Divorce Laws in New Jersey (2026): Breaking Down the Process
Most people think getting a divorce is simple. Just sign some papers and you’re done, right? Wrong. New Jersey has specific laws you need to follow. The rules can be confusing if you don’t know what you’re looking for.
Here’s the deal. This guide breaks down everything you need to know about divorce in New Jersey. We’ll cover the requirements, the process, and what happens to your stuff. No legal jargon. Just straight talk.
What Counts as a Legal Divorce in New Jersey?
A divorce legally ends your marriage. In New Jersey, you need the court to approve it. You can’t just decide you’re divorced and walk away.
New Jersey allows two types of divorce. You can file for a no-fault divorce or a fault-based divorce. Most people go with no-fault because it’s simpler and faster.
The court calls a divorce a “dissolution” sometimes. Don’t let that confuse you. It’s the same thing.
Basic Requirements to File for Divorce
Wondering if you can file in New Jersey? Here’s what you need.
At least one spouse must live in New Jersey for 12 months before filing. That’s the residency requirement. You need to prove you actually live here.
Wait, there’s an exception. If you’re filing because of adultery, the residency requirement is shorter. One spouse just needs to be a New Jersey resident. The length doesn’t matter.
Not sure if you meet the requirements? Check your lease or mortgage documents. Those can prove residency.
No-Fault Divorce: The Easier Path
Most couples in New Jersey choose no-fault divorce. Trust me, it’s the smarter option in most cases.
There are two ways to get a no-fault divorce here.
Irreconcilable Differences
This is the most common ground for divorce. It means you and your spouse can’t get along. The problems have existed for at least six months. There’s no reasonable chance you’ll work things out.
You don’t need to explain what went wrong. You just need to say the relationship is broken. That’s it.
Pretty straightforward, right?
Separation
The second option is separation. You and your spouse must live apart for 18 consecutive months. That means different homes. Different addresses.
Living in separate bedrooms doesn’t count. You actually have to live in different places.
This option takes longer. But some couples prefer it.
Fault-Based Divorce: When Someone’s to Blame
New Jersey still allows fault-based divorce. But honestly, these are harder to prove and more expensive.
Here are the fault grounds you can use:
Adultery
Your spouse cheated on you. You need proof though. Text messages, photos, or witness testimony can work.
Extreme Cruelty
This covers physical or emotional abuse. The behavior must be serious enough that it endangers your safety or health. Or makes living together impossible.
Desertion
Your spouse abandoned you for at least 12 consecutive months. They left voluntarily. They didn’t plan to come back.
Addiction
Your spouse has been addicted to drugs or alcohol for 12 months or more. The addiction must have started after you got married.
Institutionalization
Your spouse was committed to a mental institution for 24 consecutive months after marriage.
Imprisonment
Your spouse was sentenced to jail for 18 or more consecutive months. The crime happened after marriage. You haven’t lived together since they were released.
Deviant Sexual Conduct
This involves non-consensual sexual acts. The law doesn’t define this clearly. Talk to a lawyer if you think this applies.
Sound complicated? That’s why most people skip fault-based divorce and just file for irreconcilable differences instead.
How to Start the Divorce Process
Okay, so you’ve decided to file. Here’s what happens next.
You start by filing a complaint for divorce. This is the official document that kicks off the process. You file it with the Family Division of the Superior Court.
File in the county where you lived when you separated. If you don’t live in New Jersey anymore, file where your spouse lives.
You’re the “plaintiff” when you file. Your spouse becomes the “defendant.” These are just legal terms. Don’t worry about them too much.
Required Documents You’ll Need
You can’t just file a complaint and call it done. New Jersey requires several documents.
Here’s what you need:
Complaint for Divorce
Different forms exist for different grounds. Form 1A is for 18-month separation. Form 1D is for irreconcilable differences. Make sure you use the right one.
Summons
This tells your spouse they’re being sued for divorce. They have 35 days to respond.
Filing Letter
This goes to the court clerk. It’s a cover letter for your documents.
Certification of Insurance Coverage
List all insurance policies you and your spouse have. Include health insurance, life insurance, car insurance. Everything.
Case Information Statement
This is required if you’re dealing with custody, support, alimony, or property division. It shows your financial situation. Your income, expenses, assets, and debts.
Self-Represented Litigant Certification
This says you read about alternative dispute resolution options. Things like mediation.
Most people don’t realize how much paperwork is involved. It’s more than you think.
Serving Your Spouse
You can’t just hand your spouse the divorce papers yourself. New Jersey has rules about this.
Someone over 18 who’s not involved in the case must serve the papers. This could be a sheriff, a process server, or even a friend. They hand the papers to your spouse directly.
Your spouse then has 35 days to respond. If they agree with everything, it’s an uncontested divorce. If they disagree with anything, it becomes contested.
Here’s where things get interesting. If your spouse can’t be found, you can still get divorced. You need to prove you made reasonable efforts to locate them. The court may allow service by publication in a newspaper.
Contested vs. Uncontested Divorce
These terms sound fancy. They’re actually simple.
Uncontested Divorce
Both spouses agree on everything. Child custody, property division, alimony, support. No fights. No court hearings.
These divorces are faster and cheaper. Sometimes they can be finalized in as little as 30 days. Seriously.
Contested Divorce
At least one issue is disputed. Maybe you can’t agree on who gets the house. Or how much child support should be paid.
These divorces take longer. They’re more expensive. You’ll probably need a lawyer.
Hold on, this part is important. Even if you start with a contested divorce, you can settle later. Many couples do. They negotiate and reach an agreement before trial.
Property Division: Equitable Distribution Explained
Here’s what you need to know about splitting your stuff.
New Jersey is an equitable distribution state. This doesn’t mean equal. It means fair. There’s a difference.
Think of it like this. The court looks at your situation and divides things fairly. That might be 50/50. Or it might be 60/40. Or 70/30. It depends on your circumstances.
What’s Marital Property?
Marital property includes everything acquired during the marriage. Your house, cars, bank accounts, retirement funds, businesses. Even debt.
It doesn’t matter whose name is on the title. If you got it during the marriage, it’s probably marital property.
What’s Separate Property?
Separate property belongs to just one spouse. This includes:
Assets you owned before marriage. Inheritances you received. Gifts given specifically to you (not both of you). Property you got after filing for divorce.
But wait, it gets tricky. If you mix separate property with marital property, it can become marital. For example, if you deposit inheritance money into a joint bank account, you might lose its separate status.
How Courts Decide What’s Fair
Judges consider many factors. The length of your marriage. Your age and health. Your income and earning capacity. Who contributed what to the marriage.
Stay with me here. Courts also consider non-financial contributions. If you stayed home to raise kids while your spouse worked, that matters. Your contribution as a homemaker counts.
Tax consequences matter too. The court won’t divide property in a way that unfairly burdens one spouse with taxes.
The Family Home
This is usually the biggest asset. And the most emotional one.
One spouse might keep the house. The other gets compensated with other assets. Or the house gets sold and you split the proceeds.
If you have kids, the court might let the custodial parent stay in the home. At least until the kids finish school.
Retirement Accounts
Your 401(k), pension, IRA. These are marital property if earned during the marriage. Even if only one name is on the account.
Dividing these requires special paperwork. It’s called a Qualified Domestic Relations Order (QDRO). This prevents early withdrawal penalties.
Alimony: When and How Much
Alimony is money one spouse pays the other after divorce. Not everyone gets it. It depends on need and ability to pay.
New Jersey recognizes four types of alimony.
Open Durational Alimony
This used to be called permanent alimony. It lasts indefinitely. But it can be modified if circumstances change.
You usually only get this for marriages lasting 20 years or more. Unless there are exceptional circumstances.
Rehabilitative Alimony
This helps a spouse get training or education. It’s temporary. It ends when the spouse becomes self-supporting.
Limited Duration Alimony
This provides support for a specific time period. Usually for shorter marriages. The length depends on the marriage length.
For marriages under 20 years, alimony usually can’t last longer than the marriage. So a 10-year marriage means 10 years of alimony maximum.
Reimbursement Alimony
This reimburses a spouse who supported the other through advanced education. Like putting your spouse through medical school. You expected to benefit from their increased earnings. The marriage ended before that happened.
This type cannot be modified for any reason.
Factors Courts Consider
The court looks at your actual needs and ability to pay. Your age and health. The standard of living during marriage. The length of the marriage.
Other factors include contributions to the marriage, earning capacity, and time away from the job market.
Honestly, this is the part most people miss. Alimony isn’t automatic. You have to request it. And you need to show you actually need it.
When Alimony Ends
Alimony typically ends when the recipient remarries. It also ends if the recipient cohabitates with a new partner. Even if they don’t get married.
Cohabitation is tricky though. You don’t need to live together full-time. The court looks at the relationship as a whole.
Alimony usually ends when the paying spouse retires at full retirement age. But there are exceptions.
Child Custody and Support
If you have kids, custody is probably your biggest concern. Right?
Types of Custody
New Jersey recognizes two types. Legal custody and physical custody.
Legal custody means decision-making power. You make choices about education, healthcare, religion. Parents can share legal custody. This is called joint legal custody.
Physical custody is where the child lives. One parent might have primary physical custody. The other gets parenting time (visitation).
Or you can have shared physical custody. The child spends substantial time with both parents.
How Courts Decide Custody
The court’s main concern is what’s best for the child. Not what’s easiest for the parents.
Factors include the parents’ ability to agree and cooperate. The needs of the child. The stability of each home. The child’s relationship with each parent.
The child’s preference matters too. Especially for older children. But it’s not the only factor.
Child Support
The non-custodial parent usually pays child support. New Jersey has guidelines that calculate the amount.
The guidelines consider both parents’ incomes. The number of children. Healthcare costs. Childcare expenses.
As of January 1, 2025, child support guidelines apply to families making less than $187,200 net per year. Above that, the court has more discretion.
Support obligations continue until the child turns 19. Or graduates high school. Whichever comes later.
Wait, it gets better. Support can continue longer if the child has special needs. Or goes to college.
How Long Does Divorce Take?
You’re wondering how long this whole process takes. It varies.
Uncontested divorces can be quick. Sometimes just a few months. If you and your spouse agree on everything, you can be done fast.
Contested divorces take longer. Six months to a year is common. Complex cases can take even longer.
New Jersey courts mandate that divorces should take no longer than 12 months. But this is a goal, not a guarantee.
Costs and Attorney Fees
Let’s talk money. How much will this cost you?
Filing fees are around $300-$350. That’s just to start the process.
If your divorce is uncontested and simple, you might spend $1,000-$5,000 total. Maybe you can do it yourself with forms.
Contested divorces cost more. Much more. Attorney fees add up quickly. $5,000-$15,000 is common. Complex divorces can cost $30,000 or more.
The court can order one spouse to pay the other’s attorney fees. This happens when there’s a big income disparity. Or if one spouse is being unreasonable.
Mediation and Alternative Dispute Resolution
Not sure what counts as a better option? Let me break it down.
Mediation is when you work with a neutral third party. They help you and your spouse reach agreements. You avoid court.
It’s cheaper than litigation. Less stressful too. And you maintain control over the outcome.
New Jersey courts encourage mediation. Sometimes they require it before trial.
Collaborative divorce is another option. Each spouse has a lawyer. But you all agree to settle without going to court.
These alternatives don’t work for everyone. If there’s domestic violence or a huge power imbalance, court might be better.
Special Situations
Some divorces have unique complications.
Military Divorce
If you or your spouse serve in the military, special rules apply. New Jersey allows military members or their spouses to file here. Even if they’re not residents.
The Servicemembers Civil Relief Act protects active duty members. They can postpone proceedings if military service prevents them from participating.
Military pensions can be divided. But federal law limits how much can be taken.
Same-Sex Divorce
New Jersey recognizes same-sex marriage. The divorce process is identical to opposite-sex divorce. All the same rules apply.
Civil Unions and Domestic Partnerships
These can be dissolved using the same process as divorce. The legal issues are the same.
What Happens at the Final Hearing?
If you can’t settle, your case goes to trial. A judge hears evidence and makes decisions.
Both sides present their case. You can call witnesses. Submit documents. Make arguments.
The judge then issues a final judgment of divorce. This legally ends your marriage. It includes decisions on custody, support, alimony, and property.
Once the judgment is signed, your divorce is final. You’re legally single again.
After the Divorce: Enforcement and Modification
Your divorce is done. But things can change.
Enforcing Orders
Sometimes an ex-spouse doesn’t follow the divorce judgment. They don’t pay support. They violate custody orders.
You can file a motion for enforcement. The court can impose penalties. Wage garnishment. Suspension of licenses. Even jail time.
Modifying Orders
Life changes. You lose your job. Your ex gets a big promotion. Your child’s needs change.
You can request modifications to child support, alimony, or custody. You need to show a substantial change in circumstances.
Some things can’t be modified. Reimbursement alimony is permanent. Property division is final once the judgment is signed.
Tips for Getting Through Your Divorce
Here’s some practical advice. This stuff actually helps.
Get Organized
Gather your financial documents. Bank statements. Tax returns. Pay stubs. Investment accounts. Keep everything in one place.
Make a list of all assets and debts. Be thorough. Include everything.
Think About Your Goals
What matters most to you? The house? Time with your kids? Retirement savings? Know your priorities.
Be realistic though. You probably won’t get everything you want.
Consider the Tax Implications
Divorce has tax consequences. Who claims the kids? How is alimony taxed? What about capital gains on property sales?
Talk to an accountant. Seriously.
Protect Your Credit
Close joint credit cards. Remove your ex as an authorized user. Monitor your credit report.
You’re still responsible for joint debts. Even if the divorce judgment says your ex should pay them. Creditors can still come after you.
Take Care of Yourself
Divorce is stressful. It’s emotionally draining. Take care of your mental health.
Consider therapy. Lean on friends and family. Join a support group.
Don’t make major decisions when you’re emotional. Wait until you have a clear head.
Do You Need a Lawyer?
You can represent yourself in a divorce. The court won’t give you special treatment though. You need to know the rules and procedures.
DIY divorce works for simple, uncontested cases. Both spouses agree on everything. No kids. Little property. No debt.
You should probably hire a lawyer if:
Your divorce is contested. You have kids. You own significant assets. Your spouse has a lawyer. There’s domestic violence. Either spouse owns a business.
Even if you can’t afford to hire a lawyer for everything, consider paying for a consultation. Get advice on your specific situation.
Legal Services of New Jersey provides free legal help to low-income residents. The New Jersey State Bar Association has lawyer referral services.
Common Mistakes to Avoid
Don’t do these things. Trust me on this.
Hiding Assets
The court requires full financial disclosure. If you hide assets, you could face serious penalties. Your credibility gets destroyed.
Using Kids as Weapons
Don’t bad-mouth your ex to your kids. Don’t use custody as leverage. Put your children’s needs first.
Making Decisions Out of Spite
Don’t reject reasonable settlement offers just to hurt your ex. You’re only hurting yourself. And wasting money.
Forgetting About Taxes
That $100,000 retirement account? It might only be worth $70,000 after taxes. Factor this into negotiations.
Moving Out Too Quickly
Leaving the marital home can affect custody decisions. And property division. Talk to a lawyer before you move.
Posting on Social Media
Anything you post can be used against you. That vacation photo? Shows you have money. That party pic? Shows questionable judgment.
Just stay off social media during divorce. Seriously.
Frequently Asked Questions
How long do you have to be married to get alimony in New Jersey?
There’s no minimum marriage length for alimony. But the length of your marriage affects how long alimony lasts. Marriages under 20 years usually have alimony limited to the length of the marriage.
Can I date during my divorce?
Technically yes. But it’s not smart. It can complicate custody decisions. It might affect alimony. Your spouse could argue you’re wasting marital assets. Wait until your divorce is final.
What if my spouse won’t sign the divorce papers?
You can still get divorced. If your spouse doesn’t respond within 35 days, you can proceed with an uncontested divorce. You don’t need their permission to end the marriage.
Does adultery affect property division in New Jersey?
Not usually. New Jersey is a no-fault state for property division. Adultery doesn’t affect who gets what. But it might affect alimony in some cases.
Can I change my name back during divorce?
Yes. You can request this in your divorce complaint. The court will include it in the final judgment. It’s free if done as part of divorce.
What happens if my spouse empties our bank accounts?
Tell your lawyer immediately. File an emergency motion with the court. The court can order your spouse to return the money. They might be penalized for dissipating assets.
How is debt divided in divorce?
Debt accumulated during the marriage is marital debt. It’s divided fairly between spouses. This includes mortgages, credit cards, and loans. Debt from before marriage usually stays with whoever incurred it.
Can grandparents get visitation rights?
Yes, under certain circumstances. Grandparents can petition the court for visitation. The court considers the child’s best interests. It’s harder to get if the parents are together and object.
Final Thoughts
Divorce in New Jersey doesn’t have to be a nightmare. Understanding the process helps. Knowing your rights matters.
Most couples settle their divorces without trial. Mediation and negotiation save time and money. You maintain more control over the outcome.
If you’re facing divorce, get informed. Gather your documents. Consider your priorities. And talk to a lawyer about your specific situation.
Remember, this is a temporary situation. You’ll get through it. One step at a time.
Stay focused on your goals. Don’t let emotions drive your decisions. And when in doubt, ask for help.
References
- New Jersey Courts – Divorce. Official state court resource on divorce procedures and requirements. https://www.njcourts.gov/self-help/divorce
- N.J.S.A. 2A:34-2. New Jersey statute on grounds for divorce. https://law.justia.com/codes/new-jersey/title-2a/section-2a-34-2/
- N.J.S.A. 2A:34-23. New Jersey statute on alimony and maintenance. https://law.justia.com/codes/new-jersey/title-2a/section-2a-34-23/
- New Jersey Courts – Child Support. Official information on child support enforcement and guidelines. https://www.njcourts.gov/courts/child-support
- WomensLaw.org – New Jersey Divorce. Comprehensive guide to divorce law in New Jersey. https://www.womenslaw.org/laws/nj/divorce