Divorce

Divorcing with dignity is possible. Breitowich Law Firm is here to show you how.

Due to the many variables involved in divorce, it is difficult to place a definitive number on the average cost of a divorce in New Jersey. As a general ballpark, NJ divorce costs could feasibly range anywhere from a few hundred dollars up to tens of thousands of dollars when all fees and costs are totaled. There are some set non-negotiable costs such as court fees including the fee to process a Complaint of Divorce which is $250 in NJ or, if children are involved. a $25 Parent Education fee to the court as well. However, other costs such as attorney or mediator fees can vary greatly depending on the specific circumstances of your divorce. 

In terms of advice on minimizing the associated costs of divorce, the most beneficial thing you can do is to work with a trusted attorney or mediator who is extremely knowledgeable of the ins and outs of New Jersey divorce law and who will also work with you to understand your financial concerns. Alternative options for divorce, such as mediation, can also help to significantly cut costs

Similar to the costs associated, the length of time a divorce can take is another element dependent on several variables, one of the major ones being the complexity of the case and whether or not spouses are able to reach an agreement upon terms of their settlement agreement. For cases where spouses are able to come to an agreement on issues such as division of property, handling of debts, alimony/spousal support, and child custody arrangements- the process could potentially be completed in as little as 3-6 months. For more complex cases, where an agreement between spouses on these critical issues are not able to be easily settled, the process of divorce could take up to 14 months and beyond to be completed. Generally speaking, however the period of time from the date of the filing of a complaint for divorce to the time of final judgment of divorce traditionally should not exceed 12 months. 

When discussing grounds for divorce in New Jersey specifically, one concept that’s important to understand is the idea of a no-fault versus fault divorce. A no-fault divorce is one in which the spouse asking for a divorce does not have to prove that the other spouse did something wrong. All states allow no fault divorces. A fault divorce, however, is one in which spouses allege misconduct as the basis for their divorce. While all states allow no-fault divorce, New Jersey is what’s known as a hybrid divorce state, meaning individuals have the choice of requesting a no-fault or fault divorce. 

No-fault divorce grounds include the following:

  • irreconcilable differences
  • irretrievable breakdown, or
  • a separation for a specific length of time.

Fault grounds include the following:

  • adultery
  • desertion for at least 12 months or more
  • extreme cruelty, which includes physical or mental abuse
  • drug or alcohol addiction
  • a mental illness where a spouse has been institutionalized for at least 2 years after the marriage begins, and
  • deviant sexual behavior by one spouse without the other’s permission

A divorce is considered to be uncontested in the case that the parties involved are able to reach an agreement on all applicable major issues including division of assets and debt, alimony, child support, & visitation before trial. An uncontested divorce would be one in which the parties involved are not able to reach such an agreement. Generally, uncontested divorces take less time to be finalized and also result in less legal fees than those associated with contested divorces. Unlike a contested divorce, uncontested divorces also do not require a trial. 

Divorce with Sylvia

The decision to divorce or separate from a partner is not something for which anyone can adequately prepare. At Breitowich Law Firm, we empathize with the mindset you embody when faced with this difficult choice and we are here to provide the support and guidance required to navigate you through the entire process soundly. While divorce is never an easy circumstance, our goal is to ensure that the process is not made any more difficult than necessary. Your welfare is our priority and we pride ourselves on being able to successfully equip you with all of the resources needed to allow you to move forward in pursuing a life of prosperity and contentment.