Philadelphia, PA asked in Divorce and Family Law for New Jersey

Q: I need to get an uncontested divorce. How do I go about that ?

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2 Lawyer Answers
Richard Diamond
Richard Diamond
  • Short Hills, NJ
  • Licensed in New Jersey

A: Presuming you and your spouse have a written signed settlement agreement resolving all issues in dispute between the 2 of you including the resolution of any alimony claim, child support, custody, parenting time, equitable distribution of all assets and liabilities of the marriage, and resolution of all other issues that either of you could raise in a divorce matter against the other party:

You then file a complaint for divorce in the county where you reside seeking simply enforcement of the terms of your settlement agreement - resolving all issues that could be raised in a divorce matter between the 2 of you -

Once you get back the filed complaint for divorce from the court, you then serve the filed complaint for divorce upon your spouse

Your spouse then signs an acknowledgment of the service of the complaint upon him/her

you then file the signed acknowledgment of service with the court.

your spouse then files a responsive pleading with the court also acknowledging that all issues that could be raised in a divorce have been resolved and are contained in the signed settlement agreement.

Once those steps have been satisfied, then you can reach out to the judge handling your matter to schedule an uncontested hearing date for you and your spouse to appear before the court for an uncontested divorce.

In advance, you will need to prepare the proposed form of judgment for submission to the court as well.

1 user found this answer helpful

Bari Weinberger
Bari Weinberger
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. I am sorry to hear you are going through this stressful time. Initiating a divorce proceeding whether contested or uncontested requires the filing of a complaint for divorce and other supporting documentation. Thereafter, a marital settlement agreement needs to be prepared to address a variety of issues such as alimony, division of assets and debts, child custody and child support. Some, if not all, of these factors may apply in your case and would need to be resolved. To further help you understand your rights and options regarding those issues I strongly urge you to schedule an attorney consultation.

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