Divorce Checklist for New Jersey

New Jersey requires at least one spouse to have been a bona fide resident of the state for 12 consecutive months immediately before filing a divorce complaint, as mandated by N.J.S.A. 2A:34-10. The sole exception applies when adultery is the ground for divorce, in which case no minimum residency period is required. You must be prepared to prove residency through documentation such as a lease, mortgage statement, utility bills, or a New Jersey driver's license showing continuous residence. File your complaint in the Superior Court, Chancery Division, Family Part in the county where either you or your spouse resided when the grounds for divorce arose. If you moved to New Jersey after the marital problems began, you must still satisfy the full 12-month residency requirement before the court will accept jurisdiction over your case.

New Jersey recognizes both no-fault and fault-based grounds for divorce under N.J.S.A. 2A:34-2. The most commonly used no-fault ground is irreconcilable differences, which requires that the differences have existed for at least 6 months and that there is no reasonable prospect of reconciliation. The second no-fault option is separation for 18 or more consecutive months. Fault-based grounds include adultery, extreme cruelty (with a mandatory 3-month cooling period after the last act of cruelty per N.J.S.A. 2A:34-2(c)), willful desertion for 12 or more months, addiction or habitual drunkenness for 12 consecutive months, institutionalization for mental illness for 24 consecutive months, and imprisonment for 18 or more consecutive months after marriage. Selecting irreconcilable differences is the simplest path and avoids the burden of proving fault.

Before filing, assemble all personal identification documents and financial records you will need throughout the divorce process. New Jersey Court Rule 5:5-2 requires both parties to file a Case Information Statement (Form CN 10482) disclosing detailed financial information, including income, monthly expenses, assets, and liabilities. Collecting these records in advance will prevent delays once litigation begins. You will need your marriage certificate, birth certificates for any minor children, the last 3 years of federal and state tax returns with all W-2s and 1099s, recent pay stubs covering at least the past 8 weeks, bank and investment account statements for the past 12 months, retirement account statements, real estate deeds and mortgage statements, vehicle titles, and credit card statements. Organize documents by category and make copies of everything, keeping originals in a secure location outside the marital home.

If you are experiencing domestic violence, prioritize your safety before initiating divorce proceedings. New Jersey's Prevention of Domestic Violence Act, N.J.S.A. 2C:25-17 et seq., provides immediate protection through temporary restraining orders (TROs) available 24 hours a day from the Superior Court during business hours or from municipal court after hours. A TRO can grant you exclusive possession of the marital home, temporary custody, and emergency financial support. The NJ Domestic Violence Hotline at 1-800-572-7233 provides confidential crisis counseling, safety planning, and shelter referrals around the clock. The NJ Coalition to End Domestic Violence (https://njcedv.org) maintains a statewide shelter finder at https://njcedv.org/programs. If a restraining order is in place, you are exempt from mandatory mediation under Rule 1:40-5, and you may be excused from the Parent Education Program under N.J.S.A. 2A:34-12.5.

Draft and file a Complaint for Divorce with the Superior Court of New Jersey, Chancery Division, Family Part in your county of venue. The complaint must include a Certification of Verification and Non-Collusion, stating the factual basis for your grounds under N.J.S.A. 2A:34-2 and certifying the action is not brought by collusion. You must pay a filing fee of $300.00 at the time of filing. Filing can be done electronically through the Judiciary Electronic Document Submission (JEDS) system at njcourts.gov, in person at the courthouse, or by mail with a check or money order payable to 'Treasurer, State of New Jersey.' When filing electronically, each document must be uploaded as a separate PDF file not exceeding 35 megabytes. The court will assign a docket number upon acceptance. If filing in person, bring two copies of all documents plus one copy for your records.

File the Confidential Litigant Information Sheet (Form CN 10486) simultaneously with your Complaint for Divorce, as required by N.J.S.A. 2A:17-56.60. This form was revised effective November 8, 2024, and the current version must be used. The CLIS contains sensitive personal information including Social Security numbers, dates of birth, driver's license numbers, and medical information for both parties and any minor children. This information is kept confidential by the court and is not shared with the opposing party. Section 1 covers basic personal identifiers for both spouses. Section 2 must be completed if the case involves alimony, child support, custody, or parenting time, including health insurance information for children. Section 3 requires your signature certifying accuracy under penalty of perjury. If you fail to file the CLIS, the court will issue a deficiency notice, and you have 10 days to comply before your pleading may be dismissed.

File a Certification of Insurance Coverage at the time of filing your Complaint for Divorce, as required by New Jersey Court Rule 5:4-2(f). This certification must list all insurance policies currently in effect for both parties and any minor children, including health and medical insurance, life insurance, automobile insurance, homeowner's or renter's insurance, disability insurance, and any other active policies. For each policy, provide the insurance company name, policy number, named insured, beneficiaries, and type of coverage. You are signing this certification under oath, meaning all information must be accurate and complete. Under New Jersey court rules, both parties are required to maintain all existing insurance coverage pending further court order. Failure to maintain coverage or provide accurate information may result in sanctions. This document ensures neither party unilaterally cancels insurance that protects the family during the divorce proceedings.

File the Self-Represented Litigant Certification of Notification of Complementary Dispute Resolution Alternatives (Form CN 10889) with your Complaint for Divorce if you are proceeding without an attorney. This certification confirms that you have been informed about alternative dispute resolution options available through the New Jersey courts, including mediation, arbitration, and the Early Settlement Panel program under Court Rule 1:40. New Jersey strongly encourages parties to resolve divorce disputes through CDR programs before proceeding to trial. The court's Complementary Dispute Resolution program offers custody and parenting time mediation under Rule 1:40-5(a) and post-Early Settlement Panel economic mediation under Rule 1:40-5(b). Understanding these options at the outset helps set expectations for the litigation process. If you are represented by an attorney, your attorney handles this certification requirement. Filing this form confirms your awareness of less adversarial resolution pathways and satisfies the court's procedural requirement.

After filing, you must serve your spouse with the Summons, Complaint for Divorce, and all accompanying documents. Under New Jersey Court Rule 4:4-3, the plaintiff cannot personally serve the papers. Service must be made by the county sheriff, a professional process server, or any competent adult over age 18 who is not a party to the case. The most common methods are personal service through the sheriff's office (which charges a fee and provides proof of service directly to the court) or through a private process server. You may also serve by certified mail with return receipt requested, but if your spouse refuses delivery or fails to sign, the service is not valid and you must attempt personal service. You must complete service within 60 days of filing the complaint. After service, the server must file a proof of service or affidavit of service with the court documenting the date, time, and manner of delivery.

After personal service, your spouse has exactly 35 days to respond to the Complaint for Divorce. If served by mail, the response deadline extends to 60 days. Under New Jersey court rules, your spouse has three options for responding: file an Answer contesting the allegations in the complaint, file an Answer and Counterclaim raising their own grounds for divorce and additional claims, or file an Appearance acknowledging the complaint without contesting it while preserving the right to be heard on custody, support, alimony, and equitable distribution. If your spouse files an Answer or Appearance, they must also pay a filing fee of $50.00 and file their own Confidential Litigant Information Sheet (Form CN 10486). If your spouse fails to respond within the 35-day period after personal service, you may request entry of default through the court clerk, which allows you to proceed toward a default judgment without their participation.

Both parties must file a Case Information Statement (Form CN 10482) as required by New Jersey Court Rule 5:5-2(a) in all contested family actions involving custody, support, alimony, or equitable distribution. The plaintiff should file the CIS with the initial complaint or within 20 days after filing. The defendant must file their CIS within 20 days after filing an Answer or Appearance. The CIS is a comprehensive financial disclosure document containing seven parts: Part A covers personal and case information, Parts B and C detail all employment and income sources, Part D itemizes monthly expenses broken into shelter, transportation, and personal categories, Part E lists all assets and liabilities as a balance sheet, Part F addresses special circumstances, and Part G is a checklist of required attachments. All financial information is certified under oath and subject to perjury penalties. Failure to file the CIS may result in dismissal of your pleadings.

If you have minor children, both parents must attend the New Jersey Parent Education Program (PEP) within 90 days of filing the divorce complaint, as required by the New Jersey Parent's Education Act, N.J.S.A. 2A:34-12.5. The PEP is a program lasting approximately 2 to 4 hours that covers the impact of divorce on children, effective co-parenting communication strategies, and legal issues related to custody and parenting time. Parents are scheduled for separate sessions and will not attend on the same date. The program is presented by a Custody and Parenting Time Mediator in the county where the case is filed, and both in-person and online options are available. An additional $25 fee may apply for the parent education component. The Final Judgment of Divorce cannot be entered until both parents have completed the PEP. Exemptions are available if you have a temporary or permanent restraining order against the other parent, or if the court finds good cause.

Discovery is the formal legal process through which both parties exchange financial information and evidence relevant to the divorce. Under New Jersey Court Rule 5:5-1, discovery devices include interrogatories, depositions (excluding family members under age 18), requests for production of documents, and requests for admissions. Discovery must be completed within 90 days of service in cases assigned to the expedited track and within 120 days for standard track cases, per the court's case management order. Parties have 28 days to respond to interrogatories after service. Each party must provide accurate and complete financial information, including tax returns, business records, real estate appraisals, retirement account valuations, and any other documents bearing on equitable distribution, alimony, and child support calculations. Intentionally providing false or incomplete information can result in contempt of court, sanctions, and an unfavorable property distribution.

After discovery is substantially complete, contested cases are scheduled for the Early Settlement Panel (ESP) hearing under New Jersey Court Rule 5:5-5. The ESP is a non-binding settlement conference where both parties and their attorneys present their positions to a panel of two volunteer family law attorneys who are not involved in the case. Each side submits a brief written summary of the disputed issues and their proposed resolutions to the ESP coordinator and panelists at least 5 days before the hearing date. The panel reviews the facts, listens to both sides, and issues non-binding settlement recommendations based on how they believe a judge would likely resolve the case. Many New Jersey divorces settle at or shortly after the ESP hearing. Participation is mandatory once ordered by the court. Failure to submit papers on time or appear may result in case dismissal or an order requiring you to pay the other party's attorney fees under Rule 5:5-5.

If the Early Settlement Panel does not result in a full settlement, the court will order mandatory post-ESP economic mediation under New Jersey Court Rules 5:5-6 and 1:40-5(b). Both parties select a mediator from the court's statewide roster of approved mediators. The first 2 hours of mediation (including 1 hour of preparation and 1 hour of session time) are provided at no cost when the mediator is selected from the court roster. After the initial free session, continued mediation is at the mediator's market rate, typically split equally between the parties unless the court orders a different allocation. Mediation of economic issues covers equitable distribution of marital property, alimony, child support, and any other financial disputes. Both parties must provide accurate financial information to the mediator, including Case Information Statements and appraisal reports. Cases involving active domestic violence restraining orders are exempt from mediation under Rule 1:40-5.

If all issues are resolved through mediation or negotiation, you may submit an uncontested divorce package for the court's approval. For uncontested divorces finalized without a court appearance, file the Certification for Divorce Papers (Form CN 12620, revised per Directive #01-25 dated March 19, 2025) along with a signed Property Settlement Agreement or Marital Settlement Agreement. The judge reviews the papers and, if satisfied, signs the Final Judgment of Divorce without requiring a hearing. If issues remain contested, the case proceeds to a bench trial before a Family Part judge, where both sides present testimony and evidence. New Jersey's Family Division has a guideline that most divorce cases should be resolved within 12 months of filing. The Final Judgment of Divorce is effective immediately upon entry — there is no mandatory waiting period in New Jersey, and either party may remarry immediately after the judgment is signed.