Divorce Laws in New Jersey: Complete 2026 Guide

New Jersey recognizes both no-fault and fault-based grounds for divorce under N.J.S.A. 2A:34-2. The no-fault ground of 'irreconcilable differences' was added to the statute in 2007 and has since become the most commonly cited basis for divorce in the state. To file on this ground under N.J.S.A. 2A:34-2(i), you must certify that irreconcilable differences have caused the breakdown of the marriage for at least six months, that the marriage should be dissolved, and that there is no reasonable prospect of reconciliation. The no-fault option offers privacy benefits, as it avoids airing specific marital misconduct in court proceedings, which are matters of public record. New Jersey also allows divorce based on the fault ground of separation under N.J.S.A. 2A:34-2(d), which requires the spouses to have lived separate and apart in different habitations for at least 18 consecutive months with no reasonable prospect of reconciliation. After the 18-month period, a presumption arises that reconciliation is not possible. This ground predates the no-fault option and is used less frequently since 2007 but remains available. The remaining fault-based grounds under N.J.S.A. 2A:34-2 include: (a) adultery; (b) willful and continued desertion for 12 or more months; (c) extreme cruelty, defined as physical or mental cruelty endangering the safety or health of the plaintiff (with a mandatory 3-month waiting period from the last act of cruelty before filing); (e) voluntarily induced addiction to narcotics or habitual drunkenness for 12 or more consecutive months; (f) institutionalization for mental illness for 24 or more consecutive months after the marriage; (g) imprisonment for 18 or more consecutive months after the marriage; and (h) deviant sexual conduct without the plaintiff's consent. It is important to note that unless exceptional circumstances exist, New Jersey courts generally do not consider fault when making determinations about alimony and equitable distribution. Filing a fault-based divorce typically requires presenting evidence to prove the alleged misconduct, which can increase litigation costs. New Jersey has also abolished certain traditional defenses to divorce — including recrimination, condonation, and the clean hands doctrine — under N.J.S.A. 2A:34-7, meaning that even if both spouses have grounds, a decree may be granted to each.

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 Complaint for Divorce. This means the residency must be current and continuous — having lived in New Jersey at some point in the past, but not during the 12 months immediately before filing, does not satisfy the requirement. New Jersey does not require both parties to be residents; only one spouse needs to meet the residency threshold. The sole exception to the one-year residency requirement applies when the ground for divorce is adultery under N.J.S.A. 2A:34-2(a). In adultery cases, the one-year requirement is waived — the filing spouse needs only to be a bona fide resident of New Jersey for any length of time, even if less than one year. For all other grounds — both fault and no-fault — the full 12-month residency requirement must be satisfied. If a case is filed before the residency requirement is met, the court lacks jurisdiction and the case will be dismissed. Once the residency requirement is satisfied, the next consideration is venue — that is, which county courthouse will handle the case. Under Court Rule R. 5:7-1, the complaint should be filed in the county where the filing spouse was domiciled when the cause of action arose. If the filing spouse was not domiciled in New Jersey at that time, the complaint should be filed in the county where the other spouse was domiciled. If neither spouse was domiciled in New Jersey when the cause of action arose, the complaint may be filed in the county where the filing spouse resides when the action is commenced. Proof of residency may include a New Jersey driver's license, voter registration, property ownership records, or bank accounts in the state.

New Jersey is an equitable distribution state, meaning marital property is divided fairly — but not necessarily equally — between the spouses upon divorce. The statutory framework is set forth in N.J.S.A. 2A:34-23(h) and N.J.S.A. 2A:34-23.1. The court follows a three-step process: first, it identifies which assets and debts are eligible for distribution (marital vs. separate property); second, it determines the value of those assets and debts; and third, it distributes them equitably based on a comprehensive list of statutory factors. Marital property generally includes all assets and debts legally and beneficially acquired by either or both spouses during the marriage, from the date of marriage through the date the Complaint for Divorce is filed, regardless of which spouse's name appears on the title. This can include the marital home, retirement accounts, pensions, businesses, investments, stock options, and personal property. Separate property — which is exempt from equitable distribution — includes assets acquired before the marriage, after the filing of the divorce complaint, or by gift from a third party or inheritance during the marriage. However, gifts between spouses remain subject to equitable distribution. There is a rebuttable presumption under N.J.S.A. 2A:34-23.1 that each party made a substantial financial or nonfinancial contribution to the acquisition of income and property during the marriage. The statutory factors the court considers under N.J.S.A. 2A:34-23.1 include: (a) the duration of the marriage; (b) the age and physical and emotional health of the parties; (c) the income or property brought to the marriage by each party; (d) the standard of living established during the marriage; (e) any prenuptial or postnuptial agreements; (f) the economic circumstances of each party when distribution becomes effective; (g) the income and earning capacity of each party; (h) the debts and liabilities of the parties; (i) the contribution of each party to the acquisition, dissipation, preservation, depreciation, or appreciation of marital property, including contributions as a homemaker; (j) the tax consequences of the proposed distribution; (l) the need of a custodial parent to occupy the marital residence; (n) the need for trust funds for medical or educational costs; (o) the extent to which a party deferred career goals; and (p) any other factors the court deems relevant. Where one spouse has intentionally dissipated marital assets — for example, through reckless spending, gambling, or hiding assets — the court may add those assets back to the marital estate for distribution purposes. Prenuptial and postnuptial agreements can significantly affect the equitable distribution analysis, but courts will only enforce them if they were entered voluntarily, with full financial disclosure, and are not unconscionably one-sided.

New Jersey alimony law underwent significant reform in September 2014 (P.L. 2014, c.42), which amended N.J.S.A. 2A:34-23. The reform eliminated 'permanent alimony' and replaced it with 'open durational alimony,' established durational limits tied to the length of the marriage, and clarified grounds for modification and termination related to retirement, job loss, and cohabitation. The reformed law applies to judgments, orders, and agreements entered after September 10, 2014. Under the current statute, New Jersey courts may award one or more of four types of alimony: (1) Open durational alimony — available generally for marriages of 20 years or more, with no predetermined end date but subject to modification; (2) Limited duration alimony — for marriages under 20 years, with a term that generally cannot exceed the length of the marriage except in exceptional circumstances; (3) Rehabilitative alimony — designed to help a dependent spouse obtain the education, training, or work experience needed to become self-supporting; and (4) Reimbursement alimony — to compensate a spouse for financial contributions made to the other spouse's education or career advancement during the marriage. Additionally, pendente lite (temporary) alimony may be awarded during the divorce proceedings to maintain each spouse's financial position. In determining the amount and duration of alimony, the court must consider all of the statutory factors set forth in N.J.S.A. 2A:34-23(b), which include: the actual need and ability to pay; the duration of the marriage; the age, physical, and emotional health of the parties; the standard of living established during the marriage; each party's earning capacity, education, and employability; the length of absence from the job market; parental responsibilities for children; the time and cost needed for education or training; the financial and nonfinancial contributions to the marriage; tax consequences; equitable distribution of property; and any other factors the court deems relevant. No single factor is to be elevated above others unless the court makes specific written findings. Key durational provisions include: for marriages under 20 years, alimony generally cannot exceed the length of the marriage; there is a rebuttable presumption that alimony terminates when the obligor reaches full retirement age as defined under the Social Security Act; alimony may be modified or terminated upon retirement, loss of employment, or a substantial change in circumstances; and alimony is subject to review if the recipient cohabits with another person. The court evaluates cohabitation based on factors including intertwined finances, sharing living expenses, recognition of the relationship in social circles, and whether the couple lives together.

New Jersey child custody law is governed by N.J.S.A. 9:2-4, which declares it the public policy of the state to assure minor children of frequent and continuing contact with both parents after separation or divorce and to encourage parents to share the rights and responsibilities of child rearing. The law expressly states that the rights of both parents are equal, and neither parent receives a preference based on gender. New Jersey recently amended N.J.S.A. 9:2-4 to strengthen how courts address safety concerns, a child's expressed wishes, and restrictions on court-ordered therapy, including reunification therapy. Courts may award several types of custody arrangements: (a) joint custody, which may include joint legal custody (shared decision-making on major issues like health, education, and welfare) and/or joint physical custody (residential arrangements where the child lives with each parent); (b) sole custody to one parent with appropriate parenting time for the noncustodial parent; or (c) any other arrangement the court determines to be in the child's best interests. If parents agree on a custody arrangement, the court will approve it unless it is contrary to the child's best interests. If parents cannot agree, the court may require each parent to submit a custody plan. In making a custody determination, the court considers numerous factors under N.J.S.A. 9:2-4, including but not limited to: the parents' ability to agree, communicate, and cooperate in matters relating to the child; each parent's willingness to accept custody and any history of blocking parenting time; the interaction and relationship of the child with parents and siblings; any history of domestic violence; the safety of the child and either parent from physical abuse; the preference of the child when of sufficient age and maturity; the needs of the child; the stability of each home environment; the quality and continuity of the child's education; the fitness of the parents; the geographical proximity of the parents' homes; the extent and quality of time spent with the child before or after separation; and each parent's employment responsibilities. The recent amendments also require courts to consider input from any state-licensed mental health professional providing services to the child. The updated statute makes clear that child safety is the court's first priority — judges must address safety concerns such as domestic violence, abuse, or risk of harm before turning to parenting schedules or shared custody questions. Additionally, the amended law strengthens how a child's wishes are considered: when a child is old enough and mature enough to express a reasoned preference, the court must give it weight, and if the judge orders an arrangement contrary to the child's expressed wishes, the reasons must be stated on the record.

To file for divorce in New Jersey, you begin by preparing and filing a Complaint for Divorce with the Superior Court, Family Part, in the appropriate county. The complaint must state the legal grounds for the divorce under N.J.S.A. 2A:34-2 and include factual allegations supporting those grounds. Along with the complaint, you must file several required documents, including: a Confidential Litigant Information Sheet (Form CN 10486), a Certification of Insurance Coverage, a Certification of Verification and Non-Collusion, and a Case Information Statement (CIS) detailing your financial circumstances. New Jersey uses the Judiciary Electronic Document Submission (JEDS) system for electronic filing, and each required document must be uploaded as a separate attachment. The filing fee for the plaintiff's Complaint for Divorce is $300. If children are involved, an additional $25 per parent is required for the mandatory Parents' Education Program under N.J.S.A. 2A:34-12.5. The defendant's filing fee for an Answer or Appearance is $175. After filing, the complaint must be served on the defendant. Service may be accomplished through a professional process server, the county sheriff's office, or by the defendant's attorney accepting service. The defendant then has 35 days to file a response. If the defendant does not respond, the plaintiff may seek a default judgment. Both parties are required to provide full financial disclosure through the Case Information Statement, which details income, expenses, assets, and liabilities. Discovery — the formal exchange of financial information — is a critical phase of the divorce process. New Jersey courts encourage alternative dispute resolution. Most custody and parenting time disputes are initially referred to Complementary Dispute Resolution (CDR) services such as mediation. For financial issues, the court may schedule an Early Settlement Panel (ESP), where volunteer attorneys review the case and make non-binding settlement recommendations. If mediation and settlement panels are unsuccessful, the case may proceed to trial before a Family Part judge. For an uncontested divorce where both parties agree on all terms, a brief court appearance is typically required before the judge approves the final Judgment of Divorce. Fee waivers are available for litigants whose income is at or below 150% of the federal poverty level with no more than $2,500 in bank accounts. All divorce and family law matters in New Jersey are handled by the Superior Court of New Jersey, Family Part. The Superior Court has jurisdiction over all causes of divorce, dissolution of civil unions, divorce from bed and board, legal separation, and annulment when either party is a bona fide resident of the state, as established by N.J.S.A. 2A:34-8. There is a Superior Court located in each of New Jersey's 21 counties, and your case must be filed in the appropriate county based on venue rules under Court Rule R. 5:7-1. The Family Part is a division of the Superior Court that specifically handles family-related matters, including divorce, child custody, child support, domestic violence, adoption, and juvenile matters. Family Part judges are assigned to hear these cases and are experienced in the specialized areas of family law. The Family Part also oversees mediation and other dispute resolution services, the Parents' Education Program for divorcing parents with children, and the processing of Case Information Statements and discovery. If a party is dissatisfied with a Family Part decision, they may appeal to the Superior Court, Appellate Division, which reviews the trial court's rulings for legal errors. From the Appellate Division, further appeal may be sought to the New Jersey Supreme Court, although the Supreme Court has discretionary review and accepts only a limited number of cases. Additionally, the Family Part has the authority to enforce its own orders, including orders for alimony, child support, equitable distribution, and custody. Post-judgment motions to modify or enforce court orders are also filed in the Family Part.

New Jersey does not impose a standard mandatory waiting period or cooling-off period that applies to all divorces. This means that once the residency requirement is satisfied and the complaint is properly filed and served, the divorce can proceed through the court system without a statutory delay unrelated to the grounds themselves. However, the specific ground for divorce cited may impose its own time requirements that function similarly to a waiting period. For a no-fault divorce based on irreconcilable differences under N.J.S.A. 2A:34-2(i), the parties must certify that irreconcilable differences have existed for at least six months. There is no requirement that the spouses live separately during this period. For separation-based divorce under N.J.S.A. 2A:34-2(d), the parties must have lived separate and apart in different habitations for at least 18 consecutive months. For extreme cruelty under N.J.S.A. 2A:34-2(c), the complaint cannot be filed until at least three months after the last act of cruelty. For desertion under N.J.S.A. 2A:34-2(b), the desertion must have continued for 12 or more months. For substance addiction under N.J.S.A. 2A:34-2(e), the addiction or drunkenness must have persisted for 12 or more consecutive months. Once the Complaint for Divorce is filed and served, the defendant has 35 days to file a responsive pleading (Answer or Counterclaim). If the defendant fails to respond within 35 days, the plaintiff may seek a default judgment. For uncontested cases where both parties agree on all issues, the process can move relatively quickly — often concluding in a few months after filing. Contested divorces involving disputes over property, custody, or support typically take significantly longer, often 12 to 18 months or more depending on the complexity of the issues and court scheduling.