There are several steps to complete if you and your spouse want to divorce in New Jersey. First, you must determine whether you are eligible to file.
Divorce process
Before you can file, you or your spouse must meet residency requirements. This means one or both of you must have lived in New Jersey a year or more.
The process starts when one spouse files a complaint with the court in the county where either spouse lives.
The spouse who is filing must provide the other spouse with a copy of the complaint, so they have an opportunity to respond. They can either file an answer if they agree with all the terms in the complaint or a counterclaim if they disagree.
Both spouses are required to exchange information with each other, including financial and asset details. You and your spouse may decide to discuss any outstanding issues through alternative dispute resolution, such as mediation or arbitration.
Once all issues have been resolved, the court will issue a final order. It will address topics including spousal support, child support and child custody, if applicable.
Non-compliance with court order
If your spouse does not comply with the court order, you can keep a record of it to present to the court. This may include a failure to make payments, violating a custody order or not transferring property to you.
You can file a motion with the court to enforce the order. The court may hold a contempt hearing if your former spouse’s non-compliance is intentional and can assess fines or other penalties.