I want to file for an uncontested divorce in new jersey on my own. my husband will sign the paperwork. i have read that you must

Divorce 2 views 6 answers
live apart 18months . will we have to show documentation to prove this? we have not had sex in 4 years and dont even speak to one another though we live under the same roof. and he has cheated on me. has been since the beginning of our relationship i now believe. he is a narcissist by every meaning i have read online. we have no property and all bills are his. i dont want anything but my freedom and my maiden name back and he will be in total agreement. can we file on our own and get this over and done with and how long will it take?

Attorney Answers

6
Davidperry Davis ·
You do not have to live apart at all in New Jersey - whatever you read was wrong. If you use irreconcilable differences as your reason for the divorce, you can still be living together. I understand wanting to get it over with ASAP, you also need to think this through carefully -- it would be essentially impossible to come back later and say "Gee, I was entitled to alimony (or property division, or a share of pensions, etc)" and now I want it. You're making permanent decisions by getting a judgment of divorce. Unless it's a very short marriage with no kids and no income disparity, using a do-it-yourself kit isn't wise. If you do want to use one - http://www.njdivorcekit.com
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Yolanda NavarreteFamily Law AttorneyMorristown, NJNJ licensed ·
I have filed many divorces where the parties were separate in the same house in different bedrooms. In today's economy it is even more understandable. Often they live on separate floors. Now you need only 6 months for "irreconcilable differences". You do not have to provide proof. You will be stating the facts in the complaint.
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Robert Ricci ·
No proofs other than your statement made under oath in the Complaint and live testimony at the final hearing. But you may want to just plead "irreconcilable difference".
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John Ducey ·
Irreconcilable differences is your answer. You can file on your own. Uncontested divorces are fairly inexpensive though. Should take about 2 to 3 months at the most here in Ocean County John Ducey 732-458-5600
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James Caporrino ·
You can also file for irreconcilable differences, which is a 6 month cause of action. All you have to allege is that you and your spouse have experienced irrreconcilable diffrences for a period of at least 6 months prior to the filing of the complaint and that there is no prospect for reconciliation. You do not have to state specifically what those differences are. It should not take longer than 3 months as long as your spouse accepts service of the complaint and you take the necessary steps to enter a default if he does not answer the complaint. If he does answer the complaint you will both have to appear in court to enter an uncontested divorce or you could do it without him if you have a signed property settlemnt agreement.
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