So, you and your spouse have done the hard part. You worked through your issues in mediation, you reached agreements you can both live with, and your mediator has written everything down. At this point, you may be wondering what happens next, and how to finalize a mediated divorce in NJ once the negotiating is over.
The answer is that divorce mediation still requires a court process. Mediation settles your terms, but only the court can actually end your marriage. Compared to litigated divorce, however, the process for a mediated divorce is generally very simple. Here is a look at the steps between the end of your last mediation session and the day your divorce becomes official.
Your Memorandum of Understanding Is a Starting Point
At the end of mediation, your mediator will usually prepare a Memorandum of Understanding, often called an MOU. The MOU records what you and your spouse decided about how you will divide property, whether either spouse will get alimony, and if so, how much and for how long. If you have children together, it will also include your agreements about child custody, parenting time and child support. If you agreed on other details, such as how you will manage future changes or disagreements, these will be included as well. The MOU is an important document, but it is not a court order, and signing it does not divorce you. Think of it as a clear record of your decisions that forms the basis of your divorce settlement.
Turning Your MOU Into a Settlement Agreement
The next step is converting your decisions into a formal contract. In New Jersey, this document is usually called a Marital Settlement Agreement, or MSA. Some attorneys call it a Property Settlement Agreement. The two terms mean the same thing.
Typically, one spouse takes the MOU to their attorney, who drafts it into a full agreement. The other spouse then has their own attorney review the draft before signing. Your mediated settlement agreement in New Jersey will include everything in your MOU and will also contain legal terms to ensure that the agreement will be enforceable in New Jersey.
This is the stage where independent attorney review matters most. Once you sign, this agreement will govern your finances and your parenting arrangements for years. Most mediators encourage each spouse to have the final version reviewed by their own attorney before signing it.
Filing With the Court
New Jersey does not have a joint divorce petition. To finalize a mediated divorce in NJ, one spouse must file a Complaint for Divorce. If the complaint requests an uncontested divorce and the MSA signed by both parties is attached, the other spouse does not have to respond. The filing spouse must serve the other spouse within 60 days of filing and must also file proof of service with the court. After 35 days the filing spouse can request a divorce by default. This flowchart demonstrates the process.
A few practical requirements come into play here:
- Residency requirements. Generally, at least one spouse needs to have lived in New Jersey for a year before filing a complaint.
- Grounds for divorce. A complaint requires grounds for divorce. This does not mean that either spouse has to be at fault. Most couples who mediate file on the no-fault ground of “irreconcilable differences,” which typically requires that such differences have lasted at least six months.
- Additional Paperwork. There are a few routine verifications and certifications that must accompany the complaint. Unlike spouses in a contested divorce, those pursuing an uncontested divorce are not required to a formal Case Information Statement with financial disclosures. It is generally a good idea to file these anyway, however. You should ask your attorney about this before or during mediation. Even if you do not file full disclosures, the judge may ask for a basic financial summary or income details, especially if child support or alimony is involved. Either way, your MSA must clearly show that both of you understand your finances, debts, and income. If you have children, your MSA must include a custody and parenting plan.
If one of you filed for divorce before beginning mediation, which is common, then the complaint requirements are behind you. You will only need to submit your signed MSA to the court.
What the Court Actually Looks At
People often ask about court approval to finalize a mediated divorce in NJ, and the phrase can be misleading. Court approval of NJ mediation does not mean that a judge will review your mediation or second-guess the bargain you struck.
What the court confirms is narrower. A judge generally wants to know that the case belongs in New Jersey, that there are legal grounds for the divorce, and that both of you entered your agreement knowingly and voluntarily. New Jersey courts strongly favor letting couples resolve things by agreement. If your settlement was freely reached, judges are usually reluctant to disturb it.
There is one area where courts look a little more closely. When children are involved, a judge will want to be satisfied that the arrangements serve the children’s best interests. Even here, however, court defer to the parents’ wishes in most cases.
Finalizing Mediated NJ Divorce With or Without a Court Appearance
For a long time, finalizing meant showing up for a brief uncontested hearing where a judge asked each spouse a short list of questions.
That is still one path. But New Jersey now allows many uncontested and default divorces to be finalized on the papers, meaning a judge reviews the file and signs the judgment without anyone appearing. Couples who qualify must submit a certification along with their other paperwork. A judge can still ask you to appear if something needs clarifying.
This is one of the quieter advantages of settling in mediation. Because you have already resolved everything, you are in the best position to take the simplest available route through your county court system.
Whether you appear in court or not, the final step is the same. The judge signs a Final Judgment of Divorce and incorporates your settlement agreement into it. That judgment is what legally ends your marriage, and it takes effect immediately.
How Long Does It Take?
Timelines vary quite a bit by county and by how complete your paperwork is. Many uncontested New Jersey divorces are finalized within a few months of filing. Well-prepared cases that do not require a hearing can move faster.
The most common delays have nothing to do with disagreement. They are usually missing forms, incomplete financial documents, or a crowded court calendar. By settling your disagreements in mediation, however, you will avoid most court calendar delays.
After Your Divorce Is Final
Once the judgment is entered, there are a few practical tasks that you should handle to tie up loose ends:
- Request certified copies of your judgment, which you will need for many of the steps below
- Update beneficiary designations on retirement accounts and life insurance
- Retitle or refinance property according to your agreement
- Update Social Security and other records if you are resuming a former name
- Divide retirement accounts, which sometimes requires an additional court order
Your settlement agreement stays in force after the divorce. It is the document that governs your relationship with your former spouse going forward.
Mediation Gets You Most of the Way There
Now that you know how to finalize a mediated divorce in NJ, the process may feel less mysterious than it did. The court steps are necessary, but for couples who have settled everything in mediation, they are mostly procedural.
That is the point of mediating. You and your spouse make the decisions that matter, and the court’s role is largely to confirm that you made them freely and to make it official.
If you are considering mediation, or you have questions about how to finalize your mediated divorce in New Jersey, contact us today to schedule an initial consultation.