New Jersey Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce

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Multi-State
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US-01797BG
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Description

Most states don't have a remarriage waiting period after divorce, but some states have a statutory waiting time or allow a judge to create a waiting period for the parties. In some states, both parties must be given time to appeal the divorce decree before you can remarry. Those states that have remarriage waiting periods generally calculate the waiting period from the day the judge approves the divorce decree.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

There Are No New Jersey Laws Punishing Adultery In some states, a cheated-on party can sue the ?other man? or ?other woman? on grounds of ?alienation of affection,? claiming that the third party's actions destroyed the plaintiff's marriage. There is no longer any such cause of action in New Jersey.

N.J.S.A. 2A:34-23(h). Equitable distribution does not include any assets acquired by either party by way of gift (except that a gift from one spouse to the other is subject to equitable distribution), devise or interstate succession, or any assets acquired prior to the marriage.

Why is there a waiting period to remarry? Some states mandate a 30-day waiting period after a divorce is finalized. This waiting period often exists because former spouses typically have 30 days to appeal a divorce agreement after the divorce is finalized.

This will usually mean that they either have to pay more in alimony, or to receive less in alimony if they were to be awarded an amount. (Other examples of marital misconduct include physical abuse or mental abuse.) However, adultery won't affect the property division in a divorce.

Alimony and Spousal Support ? adultery will likely have the largest impact on the terms of your alimony agreement. The spouse who has committed adultery or another form of misconduct may either be awarded less alimony or be ordered to pay a greater amount of alimony depending on your circumstances.

New Jersey's no-fault divorce statute involves an assertion of ?irreconcilable differences,? as spelled out in NJSA 2A:34-2(i). Causes for divorce can include things like adultery, extreme cruelty, willful desertion, etc. ?Irreconcilable differences? was added as an amendment to the statute in 2007.

How long after divorce can you remarry or date in New Jersey? You can remarry at any point after a divorce has been finalized. However, only once you are divorced and a final decree has been issued. You can start dating at the appropriate time depending on your personal situation if you choose to do so.

New Jersey does not have a mandatory waiting period for divorce. This means that after filing a Complaint for Divorce, the court can grant a divorce as soon as all the necessary paperwork has been completed and all the issues related to the divorce have been resolved.

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New Jersey Petition to Waive Statutory Waiting Period Required for Remarriage After Divorce