How Long Does Divorce Take in NJ? What to Expect From Start to Finish

Divorce isn’t one-size-fits-all—and in New Jersey, the timeline can be anything but predictable. Here’s a step-by-step look at what to expect, so you can feel more prepared from start to finish.

When it comes to divorce in New Jersey, patience can often feel like the hardest part. While everyone hopes for a quick resolution, the reality is that timelines can vary widely depending on your unique circumstances. Whether you’re preparing for an uncontested divorce or working through complex disputes involving child custody and asset division, understanding the process can help you set realistic expectations.  

We’ll guide you through the general divorce timeline in NJ, from filing the complaint to receiving the final decree. Plus, you’ll get an overview of the factors that can speed up or slow down the process, like court backlogs, negotiations, and mediation. By the end, you’ll have a clearer picture of what to expect at each stage, empowering you to move forward confidently.  

Understanding Divorce in New Jersey

In New Jersey, “dissolution of marriage” means the legal process of ending a marriage, often referred to as divorce, and it involves both parties agreeing on all terms of the dissolution before filing with the court.

To file for divorce in New Jersey, at least one party must have lived in the state for 12 consecutive months. If it’s a no-fault divorce, you and your spouse must have lived apart for at least 18 months

Factors That Impact The Divorce Timeline

The duration of a divorce largely depends on the nature of your case. Here are some significant factors that can affect how long it takes.

Contested vs. Uncontested Divorce

An uncontested divorce occurs when both parties agree on all major issues, such as property division, child custody, and alimony. The process typically moves more quickly, and these cases often take just a few months to finalize.

The process can stretch out significantly in a contested divorce if disagreements arise over any major issue. Disputes could require mediation, pre-trial conferences, or even a lengthy court trial to resolve. This could add months, or even years, to your case.

Child Custody and Support Issues

Disagreements with your ex over child custody or support can be one of the biggest roadblocks in a divorce. If you and your spouse can’t agree on custody arrangements, the case may require a judge to decide, which often delays the proceedings.

Asset Division (Equitable Distribution)

New Jersey follows the principle of equitable distribution, meaning that marital assets get divided fairly but not necessarily equally. Sorting through property, finances, and debts can be time-consuming, especially if you have complex or high-value assets like real estate or business interests.

Step-by-Step Breakdown of the NJ Divorce Process

The New Jersey divorce process follows a structured flow. Here’s what you can expect at each stage:

Step 1: Filing the Divorce Complaint (Initial Filing)

The process begins with filing a divorce complaint in the appropriate county court. This document outlines the grounds for divorce and any initial requests, such as a custody arrangement or temporary financial support. 

Once filed, the complaint must be served to your spouse. Filing is generally quick but can take a few days or weeks, depending on court schedules.

Step 2: Response From the Spouse

Upon receiving the complaint, the other spouse has 35 days to respond. The court may enter a default judgment in your favor if no response is filed. 

However, if your spouse contests any part of the complaint, it can slow things down as your case moves toward additional steps such as discovery and negotiation.

Step 3: Discovery and Disclosure of Assets

This stage involves gathering and exchanging financial information to ensure equitable division of assets. Both parties must fully disclose income, property, debts, and other assets. 

Financial complexity or a lack of cooperation from either party can significantly lengthen this phase, which typically lasts several months.

Step 4: Negotiations and Mediation

Many New Jersey courts require mediation to resolve disputes before they go to trial. Mediation allows couples to work through disagreements with the help of a neutral third party. 

Successful mediation can save time and cost, while prolonged negotiations or unresolved disputes may extend this step.

Step 5: Pre-Trial Conferences or Settlement Hearings

If mediation doesn’t resolve all issues, pre-trial conferences with a judge may follow. These hearings aim to encourage settlement and streamline trial preparation. 

The timeline for these conferences can vary based on court schedules.

Step 6: Trial (If Necessary)

This is often the most time-consuming phase for divorces that proceed to trial. Both parties present evidence and arguments, and the court determines unresolved issues. Sometimes, more complicated or high-asset cases involve bringing in expert witnesses.

Trials can take several days to weeks, with additional delays stemming from court backlogs or appeals.

Step 7: Final Judgment of Divorce (Decree of Divorce)

Once all issues have been resolved through settlement or trial, the judge issues a Final Judgment of Divorce. This legally ends your marriage and outlines the terms of your divorce, including asset distribution, custody arrangements, and support obligations.

Factors that Can Speed Up or Slow Down the Divorce Process in NJ

Wondering why some divorces in New Jersey move quickly while others seem to drag on forever? Here’s what can make the difference.

Factors That Speed Up Divorce

• When both spouses agree on all the major issues, the divorce process is usually much quicker.
• Having straightforward finances makes it easier to divide assets and wrap things up.
• Responding promptly to all legal documents and requests helps avoid unnecessary delays.
• Choosing mediation instead of litigation can lead to faster, more cooperative resolutions.

Factors That Slow Down the Legal Process

• Disagreements over custody or child support often cause significant delays.
• Complex finances—like business interests, property, or multiple accounts—can take much longer to sort out.
• When either party is slow to respond to documents or court requests, the entire case can stall.
• Court backlogs or limited availability for hearings can push your case out for months.

Taking a proactive approach, staying organized, and getting guidance from a legal professional can make the entire process much smoother.

The Average Timeframe for a Divorce in NJ

The average timeframe for a divorce in New Jersey can vary significantly depending on whether the case is uncontested or contested. An uncontested divorce, where both parties are cooperative and agree on the terms of the separation, is resolved relatively quickly. 

These cases can typically be finalized within three to four months, assuming there are no delays and all necessary paperwork gets processed promptly. The speed of this process largely depends on both parties’ willingness to reach agreements without conflict.

On the other hand, contested divorces tend to take much longer due to the complexities involved. These cases often span a year or more and involve lengthy negotiations, mediation sessions, or court trials. 

Disputes over asset division, child custody, or alimony frequently prolong the process, making it challenging to establish a clear timeline. Additionally, though improving in some areas, court system backlogs contribute to delays in uncontested and contested divorce cases, extending the time needed for a final resolution.

Common Challenges During the Divorce Process in NJ

When you face a divorce, you’ll encounter the same challenges many others do.

The Emotional Toll
Divorce is tough—there’s no way around it. The longer things drag out, the more emotionally draining it can be. It’s important to lean on your support system, whether a therapist or a trusted friend, or just giving yourself space to process.

Rising Legal Costs
The more complicated your divorce gets, the more it can cost. Court appearances, back-and-forth negotiations, and delays all add up. Mediation or settling early can help keep your expenses in check.

The Impact on Kids
Custody battles are especially hard on children. Keeping communication open and making their well-being the priority can help ease the stress and make things feel a little more stable for them.

Tips to Help You Prepare for the Divorce Process in NJ

While you’re in the middle of the divorce process, these tips can help you stay calmer and less stressed.

Stay Organized

Staying organized is one of the most important steps to prepare for a divorce. Start by gathering all necessary financial documents, including income statements, tax returns, and records of both shared and individual assets. 

It’s also a must to create a detailed inventory of property and possessions, as this information will be critical during the division of assets. Additionally, maintaining a timeline of key dates, such as marriage milestones and significant events, can be incredibly helpful as you move through the legal proceedings.

Consider Mediation or Settlement Negotiations

Being open to mediation is a valuable strategy that can help ease the process. Mediation allows both parties to resolve disputes collaboratively, avoiding courtroom litigation’s financial and emotional burden. 

Through mediation, couples can often reach agreements more quickly and maintain greater control over the outcome. This approach saves time and money and fosters healthier communication during this emotionally charged time.

Consult With a Family Law Attorney

One of the smartest things you can do during divorce is get advice from a family law attorney right from the start. An experienced attorney can help you understand exactly what’s going on, what steps you need to take, and how to protect what’s most important—your money, your kids, and your future. 

Having a knowledgeable legal team on your side can ease some of the stress, give you clear guidance, and help you feel more confident about the decisions you’re making.

Contact the Experienced Family Law Attorneys at Smedley Law Group, P.C. in Woodbury, NJ 

Divorce usually isn’t just about ending a marriage — there’s often a lot more on your plate, like figuring out custody, support, or how to divide what you own. That’s why it’s so important to have a knowledgeable attorney in your corner. At Smedley Law Group, P.C., we help clients across New Jersey, including in West Deptford, Woodbury Heights, Runnemede, and Westville.

We understand how challenging this time can be for you, so we’ll fight hard to protect your interests and those of your loved ones throughout the legal process. Call us at (856) 251-0800 or fill out our confidential contact form to schedule a consultation. Our office is conveniently located at 750 Cooper Street, Woodbury, NJ 08096.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.