It’s realistic to expect that a new marriage, like any life-changing event, will present its fair share of challenges for any couple. Even couples who have lived together before marriage will have a sense of new obligations or expectations once they’ve stated their vows. While the majority of couples are able to navigate the new course that marriage sets before them, divorce right after marriage may be more common than you’d expect. It’s estimated that about 10% of all marriages will actually end in the first year, with some couples considering divorce after one or 2 months of marriage.
How long after marriage can you get a divorce?
This prompts the question, then, for couples realizing they’ve made a mistake, how soon can you get a divorce after marriage? Can you get a divorce immediately after marriage? There is no mandatory waiting period for filing for a divorce in New Jersey, but first it’s important to understand why divorce right after marriage happens to roughly one of every 10 couples.
Why are some marriages destined to fail so quickly? Divorce right after marriage is often attributed to couples believing the marriage will somehow fix something that was broken from the start. Divorce right after marriage may be foreseeable if any of the following common reasons for divorce existed before the couple’s wedding day:
- Incompatibility
- Lack of communication and poor conflict resolution
- Disagreements over having children
- Infidelity
- Substance abuse or addiction
- Emotional or physical abuse
- Financial stress, such as a sudden job loss, refusal to seek employment, growing debt, or gambling addiction
- Emotional or physical distance and lack of intimacy
Once one or both partners admit that the excitement of wedding plans and the marriage ceremony itself only served to delay their inevitable disappointment in the relationship, it may be time to consider breaking ties before more damage is done. So how soon can you get a divorce after marriage in New Jersey? Because there is no mandatory waiting period, you can file for a divorce as soon as you determine it’s necessary, and a court can grant a divorce as soon as all issues are resolved and the required paperwork is completed. The length of time it takes to complete those steps and finalize your divorce, however, depends on several factors, such as:
- Complexity of the case: If you have children, own property, and/or have shared ownership of a business or other significant financial assets, the divorce process may take longer.
- Cooperation: If you and your spouse can agree on the terms of the divorce, especially in regard to spousal/child support and the division of property, your divorce may be finalized more quickly.
- Court schedule: The workload of the court in which you file can also influence the duration of the divorce process.
You also need to be aware that while you can file for divorce at any time, and file quickly, it’s the court’s discretion to set the timeline – and this varies depending on the county in which you file – requiring a set amount of time to process paperwork and make a decision. Ultimately, the court’s schedule determines how soon you can get a divorce after marriage.
So when is it time to file for a divorce? The best time to file for a divorce depends on your circumstances and the responsibilities you and your spouse share, such as parenting children or owning a business together. With the exception of adultery, all grounds for dissolution require that you have lived in New Jersey for at least one year prior to filing your complaint for divorce. There are also tax implications to consider, assets to divide, and agreements to be reached over spousal and child support, all of which require careful attention to detail. Most importantly, the impact on the family’s well-being should weigh most heavily on the timing of a divorce, whether that be a divorce immediately after marriage, divorce 3 months after marriage, or at a much later interval.
If you think you need to file for divorce in New Jersey, whether that occurs at the end of the “honeymoon phase” or any time thereafter, it’s important to consult with an experienced divorce attorney. At DeTorres & DeGeorge Family Law, our team can advise you on divorce right after marriage and the best course of action for your specific situation. Contact us today to schedule a consultation with one of our divorce attorneys.
Frequently Asked Questions
What is a dissolution, and how is it different from a divorce?
New Jersey law makes no distinction between a dissolution of marriage and divorce. Divorce is called dissolution because it is ending, or dissolving, a legal union. The process is the same whether ending a marriage, a civil union, or a domestic partnership. With few exceptions, all grounds for dissolution require that you have lived in New Jersey for at least one year prior to filing your complaint for divorce.
What is an annulment?
An annulment is a legal ruling that declares a marriage never existed. In New Jersey, legal grounds for an annulment include the following:
- One spouse is still in an existing marriage, and the other is unaware of it.
- One or both parties are unable to consent to the marriage, due to age (under 18), mental capacity, or intoxication at the time.
- Duress, or a threat of violence which coerced one partner to consent to the marriage.
- Fraud, or any misrepresentation that affects the marriage.
New Jersey law does not specify a time limit for seeking an annulment.