In some states, there is a waiting period for divorce. If you file for divorce and your spouse signs the papers immediately, you still have to wait a certain amount of time before the court is legally allowed to finalize the case. It cannot be done instantaneously.
This is not true in New Jersey, however, and there is no waiting period. Most divorce cases will take a few months to a year, but the length is not dictated by law so much as it is determined by the complexities of the case. For instance, a couple who is involved in a high level of conflict over asset division or child custody rights may have a much longer divorce process than a couple that is getting an amicable divorce and can already agree on most of these details.
Court schedules can also impact how long a divorce takes. If the couple has to go before a judge, then they may simply have to wait until there is an opening and they can schedule a hearing, depending on how many other cases the court has to hear.
18 months of separation
With no-fault divorce, couples do not have to show that they have been living apart. With a fault-based divorce, however, they do have to demonstrate that they have been living separately for at least 18 months.
But this is still different than a waiting period. With a traditional waiting period, the couple has to wait after they file the divorce documentation. With these separation requirements, that separation has to occur before the couple is allowed to file for divorce at all.
Your legal rights
Divorce can be complex in New Jersey, and it is crucial that you understand all the legal rights and options you have as you go through the process.