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How to File an Uncontested Divorce in New Jersey Without a Lawyer

How to File an Uncontested Divorce in New Jersey Without a Lawyer

In New Jersey, an uncontested divorce can be filed without an Attorney. If both spouses can reach an agreement on all of the details of their divorce, and they agree to file their divorce as an uncontested divorce, the legal process for filing an uncontested no-fault divorce and for finalizing their divorce is straightforward.

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In New Jersey, an "Uncontested Divorce", (commonly referred to as a "Simple Agreed Divorce" or an "Amicable Divorce"), both of the spouses agree about all of the terms of their divorce. On the other hand, when the spouses do not agree on all of the terms of their divorce it is said to be a "Contested Divorce".

Filing for an uncontested divorce in New Jersey and obtaining a final judgment of divorce is much simpler, less expensive and less stressful than filing for a contested divorce, because a contested divorce requires a trial before a judge.

A divorce is a type of judicial process that results in a court "order" signed by a judge that dissolves a marriage. In New Jersey the Order is called a Final Judgment of Divorce. In some other states it is called a Decree of Divorce. The Judgment of Divorce can also contain provisions that establish the post marital rights and obligations of the spouses regarding all issues relating to their marriage.

Some of the marital issues that are resolved in a divorce include: the division of the spouses' marital property (assets) and marital debts (liabilities); the payment (or waiver) of spousal support from one spouse to the other spouse; and the custody, visitation and child support of the unemancipated children of their marriage who are under the age of 18 years old.

In a simple divorce, the benefits of filing a do it yourself uncontested divorce in New Jersey without an Attorney in New Jersey is that it can be a quicker, cheaper and less emotionally stressful process to get divorced than litigating a contested divorce where one or more spouses have an Attorney.

New Jersey divorce law allows for the filing of an uncontested divorce based on the New Jersey "No-Fault" divorce grounds of "Irreconcilable Differences". This is New Jersey's version of no-fault divorce where a marriage has broken down for at least six months because the spouses are incompatible and there is no reasonable prospect of reconciliation.

In New Jersey, if the defendant does not serve an Answer to the plaintiff's complaint the plaintiff can request the Court to Enter a Default Judgment and grant a Default Judgment of Divorce.

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