcilable differences?

Sicklerville, NJ -

Attorney Answers (4)

Howard M Lewis

Howard M Lewis

Divorce / Separation Lawyer - Framingham, MA

Attorney Willams gave you one of the best and most succint yet comprehensive answers i have read on this site. The only thing I would add is to make sure that you understand your entire marital estate and all of your options and rights before finanalizing anything to protect your future. Take care and Hope that you find happiness.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
Ivan Raevski

Ivan Raevski

Divorce / Separation Lawyer - Metuchen, NJ

For irreconcilable differences you do have to have them for 6 months or more before filing. However with most people, the differences leading up to divorce last at least that long so usually this is not a problem.
As for being divorced within 1 month, this is not likely. Depending on the county, it usually takes 2-6 months to have all your paperwork processed and hearing scheduled.

This answer should not be construed as creating an attorney-client relationship, and is for informational purposes... more
Daniel Seth Williams

Daniel Seth Williams

Divorce / Separation Lawyer - Pacific Grove, CA

How long do I have to wait before I can file a complaint for divorce?

There are several grounds or legal reasons which allow the court to grant a divorce and rules that govern when you may file your complaint:

A. Adultery - There is no waiting period;
B. Extreme cruelty - You may file three months after the last act of cruelty occurred;
C. Desertion - You must wait 12 months after the desertion occurs before filing your complaint;
D. "No Fault" - If you and your spouse have been living separate and apart for 18 consecutive months, you may file a complaint for divorce with the 18 month separation as grounds.
Many states require a "cooling-off" period of separation for a specific length of time before no-fault divorce proceedings can begin. During this time, the couple is required to live separate and apart with the intent that the separation will become permanent. The duration of the cooling-off period varies according to state law. In New Jersey, after the 18-month separation period, the divorce decree is made effective immediately, but is still subject to appea

Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and... more
Ronald Glenn Lieberman

Ronald Glenn Lieberman

Divorce / Separation Lawyer - Haddonfield, NJ

You have to be a resident of New Jersey for at least a year before you file. The irreconcilable differences have to occur at least 6 months before you filed for divorce.

DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree... more

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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Uncontested divorce

An uncontested divorce is one in which spouses agree on relevant issues such as division of property, child custody/support, and alimony.

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