Best Divorce Lawyers in Edison, NJ

You can save time and money with an uncontested divorce or default divorce. We encourage you to ask us about our FLAT FEES FOR AN UNCONTESTED DIVORCE. If the parties can come to an agreement on the terms of their divorce then an uncontested divorce may be right for you. A default divorce may be the alternative you are looking for where the other spouse is unwilling to participate, unavailable or their whereabouts are unknown. We can help you in those situations as well. We have divorced individuals where their spouses were in India, Asia, Africa, the Phillippines, Canada and elsewhere.

Unlike some states, New Jersey does not have a summary divorce. However, the simplest divorce action has five steps, which the Plaintiff does the following: Files a Verified Complaint for Divorce, which identifies the parties in the action and stipulates the action: divorce. Serves the Defendant, which means delivering a copy of the Verified Complaint with a Summons that gives the Defendant 35 days to file an Answer. The Summons is normally served by a sheriff's officer in the county in which the Defendant resides. Negotiates with the Defendant or his or her attorney about the division of the marital estate, spousal and child support. In New Jersey, the parties may expedite these negotiations with the use of Early Settlement Panels (ESPs). Reaches a settlement with the Defendant dividing the assets and liabilities of the marital estate. Asks the court to schedule a final hearing, provided the statutory time guidelines are met. To file on an uncontested basis, four threshold requirements must be met. They are as follows: Unless alimony is sought, either or both spouses must have resided in New Jersey for at least the past year. Both spouses agree on custody and child support. Both agree on property division and distribution. If the parties meet these requirements and if they are not seeking divorce on grounds of separation, a divorce may be completed in a short time.

Going this route requires that these forms be completed: A Civil Case Information Statement, which describes the type of case before the court. A Verified Complaint for Divorce, which starts the action. Certification of Insurance Coverage, which certifies the continuation of medical insurance for the parties, i.e., the Defendant, Plaintiff, and children. A Case Information Statement, which profiles the assets and liabilities of the parties. A Cover letter, which is sent to the Clerk of the Superior Court where the action is filed. A filing fee of $300 or $325 if there are unemancipated children. The additional $25 is for a parenting class that is generally mandatory. A filing fee of $175 or $200, if there are unemancipated children, is necessary for filing an answer to the complaint. At some point, the couples must agree on everything at issue, including the division of the marital estate, child custody, and visitation, and this is incorporated into the Property Settlement Agreement (PSA). This may be accomplished by the parties themselves, their counsel and/or at the ESPs. At the final hearing, the PSA is incorporated by reference into the Final Judgment of Divorce, which is generally prepared by the Plaintiff.

After filing the complaint, the Plaintiff may seek motions to settle, on a temporary basis, such issues as temporary spousal support and child support and custody.

Generally, service of a complaint for divorce must be made in person by a process server or through an Acknowledgement of Service, a form that the spouse signs in the presence of a notary acknowledging that they have been served with the Summons and Complaint for Divorce. When a spouse cannot or will not be found, the Plaintiff must make what is called "diligent inquiries" to locate him or her. If these fail, the Plaintiff may ask the court for permission to use an alternative method of service. This is done in one of two ways: 1) serving the Defendant by what is called "substituted service" on a special agent, which means serving another person who is able to give the Summons and Complaint to the Defendant; or 2) Service by Publication, which means publishing the divorce complaint in a newspaper. A Plaintiff may file a Request for Order Permitting Service by Publication, an Order Permitting Service by Publication, and the Supporting Certification of the copies of letters of inquiry. The court then designates a newspaper in which the Plaintiff must publish the notice. Regardless of the method of service, the Defendant must generally be served within four months of filing the Complaint. If the Defendant is not served within four months, the court may dismiss the action.