NEW JERSEY DIVORCE GUIDE

How to File for Divorce in New Jersey
Without a Lawyer

Filing for divorce in New Jersey without an attorney costs $300 in court fees. You must meet the residency requirement of 12 months in New Jersey. New Jersey is a equitable distribution state with a None (but 6-18 month separation for some grounds) waiting period. An uncontested divorce typically takes 3-6 months. Victoria AI guides you through every step with New Jersey-specific instructions.

$300
Filing Fee
None (but 6-18 month separation for some grounds)
Waiting Period
12 months in New Jersey
Residency
3-6 months
Timeline

Last updated: February 1, 2026 • Reviewed by Divorce.law Legal Team

New Jersey Divorce Requirements at a Glance

Filing Fee$300 (The filing fee is $300 statewide. Additional fees apply for motions and other filings.)
Residency Requirement12 months in New Jersey
Waiting PeriodNone (but 6-18 month separation for some grounds)
Property DivisionEquitable Distribution (fair, not equal)
Grounds for DivorceIrreconcilable differences (no-fault), Adultery, Desertion for 12+ months, Extreme cruelty, Separation for 18+ months, Drug addiction for 12+ months, Institutionalization for mental illness, Imprisonment for 18+ months, Deviant sexual conduct
No-Fault Only?No (fault grounds available)
Uncontested Timeline3-6 months
Contested Timeline1-2+ years
Fee Waiver Available?Yes
~28,000
Divorces per year in New Jersey
~45%
Pro se filers
4-6 months (uncontested)
Average duration
$300
Median filing fee

New Jersey Residency Requirements

To file for divorce in New Jersey, you must meet the following residency requirement: 12 months in New Jersey.

At least one spouse must have been a bona fide resident of New Jersey for at least 12 months before filing. The 12-month requirement doesn't apply to divorces based on adultery.

Tip: Victoria AI can help you determine if you meet New Jersey's residency requirements and guide you through the documentation needed to prove residency.

How to File for Divorce in New Jersey: Step-by-Step

Follow these steps to file for divorce in New Jersey without an attorney. Victoria AI guides you through each step with state-specific instructions.

STEP 1

Meet Residency Requirements

At least one spouse must have been a bona fide resident of New Jersey for at least 12 months before filing. The 12-month requirement doesn't apply to divorces based on adultery.

STEP 2

Gather Required Forms

Download the official New Jersey divorce forms: Complaint for Divorce, Summons, Case Information Statement. All forms are available from the New Jersey courts website.

STEP 3

Complete Your Petition

Fill out the divorce petition (Family Part) with your information, grounds for divorce, and what you're requesting (property division, custody, support).

STEP 4

File with the Court

File your completed petition with the New Jersey court and pay the filing fee of $300. Fee waivers are available if you qualify financially.

STEP 5

Serve Your Spouse

Properly serve your spouse with the divorce papers according to New Jersey rules. Options typically include sheriff service, process server, or certified mail with acknowledgment.

STEP 6

Complete Financial Disclosure

Exchange mandatory financial disclosure documents as required by New Jersey law. This typically includes income verification, tax returns, bank statements, and a sworn financial affidavit.

STEP 7

Wait for Response & Complete Waiting Period

New Jersey has no specific waiting period after filing. However, the 'separation' ground requires 18 months of living apart, reduced to 6 months for irreconcilable differences.

STEP 8

Finalize Your Divorce

Submit your final judgment to the court. For uncontested divorces in New Jersey, this typically takes 3-6 months. The court will issue your final divorce decree.

Required Forms for New Jersey Divorce

These are the primary forms you'll need to file for divorce in New Jersey. Victoria AI guides you through completing each form correctly.

Complaint for Divorce

Family Part

Initiates divorce

Summons

Court form

Notifies spouse

Case Information Statement

Appendix V

Comprehensive financial disclosure

Final Judgment of Divorce

Court form

Final judgment

New Jersey Divorce Costs & Filing Fees

The filing fee to start a divorce in New Jersey is $300. The filing fee is $300 statewide. Additional fees apply for motions and other filings.

Cost TypeAmount
Court Filing Fee$300
Service of Process$50-$100 (varies by method)
Certified Copies$5-$25 per copy
Total DIY Uncontested$500-$1,500 (uncontested DIY)

Fee Waiver Available in New Jersey

If you cannot afford the filing fee, New Jersey offers fee waivers for qualifying individuals. You'll need to complete a fee waiver application demonstrating financial hardship. This typically requires showing income below a certain threshold (often 125-200% of federal poverty guidelines) or receiving public assistance benefits.

Victoria can help: Our AI guides you through the fee waiver application process and helps you gather the required documentation.

Serving Your Spouse in New Jersey

After filing your divorce petition in New Jersey, you must legally "serve" your spouse with the divorce papers. This ensures they receive official notice of the divorce and have an opportunity to respond.

Acceptable Methods of Service in New Jersey

Personal Service

A sheriff, constable, or private process server personally delivers the papers to your spouse. Most reliable method.

Certified Mail

Papers sent via certified mail with return receipt requested. Your spouse must sign to acknowledge receipt.

Acceptance of Service

Your spouse voluntarily signs an acknowledgment that they received the papers. Fastest and cheapest option if cooperative.

Service by Publication

If your spouse cannot be located, you may be able to publish notice in a newspaper. Requires court approval.

Important: Proof of Service

You must file proof of service with the court showing your spouse was properly served. Without valid proof of service, your divorce cannot proceed. New Jersey courts are strict about service requirements.

Property Division in New Jersey

Equitable Distribution State

New Jersey is a equitable distribution state.

New Jersey uses equitable distribution. The court considers 16 statutory factors including duration of marriage, age and health, income and earning capacity, contribution to marital property, and debts and liabilities.

Victoria's Financial Tools: Our AI-powered financial tools help you identify, categorize, and value marital assets. Victoria can help you understand how New Jersey law applies to your specific property.

Child Support in New Jersey

New Jersey uses the Income shares model per New Jersey Child Support Guidelines.

New Jersey uses detailed income shares guidelines. Combined net income of both parents determines the basic support, with adjustments for parenting time, health insurance, childcare, and other factors.

Spousal Support Factors in New Jersey

  • Actual need and ability to pay
  • Duration of marriage
  • Age, health, and emotional state
  • Standard of living during marriage
  • Earning capacity and education
  • Length of absence from job market
  • Parental responsibilities
  • Time needed for training
  • History of contributions to spouse's career
  • Equitable distribution award
  • Income available from assets

New Jersey Divorce Timeline: What to Expect

Understanding the timeline helps you plan and set realistic expectations for your New Jersey divorce.

Uncontested Divorce

3-6 months

When both spouses agree on all terms including property division, custody, and support. This is the fastest and least expensive option.

Contested Divorce

1-2+ years

When spouses cannot agree and need court intervention to resolve disputes. Involves hearings, discovery, and potentially trial.

Typical New Jersey Divorce Timeline (Uncontested)

1

File Petition

Day 1 - Submit your divorce paperwork and pay the $300 filing fee

2

Serve Your Spouse

Within 30 days - Ensure proper legal service of divorce papers

3

Response Period

20-30 days - Your spouse has time to file a response

4

Waiting Period

None (but 6-18 month separation for some grounds) - New Jersey has no specific waiting period after filing. However, the 'separation' ground requires 18 months of living apart, reduced to 6 months for irreconcilable differences.

5

Final Judgment

Court issues your final divorce decree

Speed up your divorce: Victoria AI helps you complete forms correctly the first time, avoiding delays from rejected paperwork. Our checklists ensure you don't miss any steps or deadlines.

What Makes New Jersey Divorce Unique

Detailed Case Information Statement required

16 factors for equitable distribution

Alimony Reform Act of 2014 changed rules

Early Settlement Panel (ESP) program

Mediation and arbitration options

Key New Jersey Divorce Laws

  • N.J.S.A. 2A:34-2Grounds for Divorce
  • N.J.S.A. 2A:34-23.1Equitable Distribution
  • N.J.S.A. 2A:34-23Alimony
  • NJ Child Support GuidelinesChild Support

New Jersey Divorce FAQ

Common questions about filing for divorce in New Jersey without an attorney.

Victoria AI Knows New Jersey Divorce Law

Get 24/7 guidance specific to New Jersey's forms, procedures, and requirements.

New Jersey-specific forms

Guidance through every required form

Financial disclosure wizard

Complete your financial affidavit step-by-step

Child support calculator

Using New Jersey's exact guidelines

AI document drafting

Create properly formatted legal documents

Evidence notebook

Organize and categorize case documents

24/7 AI guidance

Ask Victoria anything, anytime

From $29/month

7-day free trial • Cancel anytime

Start Your New Jersey Divorce

Bank-Level Security

AES-256 encryption, SOC 2 ready infrastructure. Your documents are protected.

Not Legal Advice

Victoria provides legal information, not legal advice. For advice specific to your case, consult an attorney.

Official Sources

All New Jersey divorce information verified from official state court sources.

Ready to Start Your New Jersey Divorce?

Victoria is ready to guide you through every step of the New Jersey divorce process. Start your free trial today.

7-day free trial • Cancel anytime • Charged after trial ends