Introduction
Filing for divorce is one of the most significant legal decisions a person can make, and understanding the laws that govern the process in your state is an essential first step. New Jersey has its own unique set of statutes, procedures, and judicial standards that shape how a marriage is dissolved, how property is divided, and how matters involving children are resolved.
This guide provides a comprehensive overview of the divorce process in the State of New Jersey. Whether you are just beginning to explore your options or are preparing to file, the information below will help you understand the key legal concepts, requirements, and steps involved. While this guide is designed to be thorough, it is for informational purposes only and should not be taken as legal advice. Every divorce is different, and consulting with a qualified New Jersey family law attorney is strongly recommended.
Grounds for Divorce in New Jersey
New Jersey recognizes both no-fault and fault-based grounds for divorce under N.J.S.A. 2A:34-2. Understanding the distinction is important because the grounds you choose can affect the tone, timeline, and complexity of your case.
No-Fault Grounds
The most commonly used ground for divorce in New Jersey is irreconcilable differences, a no-fault ground that was added to the statute in 2007. Under this provision, a spouse simply needs to certify that the marriage has experienced irreconcilable differences for at least six months, that there is no reasonable prospect of reconciliation, and that the breakdown of the marriage is not the result of a single isolated incident.
This no-fault option has become the preferred path for most divorcing couples in New Jersey because it eliminates the need to prove wrongdoing by either party, which often simplifies and accelerates the proceedings.
Another no-fault option is separation, which requires the spouses to have lived separate and apart for at least 18 consecutive months with no reasonable prospect of reconciliation.
Fault-Based Grounds
New Jersey also permits divorce based on several fault-based grounds, including:
- Adultery
- Extreme cruelty (physical or mental)
- Desertion for 12 or more consecutive months
- Substance addiction (alcohol or drugs)
- Institutionalization for mental illness for a period of 24 or more consecutive months
- Imprisonment of the other spouse for 18 or more consecutive months after the marriage
- Deviant sexual conduct without consent
Fault-based grounds require the filing spouse to present evidence to support the claim, which can make litigation more contentious and expensive. In some cases, however, fault may have an indirect impact on issues like alimony or the equitable distribution of assets, making it a strategic consideration worth discussing with an attorney.
Residency Requirements
Before you can file for divorce in New Jersey, you must satisfy the state's residency requirements. Under N.J.S.A. 2A:34-10, at least one spouse must have been a bona fide resident of the State of New Jersey for at least one year (12 consecutive months) immediately preceding the filing of the divorce complaint.
There is one notable exception: if the grounds for divorce are adultery, the residency requirement does not apply, though the adultery must have been committed in New Jersey.
It is important to understand that "bona fide resident" means more than simply owning property or having a mailing address in the state. The filing spouse must demonstrate a genuine domicile and intent to remain in New Jersey. If there is a dispute about residency, the court may require additional documentation or testimony.
Property Division
New Jersey is an equitable distribution state. This means that marital property is divided fairly — but not necessarily equally — between the spouses upon divorce. The court's goal is to achieve an outcome that is just and reasonable given the specific circumstances of the marriage.
Marital vs. Separate Property
Only marital property is subject to equitable distribution. Marital property generally includes all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. Separate property — such as assets owned before the marriage, inheritances received by one spouse individually, or gifts from third parties — is typically excluded from distribution, provided it has not been commingled with marital assets.
Factors the Court Considers
When dividing marital property, New Jersey courts consider a range of statutory factors under N.J.S.A. 2A:34-23.1, including but not limited to:
- The duration of the marriage
- The age, physical health, and emotional health of each spouse
- The income and earning capacity of each spouse
- The standard of living established during the marriage
- Each spouse's economic circumstances at the time of division
- Contributions made by each spouse to the marital estate, including homemaking and child-rearing
- Tax consequences of the proposed distribution
- The value of any separate property each spouse retains
- Any prenuptial or postnuptial agreements
Equitable distribution applies to all types of assets, including real estate, retirement accounts, pensions, business interests, investments, and personal property.
Child Custody and Parenting Time
When children are involved, custody is often the most emotionally charged aspect of a divorce. New Jersey courts make custody determinations based on the best interests of the child standard, which is the guiding principle in all custody and parenting time decisions.
Types of Custody
New Jersey law distinguishes between two types of custody:
- Legal custody refers to the right to make major decisions about the child's life, including education, healthcare, and religious upbringing. Legal custody can be granted jointly or solely to one parent.
- Physical custody (also called residential custody) refers to where the child primarily lives. One parent may be designated as the parent of primary residence (PPR), while the other is the parent of alternate residence (PAR) with a parenting time schedule.
Factors Considered by the Court
Under N.J.S.A. 9:2-4, the court evaluates numerous factors when determining custody arrangements, including:
- The safety and welfare of the child
- The parents' ability to communicate and cooperate
- The needs of the child and the stability of each home environment
- The quality of the child's relationship with each parent and siblings
- Each parent's willingness to accept custody and facilitate a relationship with the other parent
- Any history of domestic violence
- The preference of the child, if the child is of sufficient age and maturity
- Geographic proximity of the parents' homes
New Jersey courts generally favor arrangements that allow the child to maintain a strong, healthy relationship with both parents.
Spousal Support (Alimony)
Spousal support, commonly referred to as alimony, may be awarded to either spouse in a New Jersey divorce. The purpose of alimony is to help the lower-earning or non-earning spouse maintain a reasonably comparable standard of living after the marriage ends.
Types of Alimony
New Jersey law recognizes several types of alimony under N.J.S.A. 2A:34-23:
- Open durational alimony — Available in marriages lasting 20 years or more (or in exceptional circumstances for shorter marriages). This type of alimony has no predetermined end date but may be modified based on changed circumstances.
- Limited duration alimony — Awarded for a specific period, typically in marriages of shorter or moderate length where the recipient spouse needs time to become self-sufficient.
- Rehabilitative alimony — Designed to support a spouse through education, training, or career development necessary to re-enter the workforce.
- Reimbursement alimony — Compensates a spouse who supported the other through advanced education or professional training with the expectation of shared financial benefits.
Factors the Court Considers
New Jersey courts weigh a comprehensive list of statutory factors when determining alimony, including the length of the marriage, the age and health of both parties, earning capacities, the standard of living during the marriage, parental responsibilities, and each spouse's financial needs and abilities.
Filing Process
The divorce process in New Jersey generally follows these key steps:
Step 1: Prepare and File the Complaint
The divorce begins when one spouse (the plaintiff) files a Complaint for Divorce with the Superior Court of New Jersey, Family Division, in the county where either spouse resides. The filing fee is approximately $300 to $325 as of early 2026, though fees may vary slightly by county and should be verified with the local clerk's office.
Step 2: Serve the Other Spouse
After filing, the complaint and a summons must be formally served on the other spouse (the defendant). Service can be accomplished through personal delivery by a process server, certified mail, or other methods approved by the court.
Step 3: Response
The defendant typically has 35 days to file an Answer and, if desired, a Counterclaim for Divorce. If the defendant fails to respond, the plaintiff may seek a default judgment.
Step 4: Case Management and Discovery
Once both parties have filed their pleadings, the court will schedule a Case Management Conference. During the discovery phase, both parties exchange financial documents, complete Case Information Statements (CIS), and may use interrogatories, depositions, and subpoenas to gather relevant information.
Step 5: Negotiation, Mediation, or Trial
Most New Jersey divorces are resolved through negotiation or court-annexed mediation and Early Settlement Panels (ESP). If the parties cannot reach a settlement, the case proceeds to trial, where a judge makes final determinations on all unresolved issues.
Step 6: Final Judgment of Divorce
Once all issues are resolved — either through a settlement agreement or a trial — the court enters a Final Judgment of Divorce, officially dissolving the marriage.
Timeline and Costs
Timeline
There is no general mandatory waiting period in New Jersey before a divorce can be finalized. However, the irreconcilable differences ground requires a six-month certification period, and the separation ground requires 18 months of living apart.
An uncontested divorce — where both spouses agree on all major issues — can potentially be finalized in as little as two to three months from the date of filing. Contested divorces involving disputes over custody, property, or alimony can take one year or longer, particularly if the case goes to trial.
Costs
- Court filing fee: $300–$325
- Attorney fees: Vary widely depending on the complexity of the case, ranging from a few thousand dollars for a simple uncontested divorce to $15,000–$50,000 or more for complex, contested matters.
- Mediation fees, expert witnesses, and other costs may add to the overall expense.
Couples who are able to reach agreements on key issues outside of court — through negotiation, mediation, or collaborative divorce — can significantly reduce both the cost and the emotional toll of the process.
Legal Disclaimer
This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws and procedures can change, and the application of these laws varies based on individual circumstances. The information presented here is based on New Jersey statutes and general legal principles as of the time of writing and may not reflect the most current legal developments. Court filing fees, timelines, and procedures should be verified with the appropriate local court. You should consult a qualified New Jersey family law attorney to obtain advice tailored to your specific situation before making any legal decisions.