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

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.

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Attorney answers 6

Best Answer

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


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 the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.


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 only, not legal advice.


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 offered for informational purposes only. You should not relay any confidential or priviliged material in this public forum. You should not rely on this post as legal advice. In order to obtain a more comprehensive answer to your question you should consult with an attorney of your choosing.


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

This posting is just general legal INFORMATION and not legal ADVICE. Only your attorney can provide legal advice. If you would like actual advice about your particular case, please contact me for a consultation.


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 advertising.

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