Generally, you should expect a divorce in New Jersey to take about a year from filing to entry of final judgment. The more complex a divorce is and the less the parties agrees upon, the longer it will take. The key is how much you and your spouse agree to and how quickly you can resolve the differences that remain.

Speeding up a divorce depends on your:

• Emotional state: Are you willing to let go and address the issues calmly and without undue anger? Can you be logical and reach agreements?
• Organization: There are many documents and facts to be gathered during the divorce process. How well can you find, organize, and analyze them?

A marriage can quickly end, but a divorce lasts forever. If a marital relationship is going to end, many want to move on with their lives as soon as possible. But that need for speed is a disadvantage when it comes to negotiations. You may end up with a less favorable agreement for the sake of getting it done fast. It’s up to you to set your priorities and, like informed medical consent, understand the costs and benefits of the divorce approach you wish to take.

What Can Slow Things Down?

Every divorce is unique. Typically, if there are fewer assets, no children, and the spouses don’t see divorce as an opportunity to wound each other emotionally, then divorce agreements can happen more quickly and the sooner a final divorce judgment will be entered.

The more complex the issues, the greater the emotional upheaval, the more likely disagreements will arise. Are there custody or parenting time disputes?  If a child has a disability or college tuition is on the horizon, those issues can be contentious. Situations that can cause disagreements include the ownership of a closely held business, the couple or either of the parties is deep in debt, or either party is looking for substantial alimony support.

Other problems arise when either or both of the parties are difficult. Perhaps they (or one of them) are emotionally unprepared to handle what can be a very draining, painful, expensive process. The couple is hurt, angry, and may feel a need to punish the other spouse.  In those circumstances, we recommend counseling, at least individually for our client, but sometimes separation counseling to help the parties ease into the divorce process.  This is not reconciliation counseling, but rather couples work for the express purpose of letting go.

More problems come up when a spouse tries to hide assets or income. This is especially a problem when one owns a business and is willing to engage in fraud, so as little money as possible is shared with the other spouse. If a spouse isn’t cooperating, court orders to compel disclosure of information and documents may be issued. There could also be discovery depositions and forensic financial experts brought forward to determine a spouse’s business assets and income.

A party who intentionally sabotages the divorce to delay proceedings, hike their cost, hurt the other party gratuitously, or cheat their way through the process is simply not welcome as a client of our office.  We protect our clients against people like that. The Family Court, mediators, arbitrators, and collaborative law practitioners expect both parties to be part of the solution, not part of the problem.

What Can Speed Things Up?

We encourage our clients to put in time and effort to prepare for and cooperate in every step of the divorce process: (1) the Complaint, Answer and Counterclaim, or Entry of Appearance; (2) child custody and economic discovery; (3) Early Settlement Panel; (4) mediation; (5) Intensive Settlement Conference; (6) trial; or (7) Alternative Dispute Resolution (mediation, arbitration, collaborative law). 

Cooperation speeds the divorce process significantly; contention slows it down significantly.  Some people observe: “If these folks could cooperate, they would not be divorcing.” That is simply inaccurate.  You can (and should) cooperate with someone whose interests may be adversarial with yours and they should with you, because both of you share an interest in one or more of these: (A) preserving assets, (B) sustaining relationships with children, friends, and extended family, and (C) avoiding huge legal fees and costs.

Here are some additional suggestions to move the process along:

• Narrow the issues. What can you agree upon? What, if any, conflicts remain? The more you agree to, the less likely you or your spouse are to dig in on what remains, thereby risking a comprehensive settlement. IN that sense, trial is a failure of communication and cooperation.  It is the most expensive and time consuming dispute resolution process of all.
• Organize your paperwork. Information and documents are needed to determine who is entitled to what and who is responsible for which Gathering paperwork earlier than later will move things along. This includes tax returns, W2 ‘s and 1099s, and closely held business documents. Pull together documents covering stock options, deferred compensation, bonuses, commissions, and all other employment “perks”. What are your assets and debts? If you have a house, you need to determine its value and find out how much of your mortgage remains unpaid. Copy and supply your checking and savings account statements, money market accounts, CDs, stocks, bonds, IRAs, 401Ks, 403Bs, SEP accounts, retirement accounts, pensions, and deferred compensation plans. Gather documents showing any loans taken against these accounts, large withdrawals, liquidations, or transfers. If one or both of you will qualify for a pension, find the most recent pension statement so the total benefit amount and expected monthly payments can be calculated. What’s the status of student loans, credit card bills, hospital bills, and unsecured personal loans?
• If you own vehicles, what are they worth? Are there any outstanding loans on them? Put together a list of furniture, furnishings, and household items. Do you have any coin, stamp, or art collections? If so put together a list and their value (you may have already done so for insurance purposes).

Take the Next Step: Contact Kingston Law Group

Plowing forward blindly towards a NJ divorce is not a good idea if you want to speed things along. There could be complex issues of which you are dimly aware that that you must understand. When should you hit the gas?  When the brakes? You definitely want to get to your destination (a new, post-divorce life) intact and without crashing.

Kingston Law Group’s Team Members will always do our best to move you from the initial consultation to a final judgment of divorce in a fair and reasonable time.  We always will tell you the truth about what is going on in the process and take your concerns into consideration when responding to the Family Court or your spouse’s legal representative.  We do not control the other party or their counsel, of course, yet we will do what we must, with your permission and consent, to get the divorce finalized.  And we are fierce advocates when that is needed.  We are “Compassionate Counsel and TOUGH Advocates.” Call us at 609-683-7400 or contact us online to schedule a near-term initial consultation at a reduced rate.  We are conveniently located in Central Jersey’s Kingston community. Call today. You will be glad you did.