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How long must a couple be separated for a no-fault divorce in New Jersey?

How long must a couple be separated for a no-fault divorce in New Jersey?

Full question:

In New Jersey, how long does a couple have to be separated before a no fault divorce can be entered and how long does a couple need to be married for the spouse to be entitled to any part of my retirement fund?

Category: Divorce
Date: 04/07/2025
State: New Jersey

Answer:

In New Jersey, a couple must be separated for at least eighteen months before they can file for a no-fault divorce based on irreconcilable differences. This means living apart without any reconciliation attempts during that time.

Regarding retirement funds, a spouse may be entitled to a portion of the other spouse's retirement benefits if they were married for at least ten years. This is applicable to qualified retirement plans and may require a Qualified Domestic Relations Order (QDRO) to divide the retirement assets during the divorce process.

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

What are the requirements for divorce in Kentucky?

In Kentucky, a couple can file for divorce based on irreconcilable differences or other grounds such as adultery or abandonment. At least one spouse must have been a resident of Kentucky for six months before filing. Additionally, the couple must have lived apart for at least 60 days before the divorce can be finalized. If children are involved, the court will also consider custody and support arrangements.

Can you get divorced without going to court?

Yes, in many cases, couples can get divorced without going to court by using a process called mediation or collaborative divorce. This involves both parties working together with a mediator or collaborative attorneys to agree on the terms of the divorce, such as asset division and child custody, without a judge's intervention. However, the final divorce decree must still be filed with the court to be legally binding.

What are the rules for divorce in Nebraska?

In Nebraska, a couple can file for divorce based on irreconcilable differences or other grounds like adultery or extreme cruelty. One spouse must have been a resident of Nebraska for at least one year before filing. The couple is also required to attend a mediation session if they have minor children to discuss custody and support arrangements. The divorce process typically takes at least 60 days from filing to finalization.

What happens if separated but not divorced?

If a couple is separated but not divorced, they are still legally married. This means that both spouses retain their legal rights and responsibilities towards each other, including financial obligations. Separation can impact property division and support during divorce proceedings, but until a divorce is finalized, the couple remains married in the eyes of the law.

Can a couple get divorced without going to court?

Yes, couples can often get divorced without going to court through alternative dispute resolution methods like mediation or collaborative divorce. These processes allow couples to negotiate and agree on divorce terms privately, which can be less adversarial and more efficient. However, the final divorce agreement must still be filed with the court to be legally recognized.

How long do you have to be separated to get divorced in NJ?

In New Jersey, a couple must be separated for at least 18 months to file for a no-fault divorce based on irreconcilable differences. This separation must be continuous and without attempts at reconciliation during that period. If the couple can prove that the marriage is irretrievably broken, they can file for divorce after this separation period.