The simple answer is you don't. If you are the one filing the divorce complaint, you simply file the complaint. If your spouse files an answer denying any of your allegations - - then you have a contested divorce. If your spouse files an answer without challenging any allegation, or files an appearance rather than an answer, then you have an uncontested divorce. If you spouse fails to file any response, you have a default. The basic information and documents you need are located on the judiciary website. http://www.judiciary.state.nj.us/prose/index.htm#family
Speak to your spouse to determine there are no issues you disagree on. If you have nothing to divide and no issues, then go to NJ courts on line and file complaint. Instructions should be there. In the alternative, call my office for a consult.
You must file a Complaint for Divorce and have the same served on your soon-to-be ex whether the matter is contested or uncontested. If the two of you have confirmed a settlement, the same should be reduced to writting and formally executed. With that document you can ask the court to set the matter down for an Uncontested Hearing for the purpose of granting the Final Judgment of Divorce in accordance with the terms of the settlement.
The Answer provided was based on the limited information provided, and represents information based on the law in general, not a legal opinion that can be relied upon. Before a formal legal opinion can be offered I would need an opportunity to review all possible relevant facts and circumstances. You cannot rely on the advice of an attorney given over the internet. The exact facts of your sitaution, including facts which you have not mentioned in your question, may completely change the opinion that is being offered. Please be aware that the above comments are neither protected by attorney-client privilege, nor may the same be the basis for a malpractice lawsuit.
If you truly have no issues (no children, short term marriage, no joint property that hasn't been divided, comparable incomes, no other issues), then either go the judiciary website and "do it yourself" or go to: http://www.njdivorcekit.com .
Note that "doing it yourself" has risks - a court is not likely to let you change the terms of a judgment simply because you chose to proceed on your own. If there are potential issues at all, get a consult - most attorneys will give a brief one without charging you for it.
IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
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