![New Jersey Marital Settlement (Divorce) Agreement Form [PDF]](/_next/image?url=%2Fimages%2Fdocuments%2Fplaceholder-general.png&w=3840&q=75)
The New Jersey marital settlement agreement form is a legal document that offers a thorough framework for resolving important matters in the divorce process. This agreement typically addresses matters like child support, a parenting plan, and alimony.
Married couples can obtain a marital settlement agreement template and customize it in order to put the negotiated terms and obligations on paper. When a couple reaches an agreement on all matters, they will initiate the uncontested divorce procedure.
However, if they cannot reach an agreement on all matters, they will start the contested divorce process, where the court will decide on these matters for them.
Divorce Forms
Spouses typically file for divorce at the Superior Court, Chancery Division, in the county where spouses live. The filing fee is usually around $300, and it takes between six and twelve weeks to finalize the divorce.
Divorce Laws and Legal Requirements in New Jersey
Divorce laws and legal requirements in New Jersey offer important information on what to expect and how to get ready for the divorce process.
Divorce Laws and Legal Requirements
Alimony: Section 2A:34-23 of the New Jersey Revised Statutes states that the court may grant alimony to either spouse. There are a few types of alimony, such as open duration, rehabilitative, limited duration, and reimbursement alimony.
Child support: The same section states that the court may decide on child support during the divorce process based on what is fair and reasonable. While determining child support, the court will consider the needs of the children, the parent’s financial status, or their ability to earn money.
Division of property: New Jersey is an equitable distribution state, which means that marital property is distributed fairly between spouses but not necessarily even. Factors that the court will take into account are marriage length, the standard of living established during marriage, and the age and health of the parties, as stated in Section 2A:34-23.1.
Grounds for divorce: According to Section 2A:34-2 of the New Jersey Revised Statutes, acceptable reasons for divorce are adultery, extreme cruelty, and imprisonment for at least 18 months.
Interim support: The court may grant temporary support to either spouse that will end when the divorce is finalized, as stated in Section 2A:34-23 of the New Jersey Revised Statutes.
Residency: Section 2A:34-10 of the New Jersey Revised Statutes states that either spouse must be a resident of the state for a year in order to be eligible to file for divorce, except if the reason for divorce is adultery.
Separation: According to Section 2A:34-2, if the reason for divorce is separation, then spouses must live apart for at least 18 months.
How to File For a Divorce in New Jersey in 6 Steps
A couple filing for divorce in New Jersey needs to go through these six steps in order to finalize the divorce.
#1. Draft a Marital Settlement Agreement
Spouses decide to draft a marital settlement agreement in order to pursue the uncontested divorce process and save time and money. This document is not required by the courts in New Jersey, but it is still a good idea to create one to simplify the divorce process.
It can be drafted before and during the divorce process. Both spouses have to sign the divorce settlement agreement in front of the notary public and submit it to the court. The judge will review the document, and if everything is in order, they will include it in the final decree.
#2. File the Divorce Complaint
The next thing the spouses should do is to complete and file the divorce complaint. For spouses who wish to pursue a no-fault divorce, there are two types of this document. One is for couples whose reason for divorce is separation, and the other is for couples with irreconcilable differences:
Here is a list of additional documents that should be filed along with the complaint:
The plaintiff should make copies of the documents and file them with the court clerk, who will assign a case number. Additionally, the filing fee should be paid, and if the plaintiff is unable to pay, then they must ask the court clerk for instructions on how to file for a fee waiver.
#3. Serve the Defendant
The plaintiff now needs to serve the divorce forms on the defendant and file proof of service with the court. The defendant must be served with copies of the divorce complaint, the Certification of Insurance, the Certification of Notification, and the Summons.
The plaintiff can send divorce documents by mail along with an Acknowledgement of Service and a Cover Letter to Defendant - Acknowledgement of Service. The defendant will complete, sign, and notarize the Acknowledgement of Service and send it back to the plaintiff, who will file it with the court clerk along with a completed Filing Letter to Court - Acknowledgement of Service.
Additionally, the sheriff can serve the papers for a fee. The sheriff should receive the divorce papers and the Cover Letter to Sheriff. Once the papers are served, the sheriff will sign the summons, and the plaintiff can file them along with a Filing Letter to Court - Sheriff’s Proof of Service.
#4. Wait for an Answer
The defendant now has 35 days to file an answer to the divorce complaint or enter a general appearance. A general appearance presents an opportunity for the defendant to agree to divorce and to state a counterclaim.
This means that the divorce is now contested, and if the agreement is not reached, then the judge will have to decide on divorce matters instead of the spouses. To enter the uncontested divorce process, spouses must agree on all matters related to the divorce.
However, if the defendant does not file an answer or a 35-day period has passed, then the plaintiff can file for a default judgment.
#5. Default Judgement
The plaintiff can ask for default judgment if the defendant has not filed an answer in 35 days. This can be done by filing the following documents with the court clerk:
Once these documents are filed, the clerk will schedule a hearing date, and the plaintiff will have to serve the following documents to the defendant and file them with the court:
Certification of Service (court only)
When all documents are served, the judgment of divorce can be entered without the defendant's presence. At the final hearing, the plaintiff will have to bring a completed Final Default Judgment of Divorce.
The judge will hear the statements and review documents and evidence, and if everything is in order, they will sign the final default judgment. A copy of the judgment must be sent to the defendant along with a cover letter.
#6. Uncontested/No Default Judgment
Spouses who agreed on all matters should attend the final hearing just to confirm the accuracy of the information in the divorce forms. They should also complete and bring the Consent Order - Final Judgment of Divorce to the hearing for the judge to sign.
During the hearing, the judge will ask questions and review documents to get a clear picture of the current situation. The divorce settlement agreement can be included in the final decree if the judge decides that the terms are fair.
Finally, if everything seems to be in order, the judge will sign the final judgment and finalize the divorce.