Arons & Solomon Divorce Lawyers | August 30, 2023 | Family Law
Family law cases can be challenging and complex, leaving individuals wondering about the timeline they might face when dealing with such matters. This blog sheds some light on the general factors influencing the duration of family law cases in the state.
Understanding the Variables
Unfortunately, there is no definitive answer to “How long will my case take?” The duration of family law cases can vary based on several key factors:
- Complexity of the Case: Uncontested divorces with agreeable settlements generally take less time to finish than contested divorces, which involve disputes over child custody, alimony, property division, and more.
- Willingness to Cooperate: The level of cooperation between the parties involved can impact the timeline. It may speed up the process if both parties are willing to negotiate and compromise.
- Court Caseload: The number of cases pending in the court can affect how your case progresses. Courts with a heavy caseload may experience delays.
- Appeals and Post-Judgment Issues: If either party decides to appeal the court’s decision or post-judgment issues arise, the case’s resolution may be prolonged.
There is no one-size-fits-all answer to the question of how long your family law case will take to resolve. While some cases are resolved quickly, others may take months or even years to conclude.
Typical Family Law Case Durations
The duration of family law cases in New Jersey can vary widely. To divorce in New Jersey, at least one spouse must have resided in the state for at least 12 months.
When both spouses agree on the divorce terms, the process can be swift, often concluding within a few months. Cases with contentious issues like child custody battles and complex asset divisions may extend the timeline. Such cases can take months to several years to resolve.
Timeline Considerations for New Jersey Divorces
Here are some common circumstances that may lead to divorce with durational limits:
- If you want to get a divorce in New Jersey because of “irreconcilable differences,” you and your spouse must not believe you can fix your problems for six months before filing.
- If you choose “abandonment” as your reason, your spouse must have left you for 12 months or longer.
- For “separation,” you and your spouse must live in different homes for at least 18 months in a row.
- If you pick “addiction” or “habitual drunkenness” as your grounds, your spouse must have been dealing with this issue for 12 or more months after marriage and before you filed for divorce.
- If your spouse has been in a mental institution for 24 or more months in a row after you got married, you can use this as a reason for divorce.
- Another ground is when your spouse is sentenced to jail for 18 or more months after marriage.
Given the intricate nature of family law cases, seeking the guidance of a knowledgeable New Jersey family law attorney is essential. An experienced attorney can help navigate the legal process, provide valuable advice, and protect your rights throughout the proceedings.
After Filing for Divorce
When filing for divorce, keeping track of the deadlines and procedures involved in the legal process is important. After filing, the opposing party must be served within 30 days. Once served, the defendant has 35 days to answer the initial complaint. The defendant must respond within this time frame, as failing to do so can result in a default judgment being filed against them.
Child custody and support cases can take time. Courts focus on the child’s best interests, making comprehensive assessments and informed decisions. Furthermore, custody, parenting time, and visitation plans must be filed within a particular timeframe. This ensures both parties understand the custody arrangements and can make necessary parenting time and visitation arrangements.
Evaluating financial matters for alimony and property division can add complexity and time. It is important to remember that these deadlines are in place to ensure that the legal process moves forward and that both parties have a fair outcome.
Consider Hiring an Experienced New Jersey Family Law Attorney
In conclusion, family law cases in New Jersey do not follow a clear-cut timeline. Knowing the factors that influence the case duration is vital. This awareness allows parties to approach the process with a realistic mindset and work towards an outcome that serves their interests and those of any involved children.
With patience, diligence, and expert legal guidance from a trusted family lawyer in New Jersey, parties can navigate the complexities of this area of the law.
Contact the Bergen County Family and Divorce Law Firm of Arons & Solomon Divorce Lawyers for more help
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.
Bergen County Law Office
1 University Plaza Dr #400, Hackensack, NJ 07601, United States