In New Jersey, couples going through a divorce must observe a mandatory “cooling-off” period. This waiting period can significantly impact the timeline of your divorce process. Knowing how it works helps you plan and set realistic expectations.
What is the “cooling-off” period?
The “cooling-off” period is a 60-day waiting time required by New Jersey law after you file for divorce. This period allows couples to reconsider their decision and possibly reconcile. In some cases, the court may shorten or waive this waiting period, especially when both parties agree on the divorce terms and no major issues like child custody or property division remain.
Who qualifies for the “cooling-off” period?
The 60-day “cooling-off” period applies to couples who have been married for at least 12 months. If you’ve been married for less than a year, you may not have to wait. This rule applies regardless of whether you and your spouse contest the divorce or agree on its terms, as long as no serious complications exist.
Exceptions to the “cooling-off” period
In some cases, the court can shorten or waive the 60-day waiting period. If both parties agree to all divorce terms and there are no children involved, you might bypass the waiting period. Additionally, if one party experienced domestic violence, the court may expedite the divorce process.
Why is the “cooling-off” period necessary?
The “cooling-off” period ensures that both spouses have ample time to reflect on their decision. The time also encourages reconciliation through mediation or counseling, providing a chance for couples to resolve issues and reconsider divorce if possible.
Divorce represents a major life change. New Jersey’s “cooling-off” period helps you make thoughtful decisions and ensures fairness in the process.
