Filing for divorce in New Jersey marks the beginning of a significant life transition that requires careful planning, understanding of legal procedures, and knowledge of your rights. Whether you're contemplating divorce or ready to file a divorce complaint, understanding the divorce process helps you navigate this challenging time with confidence and clarity.
The divorce process in New Jersey involves multiple steps from initial filing through final judgment, with opportunities for settlement at various stages. Working with an experienced family law attorney ensures you understand your options, meet all legal requirements, and protect your interests throughout the proceedings.
New Jersey Divorce Requirements
Before you can file for divorce in New Jersey, you must meet specific legal requirements that establish the court's jurisdiction over your divorce case.
Residency Requirements
At least one spouse must have been a continuous resident of New Jersey for 12 consecutive months immediately before filing for divorce. This residency requirement ensures the state has proper jurisdiction. The only exception applies when filing on grounds of adultery, which has no residency waiting period as long as one spouse currently resides in New Jersey.
Age Requirements
You must be at least 18 years old to file a divorce complaint. If you're under 18, a parent or guardian must file the complaint on your behalf.
Where to File
File your divorce complaint in the county where you lived when you separated from your spouse. If you no longer live in New Jersey but your spouse does, file in the county where your spouse resides.
Grounds for Divorce in New Jersey
When filing for divorce in New Jersey, you must cite specific legal grounds explaining why you're seeking to dissolve your marriage. The state recognizes both fault and no-fault grounds.
No-Fault Grounds
Irreconcilable differences became available in 2007 and require showing that the differences caused the marriage breakdown for at least six months with no reasonable prospect of reconciliation. This is the most common ground used today because it allows immediate filing after establishing residency and avoids contentious fault-based accusations. Separation is the second no-fault option, requiring you and your spouse to have lived separately and apart in different residences for at least 18 consecutive months.
Fault-Based Grounds
New Jersey law recognizes several fault grounds, including extreme cruelty (physical or mental cruelty endangering safety or health), adultery, desertion for 12 consecutive months, addiction to drugs or habitual drunkenness for 12 consecutive months, institutionalization for mental illness for 24 consecutive months, imprisonment for 18 consecutive months after marriage, and deviant sexual conduct performed without consent.
Choosing Your Grounds
Most couples today select irreconcilable differences for its simplicity and non-confrontational approach. However, fault grounds remain available when circumstances warrant their use, and you can list multiple grounds in your complaint.
Required Divorce Documents and Forms
Filing for divorce in New Jersey requires several essential documents that initiate and support your divorce case through the court system.
Divorce Complaint
This legal document officially starts your lawsuit in the Family Division of the Superior Court. The complaint includes your information, your spouse's information, your children's names and ages, grounds for divorce, and specific requests regarding custody, child support, support alimony, and equitable distribution of marital property. Different complaint forms exist depending on your grounds for divorce.
Certification of Verification and Non-Collusion
This sworn statement certifies that the information in your divorce complaint is truthful, you're not filing for secret or dishonest reasons, and no other legal actions are pending regarding your marriage.
Summons
This official notice informs your spouse that you filed a divorce complaint against them. It explains where and how to respond to the complaint and the deadline for filing a response (typically 35 days).
Case Information Statement (CN 10482)
Both parties must file this comprehensive financial disclosure form if custody, support, alimony, or equitable distribution are disputed. The form details income, expenses, assets, liabilities, and other financial information courts use to make decisions about financial matters.
Where to Obtain Divorce Forms
Several resources provide the forms and instructions you need to file for divorce in New Jersey.
Legal Services of New Jersey (LSNJ)
LSNJ offers a free divorce guide explaining how to file for divorce, dissolve a civil union, or terminate a domestic partnership for cases based on irreconcilable differences, separation, desertion, or extreme cruelty. They also sell a complete divorce kit with instructions and all required forms for $25.
New Jersey Courts Website
The New Jersey Judiciary provides downloadable forms with CN numbers on its website at njcourts.gov. These official court forms are free and include instructions for completion.
Superior Court Office of the Ombudsmen
You can obtain the required forms and instructions at your county courthouse through the local court ombudsman. The ombudsman is a neutral staff person who answers questions, provides assistance, and helps guide you through the court system, though they cannot give legal advice.
Step-by-Step Filing Process
Understanding the filing process helps you know what to expect when you file for divorce in New Jersey.
Step 1: Complete Required Documents
Gather all necessary information and complete your divorce complaint, certification of verification, and other required forms. Ensure all information is accurate and complete before filing.
Step 2: File With the Court
Submit your completed documents to the Family Division of Superior Court in the appropriate county along with the $300 filing fee. If filing electronically through the JEDS system, upload each document separately rather than combining them in one attachment.
Step 3: Serve Your Spouse
After filing, you must properly serve your spouse with copies of all filed documents. Service can be accomplished through a professional process server, sheriff, or certified mail. Your spouse must receive official notice of the divorce complaint and summons.
Step 4: Proof of Service
File a written verification with the court confirming that your spouse was properly served with the divorce papers. This proof of service establishes that your spouse received notice and starts the clock for their response deadline.
Your Spouse's Response Options
After being served with divorce papers, your spouse has several options for responding to your divorce complaint.
Answer
Your spouse can file an answer admitting or denying the allegations in your complaint. If they don't respond within 35 days, you can request that the court enter a default judgment in your favor.
Counterclaim
In addition to answering, your spouse can file a counterclaim presenting their own version of events and making their own requests regarding custody, parenting time, support, property division, and other divorce issues. A counterclaim doesn't mean they'll automatically get what they request, but it ensures their perspective is heard.
Appearance
For uncontested divorces, your spouse can simply file an appearance stating they don't contest the divorce but are prepared to appear regarding specific issues that need resolution.
Contested vs. Uncontested Divorce
New Jersey recognizes two main types of divorce proceedings based on whether spouses agree on all issues.
Uncontested Divorce
An uncontested divorce occurs when both spouses mutually agree to end their marriage and agree on all major issues, including custody, child support, spousal support, equitable distribution, and parenting time. This process is generally faster, less expensive, and less emotionally draining than contested proceedings. For uncontested divorces, couples prepare a joint property settlement agreement addressing all issues, which the court reviews and incorporates into the final divorce judgment.
Contested Divorce
A contested divorce arises when spouses cannot reach an agreement on one or more critical issues. These divorces require court intervention through a structured process including case management conferences, discovery, mediation sessions, and potentially a trial. Contested divorces take longer to resolve and typically involve higher legal costs, but they ensure each spouse's interests are represented when agreements cannot be reached.
The Seven-Step Divorce Process
New Jersey's divorce process follows a structured path designed to encourage settlement while providing trial access when necessary.
Step 1: Case Management Conference
After filing and response, the court schedules a case management conference where the judge assesses issues, establishes deadlines for document exchange, and determines whether experts are needed for custody evaluations or business valuations. This first court appearance sets the framework for how your divorce case will proceed.
Step 2: Discovery
During discovery, both spouses exchange comprehensive financial information through case information statements, interrogatories (written questions), and notices to produce documents. Each spouse must provide a complete disclosure of income, assets, liabilities, and expenses. Your divorce attorney may issue subpoenas and conduct depositions to gather additional information necessary for negotiations or trial.
Step 3: Parent Education Program
If you have minor children, both parents must complete a court-approved parent education workshop before the divorce can be finalized. This mandatory program helps parents understand how to support children through the divorce transition and minimize negative impacts.
Step 4: Early Settlement Panel
If a settlement isn't reached during discovery, you'll attend an early settlement panel where two or three experienced neutral divorce attorneys or retired judges review both parties' settlement proposals and make recommendations for resolution. If both spouses accept the panel's recommendations, a judge can finalize your divorce that same day.
Step 5: Economic Mediation
If the early settlement panel doesn't result in agreement, you'll participate in mandatory economic mediation with one neutral attorney mediator. The first two hours are provided at no charge, with additional time split equally between parties. Economic mediation focuses on resolving financial issues, including equitable distribution, support alimony, and related economic matters.
Step 6: Intensive Settlement Conference
If economic mediation fails to produce a settlement agreement, the judge schedules an intensive settlement conference at the courthouse. During this conference, your divorce attorney discusses unresolved issues with the judge, who may indicate how they typically rule on similar cases. The judge doesn't hear testimony or make formal decisions, but provides settlement recommendations designed to help parties reach an agreement before trial.
Step 7: Trial
If all settlement efforts fail, your divorce case proceeds to trial, where the judge hears testimony from both spouses, reviews evidence, considers expert opinions, and makes binding decisions on all unresolved issues. Trials are expensive and time-consuming, so the court system strongly encourages settlement whenever possible.
Special Considerations for Domestic Violence Cases
If domestic violence is a factor in your divorce, special protections and procedures apply throughout the divorce process.
Mediation Restrictions
If you have a temporary restraining order against your spouse, the court cannot send you to mediation sessions. If you have a final restraining order, there's a specialized Domestic Violence Economic Mediation Program, but you can only participate if you voluntarily agree.
Shuttle Diplomacy
When mediation occurs with restraining orders in place, the court uses shuttle diplomacy, where you and your spouse remain in separate rooms while the mediator moves between rooms to facilitate negotiations. This protects your safety while allowing discussion of financial issues.
Ending Mediation
You can end any mediation session at any time if you don't feel comfortable or safe. Your safety takes precedence over settlement negotiations.
Working With a Family Law Attorney
While you have the right to represent yourself in your divorce case, working with an experienced family law attorney provides significant advantages throughout the divorce process.
Why Hire a Divorce Attorney
A skilled family law attorney understands New Jersey divorce law, can identify issues you might overlook, negotiates effectively with opposing counsel, ensures complete financial disclosure, protects your rights throughout proceedings, and advocates for fair outcomes regarding property division, support, and custody. The complexity of divorce law and the long-term consequences of divorce agreements make legal representation a wise investment.
Finding Legal Help
Legal Services of New Jersey provides free legal assistance to qualifying low-income residents. The New Jersey State Bar Association offers lawyer referral services connecting you with attorneys in your area. Many family law attorneys offer initial consultations to discuss your case and explain your options.
What Court Staff Cannot Do
While court staff can explain procedures, provide forms, and answer questions about deadlines, they cannot give legal advice, tell you whether to file, predict outcomes, recommend lawyers, or communicate with judges on your behalf. Only your divorce attorney can provide legal advice tailored to your specific situation.
Financial Disclosure Requirements
Complete and accurate financial disclosure is essential in every New Jersey divorce case involving financial issues.
Case Information Statement
This comprehensive form requires detailed information about income from all sources, monthly expenses broken down by category, all assets including real estate, vehicles, bank accounts, retirement accounts, and investments, all liabilities including mortgages, credit cards, loans, and other debts, and information about health insurance coverage and costs.
Supporting Documentation
You'll need to provide supporting documents, including recent pay stubs, tax returns (typically three years), bank statements, retirement account statements, credit card statements, mortgage statements, vehicle titles and loan documents, and business financial records if you own a business.
Disclosure Deadlines
The court establishes specific deadlines for completing financial disclosure during the case management conference. Missing these deadlines can delay your divorce case and may result in sanctions, so working with your divorce attorney to meet all deadlines is crucial.
Property Division and Equitable Distribution
New Jersey follows the principle of equitable distribution when dividing marital property during divorce, which means fair but not necessarily equal division.
Identifying Marital Property
Marital property includes assets acquired during the marriage, regardless of whose name appears on the title. This encompasses the family home, vehicles, retirement accounts, businesses, investments, and even lottery winnings. Separate property includes assets owned before marriage, inheritances kept separate, and gifts received individually from third parties.
Valuation
Courts must determine the fair market value of all marital assets before division can occur. Complex assets like businesses, professional practices, or unvested pension benefits may require expert valuation from forensic accountants or business appraisers.
Division Factors
Courts consider multiple factors when determining equitable distribution including marriage duration, age and health of both spouses, economic circumstances, standard of living during marriage, contributions each spouse made to marital property, and earning capacity of each spouse.
Child Custody and Support Considerations
When divorces involve minor children, the court prioritizes the best interests of children when making decisions about custody, parenting time and child support obligations.
Legal vs. Physical Custody
Legal custody refers to decision-making authority about education, healthcare, religion, and other major life decisions. Physical custody determines where children primarily reside. New Jersey law states both parents have equal rights to custody, with courts increasingly favoring shared arrangements when appropriate.
Parenting Time
Even when one parent has primary physical custody, the other parent typically receives substantial parenting time through regular visitation schedules, holiday sharing, and vacation periods.
Child Support
Both parents must financially support their children according to established guidelines, considering combined parental income, number of children, parenting time arrangements, health insurance costs, and work-related childcare expenses.
Support Alimony Determinations
New Jersey law provides for spousal support, also called support alimony, to help the dependent spouse maintain a reasonable standard of living after divorce.
Types of Alimony
Courts can award open durational alimony (for marriages of 20 years or more), limited duration alimony (for marriages under 20 years), rehabilitative alimony (temporary support while a spouse gains skills for self-sufficiency), or reimbursement alimony (compensating a spouse who supported the other's education or career).
Determining Factors
Courts consider 14 statutory factors, including actual need and ability to pay, marriage length, age and health of both parties, standard of living established during marriage, earning capacities and employability, parental responsibilities, and contributions to the marriage, including career sacrifices.
Duration Limits
For marriages lasting less than 20 years, support alimony generally cannot exceed the length of the marriage unless exceptional circumstances exist justifying a longer duration.
Costs of Filing for Divorce
The complaint filing fee is $300. If your spouse files a response or counterclaim, they pay a $175 appearance fee. These fees are paid to the court when filing documents.
Legal fees vary significantly based on case complexity, attorney experience, and geographic location. Contested divorces involving significant assets or custody disputes typically cost more than simple uncontested divorces. Some attorneys charge hourly rates while others offer flat fees for uncontested divorces.
You may incur costs for process servers, expert witnesses like forensic accountants or custody evaluators, parent education programs, and mediation sessions beyond the free initial hours. Complex cases requiring QDROs for retirement account division may involve specialist fees.
If you cannot afford filing fees, you can request a fee waiver from the court based on your financial circumstances.
Protecting Your Rights During Divorce
Taking specific steps when filing for divorce in New Jersey helps protect your legal rights and financial interests throughout the divorce process.
Document Everything
Keep detailed records of all communications, financial transactions, parenting time, and relevant events. Documentation becomes crucial evidence if disputes arise during the divorce process.
Automatic Restraints
When divorce papers are served, automatic restraints prevent either spouse from taking children out of state, selling marital property, borrowing against property, or changing insurance beneficiaries without court permission.
Maintain Status Quo
Avoid making major financial decisions or changes during the divorce process without consulting your divorce attorney. Courts generally prefer maintaining the status quo until all issues are resolved.
Focus on Children
If you have children, prioritize their well-being and emotional stability throughout the divorce process. Avoid speaking negatively about your spouse to or around children, maintain routines when possible, and reassure children that they are loved by both parents.
Moving Forward With Your Divorce
Filing for divorce in New Jersey represents a significant decision that begins a structured legal process designed to fairly resolve all issues arising from the end of your marriage.
Whether you pursue an uncontested divorce through mutual agreement or face contested proceedings requiring court intervention, knowing what to expect at each stage reduces anxiety and helps you make informed decisions. The New Jersey court system provides multiple opportunities for settlement through mediation sessions, settlement panels, and conferences before resorting to trial.
If you're contemplating divorce or ready to file a divorce complaint, consult with a qualified family law attorney who can provide legal advice tailored to your specific situation. With proper legal guidance and understanding of filing for divorce in New Jersey, you can protect your interests and work toward a fair resolution that allows you to build your new future.