New Jersey Statutes Title 2A, Chapter 34 - Divorce

New Jersey allows both no-fault and fault-based divorce. The most common ground is irreconcilable differences that have caused the marriage breakdown for at least 6 months with no reasonable prospect of reconciliation. Fault grounds include adultery, desertion (12+ months), extreme cruelty, separation (18+ months in different homes), addiction or habitual drunkenness (12+ months), institutionalization for mental illness (24+ months), imprisonment (18+ months), and deviant sexual conduct without consent.

Effective: 2024

New Jersey allows divorce from bed and board (legal separation) for the same grounds as absolute divorce. This option does not fully dissolve the marriage but provides court-ordered separation, property division, and support. It also applies to legal separation from a partner in a civil union couple.

Effective: 2024

At least one spouse must have been a bona fide New Jersey resident for at least 1 year before filing for divorce. The only exception is adultery, which has no residency waiting period. The Superior Court, Chancery Division, Family Part has jurisdiction over all divorce, dissolution, and nullity actions.

Effective: 2024

New Jersey has abolished the traditional defenses of recrimination, condonation, and the clean hands doctrine in divorce proceedings. This means a spouse cannot block a divorce by arguing that the filing spouse also committed marital misconduct or previously forgave the offending behavior.

Effective: 2024

New Jersey is an equitable distribution state. The court divides all property legally and beneficially acquired during the marriage — from the date of marriage through the date a divorce complaint is filed. Equitable distribution is not necessarily equal; the court divides property fairly based on a statutory list of factors. There is a rebuttable presumption that each party made substantial financial or non-financial contributions during the marriage.

Effective: 2024

Courts must consider 16 factors when dividing property, including: duration of the marriage, age and health of the parties, income or property brought into the marriage, the marital standard of living, any prenuptial agreement, each party's economic circumstances, earning capacity, contributions to the other's education or career, contributions to acquisition or dissipation of marital assets (including homemaker contributions), tax consequences, present property value, the custodial parent's need to occupy the marital home, deferred career goals, and any other relevant factors. The court must make specific findings of fact on each factor.

Effective: 2024

Both parents have equal custody rights. The court may award joint custody, sole custody to one parent with parenting time for the other, or any other arrangement in the child's best interests. The court considers factors including: the parents' ability to cooperate and communicate, willingness to accept custody and allow parenting time, the parent-child relationship, any history of domestic violence, the child's safety, the child's preference (if of sufficient age and maturity), the child's needs, stability of the home, continuity of education, fitness of parents, geographic proximity, and the quality of time each parent spent with the child. Recently amended (effective 2025) to strengthen consideration of the child's expressed preferences and to require judges to explain on the record if they order custody contrary to the child's wishes.

Effective: 2025

Minor children of divorced or separated parents who were born in New Jersey or have resided there for 5 years cannot be relocated out of state without the consent of both parents or a court order. Under the Bisbing v. Bisbing (2017) standard, courts apply the best interests of the child test to all relocation requests, whether the relocating parent is the primary or alternate residence parent. The court considers factors including the child's right to maintain contact with both parents, the child's views, practical relocation arrangements, and any history of domestic violence.

Effective: 2024

Under the 2025 amendments to N.J.S.A. 9:2-4, courts may not order reunification therapy unless there is generally accepted, scientifically valid proof of its safety and effectiveness, and good cause is shown by a preponderance of the evidence. A child's reluctance to see a parent cannot automatically be attributed to the other parent. A parent with a history of abuse may not receive increased custody solely to improve the parent-child relationship. Any ordered therapy must be conducted by professionals with appropriate training.

Effective: 2025

New Jersey courts may award four types of alimony: open durational (no end date, only for marriages of 20+ years), limited duration (set term, cannot exceed marriage length for marriages under 20 years except in exceptional circumstances), rehabilitative (based on a specific plan to become self-supporting), and reimbursement (to repay a spouse who supported the other through education). The court considers 14 factors including: actual need and ability to pay, marriage duration, age and health, marital standard of living, earning capacities, time absent from the job market, parental responsibilities, financial and non-financial contributions, equitable distribution, investment income, tax consequences, and pendente lite support paid.

Effective: 2024

There is a rebuttable presumption that alimony terminates when the paying spouse reaches full Social Security retirement age. If the paying spouse seeks to retire before that age, they must prove by a preponderance of the evidence that the retirement is reasonable and in good faith. Alimony may also be suspended or terminated if the receiving spouse cohabits with another person in a mutually supportive, intimate relationship. Reimbursement alimony cannot be modified for any reason. The 2014 reform eliminated 'permanent alimony' and replaced it with 'open durational alimony.'

Effective: 2024

New Jersey uses an Income Shares model for child support, reflecting the principle that children should share in the current income of both parents. Both parents' incomes are combined and each parent's proportional share determines their contribution. Courts use either the Sole-Parenting Worksheet (Appendix IX-C, for less than 28% overnights with the non-custodial parent) or the Shared-Parenting Worksheet (Appendix IX-D, for 2+ overnights per week). Factors include the child's needs, each parent's standard of living, income and assets, earning ability, education, health, and reasonable debts.

Effective: 2024

Child support automatically terminates when a child reaches age 19, enters military service, gets married, or dies. A parent may request continuation of support up to age 23 if the child is still in school or other qualifying circumstances exist. Support may continue beyond age 23 only if the child has a severe mental or physical incapacity causing financial dependence. The Probation Division sends termination notices 6 months and 3 months before the child's 19th birthday. Emancipation is determined on a case-by-case basis — there is no automatic cutoff age in New Jersey common law.

Effective: 2024

A divorce action is commenced by filing a Complaint for Divorce in the Superior Court of New Jersey, Chancery Division, Family Part. The filing fee is $300. The complaint must include information about New Jersey residency, grounds for divorce, and demands regarding alimony, child custody, child support, and property division. The filing spouse is the plaintiff; the other spouse is the defendant.

Effective: 2024

The defendant must be served with a copy of the divorce complaint, whether the divorce is contested or uncontested. Service must comply with New Jersey court rules. The defendant has 35 days after receiving the divorce papers to respond. If the defendant fails to respond within 35 days, the plaintiff may proceed with a default divorce without a court hearing.

Effective: 2024

New Jersey requires mediation in all custody and parenting time disputes, unless a domestic violence restraining order is in effect. For financial disputes in divorce, the court may refer parties to an Early Settlement Panel (ESP) of experienced family lawyers who recommend a settlement. If ESP does not resolve issues, the court may order at least 2 hours of post-ESP economic mediation. Mediation communications are confidential under the Uniform Mediation Act (N.J.S.A. 2A:23C-1 et seq.). Outcomes are binding only if the parties voluntarily agree.

Effective: 2024

When both spouses agree on all issues — including grounds (typically irreconcilable differences for 6+ months), property division, custody, support, and alimony — they can proceed with an uncontested divorce. New Jersey courts now allow uncontested and default divorces to be finalized without a court hearing. Uncontested divorces typically take 6 to 8 months. The Family Division aims to resolve all cases within 12 months.

Effective: 2024

New Jersey's comprehensive domestic violence law allows victims to obtain Temporary Restraining Orders (TROs) at any time, including nights, weekends, and holidays through municipal courts. A Final Restraining Order (FRO) hearing occurs within 10 days. The court can order the abuser to leave the home, surrender firearms, pay support, and have no contact with the victim. Domestic violence is defined to include 19 criminal acts, from assault to stalking to cyber-harassment. Victims include spouses, former spouses, household members, co-parents, and dating partners. Mediation is prohibited in domestic violence cases.

Effective: 2024

Prenuptial agreements must be in writing, signed by both parties, and include an annexed statement of each party's assets. Parties may contract regarding property rights, spousal support, and disposition of assets upon divorce or death. Prenuptial agreements cannot adversely affect a child's right to support. An agreement is unenforceable if the challenging party proves by clear and convincing evidence that it was signed involuntarily or was unconscionable. The burden of proof to invalidate a prenup falls on the party challenging it.

Effective: 2024

New Jersey authorizes collaborative divorce, where both spouses and their attorneys sign a participation agreement to resolve all issues without court intervention. If the process fails and either party goes to court, both collaborative lawyers must withdraw and the parties must retain new counsel. Non-party participants (financial planners, therapists) may also join the process. The law covers any family law dispute, including divorce, custody, support, and property division.

Effective: 2024

Upon or after granting a divorce, the court may allow either spouse to resume any name they used before the marriage or to assume any surname. This provision also applies to partners in dissolved civil unions. The name change can be included in the final divorce judgment or requested separately after the divorce is finalized.

Effective: 2024

A parent who takes, keeps, or hides a child to deprive the other parent of custody or parenting time commits a criminal offense. Interference with custody is a second-degree crime if the child is taken out of the country or kept for more than 24 hours; otherwise it is a third-degree crime. A defense is available if the parent reasonably believed the action was necessary to protect the child from immediate danger. New Jersey also participates in the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which uses a 'home state' rule to determine custody jurisdiction.

Effective: 2024