How to File for Divorce in New Jersey

In New Jersey, divorces are filed in the Superior Court of New Jersey, Chancery Division, Family Part for the county where either spouse resides. New Jersey follows equitable distribution, aiming for a fair (not automatic 50/50) division. Most cases proceed on no-fault irreconcilable differences.

Requirements to File

At least one spouse must have lived in New Jersey for 12 months immediately before filing in most cases. File in the county where either spouse lives. For irreconcilable differences, you must allege the marriage has been troubled for at least 6 months with no reasonable prospect of reconciliation. There is no mandatory post-filing waiting period to enter judgment, but timelines depend on service, disclosures, settlement, and the court calendar.

Step-by-Step Process

Step 1: Choose your path and prepare forms.
For an uncontested path, prepare a Complaint for Divorce, Summons, and Certification of Insurance and Financials. With minor children, include a proposed Parenting Plan and expect Parent Education in many vicinages. Drafting a Marital Settlement Agreement early can shorten the process.

Step 2: File with the clerk.
File at the Family Part in your county (e-filing or paper, depending on local procedure). Pay the filing fee or request an in forma pauperis waiver if payment is a hardship. You’ll receive a docket number and filed copies.

Step 3: Serve your spouse.
Arrange personal service by sheriff or process server, or obtain a signed Acknowledgment of Service/Appearance if your spouse cooperates. If, after diligent efforts, you cannot locate your spouse, request alternate service (for example, publication). Keep proof of service.

Step 4: Observe deadlines and exchange disclosures.
A defendant typically has 35 days after service to answer or appear. Exchange complete financial information early—pay stubs, tax returns, account statements—so settlement and child support reviews stay on track.

Step 5: Settlement or hearings.
If you settle, submit your Marital Settlement Agreement, child-related orders if applicable, and a proposed Final Judgment of Divorce. If disputes remain, the court may schedule case management, mediation, and hearings.

Step 6: Final judgment.
After court review (and any required appearance), the judge signs a Final Judgment of Divorce covering property and debt division, alimony if any, legal/physical custody and parenting time, child support, and any name change. Obtain certified copies to update benefits and accounts.

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FAQs

Do we need to be separated before filing in New Jersey?
No. You do not need to live apart to file; irreconcilable differences require a 6-month period of marital breakdown.

Which court handles divorces in New Jersey?
The Superior Court of New Jersey, Chancery Division, Family Part in the county where either spouse resides.

How long does a New Jersey divorce take?
Timing depends on service, disclosures, settlement, and the court calendar. There is no fixed post-filing waiting period for judgment.