FREQUENTLY ASKED QUESTIONS

Generally, a divorce is uncontested as long as your spouse does not hire a lawyer and spend thousands of dollars to fight the divorce. This would be very expensive for them to do. It is possible for your spouse to contest the divorce without a lawyer, but that is very difficult and rarely occurs.

As New York and New Jersey each have different requirements, check out New Jersey Info or New York Info for more information.

All property or debts decisions are made by you in writing and typed up into your divorce papers by us. If you and your spouse cannot agree on what will be included in the paperwork the divorce could end up being contested. This unfortunately will be time consuming and will cost you thousands of dollars.

All matters such as child custody, support, visitation etc. can be decided by you and included in your divorce papers. All decisions should be in the best interest of the children.

No. Your spouse must be notified, but their signature is not necessary. Divorce papers can be served to your spouse without them signing.

No. The Divorce Center will type your divorce papers, according to your instructions, and the papers will be filed with the Court. You may use a lawyer or mediator if you own a lot of property and can’t decide how to divide it but that is very expensive.

In New Jersey there is a short Court appearance required. Only you have to appear, not your spouse. The Judge will sign your divorce papers and finalize your divorce. In New York, no Court appearance is required, however the Court can call you in if they have any questions regarding your papers.

Please refer to our pages that coincide with where you live. Check out the New Jersey Info if you live in New Jersey, and the New York Info if you live in New York.

Use our Divorce By Mail page. The process is the same as coming to one of our offices, and will save you a trip. Rest assured we have been providing Divorce By Mail for over 40 years and it is a simple and effective process. Or you can call us at 1-800-762-3111 and we will take your payment information right over the phone.

In order to proceed with our service, you must know where your spouse lives or works. (Note: If you live in New Jersey, the divorce papers can be served to your spouse’s family member in New Jersey, if they will accept them.)

If you absolutely cannot find your spouse, you will have to pay an attorney to obtain a Court Order to place ads in a newspaper, informing your spouse that you want a divorce. Additionally, you must prove to the Court that you conducted a thorough search and were unable to find your spouse. Obviously, this is difficult and very expensive. It will be much easier for you to find your spouse on your own.

You can go to USSEARCH.COM and they may be able to help you for a small fee, usually less than $50.

All Divorce Center work is fully guaranteed. We have been Members of the Better Business Bureau for 40 years.

The large size of this company together with the 42 years we have been in business, gives Divorce Center the ability to give you the best service at the best price. We have a large staff, modern equipment and resources that no small company can match. Additionally, our locations provide you with the convenience and peace of mind of knowing you can stop in and speak with a trained representative.

NO FAULT IS SIMPLEST AND MOST COMMOM ground for divorce this is the least offensive reason to file under.

Other grounds for divorce are:

Abandonment – Your spouse abandoned you at least ONE YEAR or more ago, and you have not lived together since. (You must fill in the complete date and address of the abandonment below)
Lock-out – Your spouse forced you out of the house at least ONE YEAR or more ago, and has refused to let you back in. (You must fill in the complete date and address of the abandonment below)

Sexual Abandonment Your spouse refused to have sexual relations with you for ONE YEAR or more.

Mental or Physical Cruelty – Describe at least 3 acts committed by your spouse (within the last 5 years) which made it unsafe or improper to continue to live together. If you do not give sufficient examples, the Court Clerk may call you in for a hearing. Typical reasons are that your spouse struck you, threw an object at you or threatened you. You must supply the date and address where each incident occurred. Also, describe how the incident made you feel.

Living apart according to a WRITTEN separation agreement – You must have in your possession, a written separation agreement that was signed and notarized more than ONE YEAR ago. (NOTE: If your separation agreement has not yet been filed with any Court – you will have to file it in the County that either you or your spouse lives in and you must file your divorce papers in that County.

There are several grounds for divorce in the State of New Jersey and the most popular ground utilized today is Irreconcilable Differences, which means that neither spouse is at-fault for the failure of the marriage. In order to qualify for a divorce on the grounds of irreconcilable differences in NJ, the plaintiff must show that the couple has been experiencing Irreconcilable Differences for at least six months or more.

Filing for a divorce is already a difficult decision to make, however under Irreconcilable Differences as the ground for divorce this is the least offensive reason to file under.
Other grounds for divorce are:

No-Fault – 18 Months Separation – You and your spouse have lived separately for the last 18 months or more.

Abandonment – A – 12 Months or more – Your spouse left you and never returned more than 12 months ago.

Abandonment – B – 12 Months or more – Your spouse locked you out and refused to allow you back into the house more than 12 months ago.

Mental or Physical Cruelty – You list 3 events that made it unsafe or improper for you to continue to live with your spouse. No separation time is necessary. Examples of cruelty can be the following: Your spouse struck you –Your spouse used foul and abusive language to you in public and private – Your spouse threw objects at you – Your spouse sexually abused you – These are just samples. Includes adultery. You can write down anything that you feel made it improper to continue to live together. (Although cruelty can be either mental or physical, the Judge can deny your divorce if you don’t supply enough examples.)