What is an Uncontested Divorce? 

Filing for divorce in New Jersey doesn't always have to be long, expensive, or emotionally draining. When both spouses agree on every aspect of the split—including child custody, division of property, and financial support—they can pursue an uncontested divorce. This option streamlines the process, reduces court involvement, and often allows couples to finalize the divorce faster and with significantly lower legal expenses.

In New Jersey, an uncontested divorce still follows a formal process, and it's important to meet all legal requirements to ensure the final judgment is enforceable. Here's how the process typically works, step-by-step.

Uncontested Divorce Process in New Jersey:

First, there's the residency requirement. Before filing for divorce in New Jersey, at least one spouse must have lived in the state for a minimum of 12 consecutive months. There's an exception for adultery-based filings, which do not require this duration, but most uncontested divorces are filed under the no-fault ground of "irreconcilable differences." These differences must have existed for at least six months and be unlikely to be resolved through reconciliation.

Once the residency and grounds for divorce are established, the next step is to prepare and file the required paperwork. The filing spouse, known legally as the "plaintiff," must complete several documents including the Complaint for Divorce, Summons, Confidential Litigant Information Sheet, and Certification of Insurance. If the couple has already come to a full agreement on all aspects of their divorce, a signed and notarized Property Settlement Agreement (PSA) should be included at this stage.

The paperwork must be filed with the Family Division of the Superior Court in the county where the parties last lived together as spouses. Filing fees apply and costs vary depending on whether children are involved or not. In some cases, fee waivers may be available based on financial hardship.

Once the paperwork is filed, the plaintiff must formally serve the other spouse (the "defendant") with the divorce documents. This can be done by personal service, certified mail with return receipt, or by using a process server or sheriff's officer. The defendant then has 35 days to file a formal response—either an Answer or a Notice of Appearance. In an uncontested case, the defendant typically files a Notice of Appearance to indicate they're not opposing the divorce but still wish to be involved in finalizing the terms.

The core of any uncontested divorce is the Property Settlement Agreement. This document outlines how the couple will handle all legal issues, including division of marital property and debt, spousal support (alimony), child custody and parenting time, and child support. To be legally enforceable, the PSA must be voluntary, fair, and executed without coercion. It should also be signed and notarized by both parties.

Once the court receives all the necessary forms and the response from the defendant, the plaintiff can request that the divorce be finalized “on the papers.” This means the judge can issue the Final Judgment of Divorce without requiring a court appearance, under Directive #01-25 issued by the New Jersey Judiciary.

In cases involving children or complex financial arrangements, the court may require additional documentation. A Case Information Statement (CIS) detailing financial information might be required, and a custody plan must be submitted if minor children are involved. Mediation may also be ordered if the court feels further clarification is needed before granting the final divorce.

After reviewing the paperwork, the judge will either schedule a short hearing or issue the Final Judgment of Divorce by mail. When this judgment is entered, the divorce is official, and the parties are free to move forward with their separate lives. If either spouse has requested to resume their maiden name or a former name, that request can be included in the judgment and becomes legally effective immediately.

In terms of timing, most uncontested divorces in New Jersey are finalized within two to six months of filing, assuming both parties cooperate fully and the paperwork is complete and accurate. Delays can occur if documents are incomplete or improperly served, so it's always a good idea to have an attorney review your forms before filing.

An uncontested divorce is not only efficient—it also allows couples to preserve a level of mutual respect and privacy as they transition out of their marriage. However, even in amicable cases, it's critical to ensure all legal steps are followed and all agreements are clearly documented. Legal guidance from a firm experienced in New Jersey family law, like Villani & DeLuca,P.C. can help protect your rights and avoid complications down the road.

Contact Villani & DeLuca, P.C. Today

If you're considering filing for an uncontested divorce in Ocean, Monmouth, or Middlesex County, Villani & DeLuca, P.C. can help you navigate the process from start to finish. With over three decades of experience in family law, we offer compassionate, detail-oriented service that prioritizes your peace of mind. Contact us today at (732) 751-4991 for your free first consultation with one of our family law attorneys.