Divorce Resources in New Jersey: Court Forms, Legal Aid & Filing Guide

To file for divorce in New Jersey, you must submit a Complaint for Divorce in the Superior Court, Chancery Division, Family Part in the county where you lived when you separated, or where the defendant resides if you no longer live in the state. Under N.J.S.A. 2A:34-10, at least one spouse must have been a bona fide resident of New Jersey for 12 consecutive months immediately before filing, unless the ground is adultery. The most common ground is irreconcilable differences under N.J.S.A. 2A:34-2(i), which requires that the differences existed for at least six months with no reasonable prospect of reconciliation. The $300 filing fee is payable by check or money order to "Treasurer, State of New Jersey."

Your filing packet must include several mandatory documents: the Complaint for Divorce (Form 1D for irreconcilable differences), a Summons (CN 10792), a Confidential Litigant Information Sheet (CN 10486), a Certification of Verification and Non-Collusion as required by Rule 5:4-2(c), a Certification of Insurance Coverage listing all known insurance policies, and the CDR Alternatives Certification (CN 10889) confirming you reviewed dispute resolution options under Rule 5:4-2(h). You may file electronically through the Judiciary Electronic Document Submission (JEDS) system at njcourts.gov, file in person at the courthouse, or mail the originals plus two copies to the Family Division.

After filing, you must serve the defendant with the Summons, Complaint, and all required documents within 60 days of the filing date, as prescribed by the New Jersey Rules of Court. Service may be completed through the County Sheriff's Office or a private process server. The defendant has 35 days from the date of service to file an Answer, Counterclaim, General Appearance, or Acknowledgment of Service. If the defendant fails to respond, you may file a Request to Enter Default. If custody, support, alimony, or equitable distribution are at issue, both parties must file a Case Information Statement (CN 10482) pursuant to Rule 5:5-2(a).

For uncontested or default divorces, you may request a final Judgment of Divorce without a court appearance by filing the Certification in Support of Judgment of Divorce (CN 12620). The judge retains discretion to require a hearing regardless. If minor children are involved, both parents must complete the Parent Education Program under N.J.S.A. 2A:34-12.5 before the final judgment is entered; the $25 registration fee is paid to the Parents' Education Fund. New Jersey has no mandatory waiting period for no-fault divorce beyond the six-month irreconcilable differences requirement, and the court does not impose a cooling-off period before entering final judgment.

New Jersey requires both parents to complete the Parents' Education Program (PEP) before the court will enter a final Judgment of Divorce when custody, visitation, or child support is at issue. This requirement is mandated by the Parents' Education Act, N.J.S.A. 2A:34-12.5, enacted in 1999. The program is administered by the Administrative Office of the Courts and is available in-person at designated locations across New Jersey or online. Each parent must attend separate sessions. The registration fee is $25, paid to the Parents' Education Fund established under N.J.S.A. 2A:34-12.4. The program covers co-parenting communication, understanding the impact of divorce on children, financial responsibility allocation, and techniques to help children transition to a new family structure. If a temporary or final restraining order exists under the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17), the court may excuse a party from attending. Failure to complete the program may be considered by the court when resolving custody and parenting time disputes under N.J.S.A. 2A:34-12.7.

New Jersey courts incorporate Complementary Dispute Resolution (CDR) as an integral part of the divorce process under Rule 1:40. While mediation is not universally mandatory before filing, all custody and parenting time disputes are subject to mandatory mediation referral under Rule 1:40-5. When a complaint or motion involves a genuine and substantial custody or parenting time issue, the court screens the matter and refers it to mediation in the child's best interests. For economic issues including alimony, child support, and property division, New Jersey uses an Early Settlement Panel (ESP) program where a panel of family lawyers reviews the case and recommends a settlement. If parties do not accept the ESP recommendation, the court orders at least two hours of post-ESP economic mediation. No matter shall be referred to mediation if a temporary or final restraining order is in effect under the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-17), although the victim may voluntarily agree to economic mediation under certain circumstances. All mediation communications are confidential under the New Jersey Uniform Mediation Act, N.J.S.A. 2A:23C-1.

Both parties in a New Jersey divorce must file a Case Information Statement (CIS, CN 10482) when custody, support, alimony, or equitable distribution are contested, as required by Rule 5:5-2(a). The CIS is a comprehensive financial disclosure document divided into seven parts (A through G): basic information, miscellaneous information, income, monthly expenses and budget, assets and liabilities, special problems, and required attachments. Part G mandates attachment of three most recent paystubs, federal and state tax returns for the past two years, all W-2s and 1099s, and current bank and investment account statements. The plaintiff must file the CIS with the initial Complaint or within 20 days; the defendant must file within 20 days of filing an Answer or Appearance. Under the Rules of Court, every litigant has a continuing obligation to update the CIS whenever financial circumstances change. Failure to disclose assets or income accurately constitutes perjury, as the CIS is a certified sworn document, and may result in sanctions, adverse inferences, or reallocation of marital assets by the court.