Divorce in New Jersey

How to file for divorce in New Jersey

1. Check residency. 12 consecutive months of bona fide New Jersey residency before filing (either spouse may simply be a current resident if filing on adultery grounds).
2. Check any separation requirement. 18+ consecutive months living apart in separate residences is one available no-fault ground (an alternative to the 6-month irreconcilable differences ground).
3. Prepare and file the Complaint for Divorce (also called a Dissolution Complaint) with the Superior Court, Chancery Division, Family Part in your county. The filing fee is typically $300 to $325, and you can ask for a fee waiver if you cannot afford it.
4. Serve your spouse, or have them sign an acceptance of service, and file proof of service.
5. Exchange financial disclosures. A Case Information Statement (CIS) is required whenever custody, support, alimony, or equitable distribution are at issue, along with tax returns, W-2s, and pay stubs.
6. Settle the issues in a written agreement, and a parenting plan if you have children.
7. Wait out the waiting period. No mandatory post-filing waiting period. Then ask the court for your final judgment.

Residency and grounds

Residency: 12 consecutive months of bona fide New Jersey residency before filing (either spouse may simply be a current resident if filing on adultery grounds).

Grounds: No-fault and fault. Most people still file on no-fault grounds, which is simpler and usually cheaper.

Separation: 18+ consecutive months living apart in separate residences is one available no-fault ground (an alternative to the 6-month irreconcilable differences ground).

How property is divided

New Jersey uses equitable distribution. Marital property and debts are divided fairly, which often lands near equal but not always. Courts weigh things like the length of the marriage, each spouse's income and earning capacity, and contributions as a homemaker. Read how property is divided.

Custody and child support

Parenting terms: New Jersey uses the terms custody (legal custody and physical custody). Every decision is made in the child's best interests.

Parenting class: Required statewide when minor children are involved; a $25 parent education fee is charged in applicable cases.

Child support: New Jersey uses the income shares model, which combines both parents' incomes, estimates what parents at that income usually spend on children, and divides that amount by each parent's share of income. Try the child support calculator.

Spousal support

Four types are available (open durational, limited duration, rehabilitative, and reimbursement); there is no formula, and open durational alimony is presumed to end at the paying spouse's full retirement age.

Estimate a range with the spousal support calculator, then have a lawyer check it if the numbers are large.

Faster and simpler options

New Jersey does not have a separate simplified procedure, but an uncontested divorce with a signed agreement is fast and inexpensive.

Legal separation: available in New Jersey, for couples who want support and parenting orders without ending the marriage.

How long it takes

The minimum is set by the waiting period: no mandatory post-filing waiting period. A typical timeline is 3 to 6 months from filing to final judgment for an uncontested case. Agreement is what moves the date most; contested cases add months of disclosures, discovery and hearings.

Worth knowing in New Jersey

• New Jersey has no formal legal separation status; a limited 'divorce from bed and board' serves a similar function while the marriage remains intact.
• The official filing fee is $300 for the complaint, plus a $25 parent education fee when applicable, for up to $325 total.
• New Jersey does not offer a distinct simplified or summary divorce track; all cases follow the same Complaint for Divorce process.

Official resources

Official forms and instructions come from New Jersey's courts. Sources we reviewed:

• njcourts.gov
• njcourts.gov

Last reviewed September 2026. Laws and fees change; confirm with your court before you file.