COVID-19 has caused massive societal changes, including in the consumption of legal services. As long as you have the resources, it’s never been easier to buy things and have them delivered to your home in 2 days. More people work from home, and many of them will stay there as the pandemic grinds on. Starting this past June, it’s also never been easier procedurally or logistically to get a New Jersey divorce.

A Divorce Without Court Appearances

Directive #18-20 from the state’s Administrative Office of the Courts published instructions for courts to enter defaults and uncontested judgments without the parties appearing in court in most dissolution (divorce) proceedings. Couples reaching comprehensive agreements do not need to show up in court to get divorced.
The judge assigned to your case can have proceedings done remotely through the use of the telephone or a teleconference. Cases that can be processed this way include verified divorce complaints, annulments, and dissolutions of civil unions and domestic partnerships.

Default cases are those where a spouse files for divorce, gives proper notice to the other spouse, who doesn’t file a timely response with the court. These uncontested cases involve spouses who either just want to end their marriage/civil union/domestic partnership or, in addition, the two agree on all the issues between them (such as child custody and parenting time, child support, spousal support, and property distribution).

If there’s a property settlement agreement, each side must submit a certification acknowledging they have a right to attorney review of the agreement before they sign it. The spouse filing can resume using the name they used prior to getting married as state law permits.

Uncontested Divorces Can Be Simpler and Cheaper…

Court appearances cost time and money. There could be multiple appearances depending on the couple, the issues being contested, and how difficult they want the process to be for their spouse. They often involve both sides arguing over one topic or another. All this increases divorce fees and costs for everyone involved.

Most spouses reach an agreement and avoid the need for a trial. If a couple has few assets or they have clearly separated them and no children are involved, they could seek an immediate dissolution. When relationships are more complex, if all the issues can be ironed out prior to the filing, the divorce also could be concluded with little court involvement.

…But Simpler Isn’t Always Better

Don’t choose simplicity for the sake of simplicity. You need to protect your rights and interests and those of your children. You should consult with a lawyer before starting the process. There may be issues you’re not aware of that you need to consider. You can’t get a “do-over” divorce, so you need to measure twice and cut once.

If your relationship is more complicated, you may have some wealth, you share children, and you might own a closely held or family-based business. Even if you opt for a simpler process, issues like spousal support, asset and debt division, child custody and support must be completely worked out to avoid a trial. This may take some couples longer than others, but almost all couples resolve their differences without the need for a contested trial.

Do Your Homework

New Jersey not only provides a simpler process you might use, but it also gives you background information to help you understand the law and what’s going on. Although what’s available isn’t legal advice and shouldn’t be used as such, the New Jersey court system has online material that can help you understand the law and your legal rights. There’s a divorce “Self-Help Center” with useful information, including:

● How to file for divorce
● Responding to a divorce complaint
● Contested and uncontested cases
● Settling your case
● Modifying a divorce order

Kingston Law Group urges everyone to educate themselves about their rights and obligations in the divorce process. If you know what’s going on, you tend to worry less. It can also help you “game plan” your divorce. There are things that you and your spouse care deeply about. If you’re in conflict, knowing how divorce works can help you think about possible compromises that both sides can agree to and live with.

When deciding on a divorce gameplan, don’t rely on everything you learn on the internet, even when it’s from a reputable source like the State of New Jersey. There’s too much at stake for you to go through this alone. You need the help of the Kingston Law Group. Our attorneys are experienced in New Jersey family and divorce law.

Kingston Law Group: Get the Help You Need from Attorneys You Trust

If you have any questions about the divorce legal process, call the Central Jersey law offices of Kingston Law Group at 609-683-7400, or contact us online, for a near-term reduced fee initial consultation. We will listen to your facts, explain the laws, and advise you how to obtain legal, economic, and social justice. We will give you your best options to protect your legal rights and interests and those of your child(ren). Call today. You will be glad you did.