Mutual Agreement Divorce in NJ: A Guide to Understanding the Process
Getting a divorce can be stressful, emotional, and even financially draining. However, in New Jersey, there is an option available for couples who want to end their marriage amicably and without court battles. Known as mutual agreement divorce, this process enables couples to avoid traditional litigation by agreeing on the terms of their divorce.
What is Mutual Agreement Divorce?
Mutual agreement divorce is a process where both spouses come to an agreement on all aspects of their divorce, including child custody, child support, alimony, and division of property. This agreement is then submitted to the court as an uncontested divorce. Unlike a contested divorce, where both parties are in disagreement and the court has to make the final decision, mutual agreement divorce is a smoother and less stressful process.
Benefits of Mutual Agreement Divorce
There are several benefits of choosing to go through mutual agreement divorce. First, it is less costly than traditional litigation because there is no need to hire attorneys or spend time in court. Second, it is a faster process since the couple can agree on the terms and submit them to the court for approval. Third, it is less stressful because both parties are in agreement and there is no need for a judge to make a ruling.
Requirements for Mutual Agreement Divorce
To qualify for mutual agreement divorce in New Jersey, the couple must meet several requirements. The couple must have been married for at least six months and must have lived in New Jersey for at least one year. Both parties must agree to the terms of the divorce, including property division, child custody, child support, and alimony. There can be no pending cases involving the couple, such as domestic violence, child abuse, or restraining orders.
Steps Involved in Mutual Agreement Divorce
The first step is for both parties to agree to the terms of the divorce. This includes filling out a Marital Settlement Agreement (MSA) that outlines the terms of the divorce, including child custody, child support, alimony, and property division. Once the MSA is complete, it must be signed and notarized by both parties.
The next step is to file the MSA with the court. This is done by submitting a Complaint for Divorce and the MSA to the court clerk`s office. The clerk will then issue a divorce summons to be served on the other party. The other party has 35 days to respond to the summons.
Once the 35-day waiting period has passed, the court will review the MSA and schedule a hearing. The hearing is typically brief and is only held to confirm that both parties agree to the terms of the divorce.
If the judge approves the MSA, a final judgment of divorce is issued. The couple is then officially divorced, and the terms of the MSA become legally binding.
Conclusion
Choosing mutual agreement divorce can be a great alternative to traditional litigation. It is a less costly, faster, and less stressful process that can provide a smoother transition for both parties. However, it is important to ensure that you meet the requirements and have a complete understanding of the process before proceeding. If you`re considering mutual agreement divorce in New Jersey, it`s recommended that you consult with an experienced attorney to help guide you through the process.