Is our New Jersey divorce valid without legal separation?

Full question:

My ex-husband and I never had a legal separation. Our divorce was pushed through in 8 days for divorce from the state. I filed 10/24/2000 and we were divorced on 10/30/2000 in the state of New Jersey. Would our divorce be null and void since we were never legally approved by the courts to be separated? Isn't it true separation in NJ to be at least 18 months or 6 months then the next step would be divorce? Please let me know what action I need to take with the state.

  • Category: Divorce
  • Date:
  • State: Arizona

Answer:

In New Jersey, it is possible to obtain a no-fault divorce without a legal separation. The validity of your divorce depends on the grounds stated in your divorce complaint. New Jersey law allows for no-fault divorces based on either:

  • Living separate and apart for at least eighteen months, or
  • Irreconcilable differences for at least six months.

Both conditions require that there be no reasonable prospect of reconciliation. Other grounds for divorce, such as adultery or extreme cruelty, may also apply.

For further details, you can refer to New Jersey statute 2A:34-2, which outlines the causes for divorce.

It is advisable to consult a local attorney who can review your specific situation and documents.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In New Jersey, you can obtain a divorce without a court appearance if both parties agree on the terms and file the necessary paperwork. This is often done through a process called 'uncontested divorce.' However, you must still submit your divorce complaint and other required documents to the court for approval. It's advisable to consult an attorney to ensure all legal requirements are met. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*