If both parties agree that their marriage is irretrievably broken and there are no economic issues, there is a 90 day waiting period. However, if both parties do not agree that the marriage is irretrievably broken, the waiting period has been changed to one year. This change in the law went into effect in October, 2016.
After one year, the marriage is now presumed to be irretrievably broken and the parties do not need each other’s consent to be divorced. However, if there remain claims for the distribution of property, alimony or contribution to counsel fees and costs, they may now be decided by the appointment of a Divorce Master after a one year waiting period. Economic issues can also be resolved by agreement between the parties. This change was made in an attempt to allow families to resolve their financial issues more quickly.
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