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New Jersey Divorce Petition

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Introduction

A New Jersey divorce petition takes the form of a Complaint for Divorce, the written pleading one spouse files to ask a court to legally end a marriage. The person who files it is the Plaintiff, and the other spouse is the Defendant. To file, at least one spouse must have been a bona fide resident of New Jersey for at least one year immediately preceding the filing of the complaint (N.J.S.A. 2A:34-10), the sole exception being a complaint grounded on adultery, which carries no durational residency requirement. New Jersey imposes no mandatory post-filing waiting period, so the timing turns entirely on your chosen ground. An irreconcilable-differences filing requires that those differences have existed for at least six months before filing (N.J.S.A. 2A:34-2(i)), while the separation ground requires 18 consecutive months living apart (N.J.S.A. 2A:34-2(d)). You open the case by filing a Complaint for Divorce and Summons with the Superior Court of New Jersey, Chancery Division, Family Part, in the county where either spouse resides.

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Key Things to Know

  1. 1

    What it is: Filed in New Jersey as a Complaint for Divorce, this pleading formally starts a divorce and is submitted together with a Summons. The person filing is the Plaintiff, and the other spouse is the Defendant.

  2. 2

    Residency: At least one spouse must be a bona fide New Jersey resident for at least one year immediately preceding the filing of the complaint (N.J.S.A. 2A:34-10). The only exception is a complaint grounded on adultery, which has no time-based residency requirement.

  3. 3

    Waiting period: New Jersey imposes no mandatory post-filing waiting period, but proceeding on irreconcilable differences requires that the differences have existed for at least six months before filing (N.J.S.A. 2A:34-2(i)), and the separation ground requires 18 consecutive months living apart (N.J.S.A. 2A:34-2(d)).

  4. 4

    Grounds: New Jersey allows both no-fault and fault grounds. The no-fault grounds are irreconcilable differences of at least six months (N.J.S.A. 2A:34-2(i)) and separation for 18 consecutive months (N.J.S.A. 2A:34-2(d)); fault grounds under N.J.S.A. 2A:34-2 include adultery, willful and continued desertion, extreme cruelty, addiction, institutionalization, imprisonment, and deviant sexual conduct.

  5. 5

    Property: New Jersey divides marital property by equitable distribution, not community property, authorized by N.J.S.A. 2A:34-23(h) and applied using the statutory factors in N.J.S.A. 2A:34-23.1, meaning a fair split rather than an automatic 50/50 division.

  6. 6

    Forms and court: New Jersey uses a 'Complaint,' not a 'Petition.' You file a Complaint for Divorce and Summons with the Superior Court of New Jersey, Chancery Division, Family Part, in the county where either spouse resides, and the equivalent action for civil unions is a 'dissolution of a civil union.'

  7. 7

    Fee: The plaintiff's filing fee is $300, plus an additional $25 for the mandatory Parents' Education Program when the marriage involves minor children.

Key decisions before you file

Before you file a Divorce Petition in New Jersey, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

Open the Divorce Petition guide

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Filing a Divorce Complaint in New Jersey

In New Jersey, the document that starts a divorce is not a "petition," it is a Complaint for Divorce, filed with a Summons in the Superior Court of New Jersey, Chancery Division, Family Part. The spouse who files is the Plaintiff, and the other spouse is the Defendant. You file in the county where either spouse resides. The same court handles a "dissolution of a civil union" for couples in a civil union rather than a marriage.

Residency and Timing

N.J.S.A. 2A:34-10 requires that at least one party have been a bona fide resident of New Jersey for at least one year immediately before the complaint is filed. Adultery is the narrow exception, because a complaint on that ground carries no durational residency requirement. New Jersey sets no mandatory post-filing waiting period, so the clock that matters runs before filing, not after. If you proceed on irreconcilable differences, those differences must have existed for at least six months (N.J.S.A. 2A:34-2(i)). If you proceed on separation, you must have lived separate and apart for at least 18 consecutive months (N.J.S.A. 2A:34-2(d)).

Choosing Your Grounds

New Jersey recognizes both no-fault and fault grounds. The two no-fault grounds are irreconcilable differences of at least six months and separation of at least 18 consecutive months. Fault grounds under N.J.S.A. 2A:34-2 include adultery, willful and continued desertion, extreme cruelty, addiction, institutionalization, imprisonment, and deviant sexual conduct. Most filings rely on irreconcilable differences because that ground requires no proof of blame, only that the marriage has broken down for at least six months with no reasonable prospect of reconciliation.

Property: Equitable Distribution

New Jersey is an equitable distribution state, not a community-property state. Under N.J.S.A. 2A:34-23(h), the court divides marital assets and debts fairly, which is not always equally. The judge weighs the statutory factors in N.J.S.A. 2A:34-23.1, including the length of the marriage, each spouse's economic circumstances, and contributions to the marital estate. Two couples in similar situations can see very different outcomes, because "equitable" means fair to the parties rather than an automatic 50/50 split.

Fees and Children

The Plaintiff's filing fee is $300. When the marriage involves minor children, add $25 for the mandatory Parents' Education Program, and expect the court to address custody, parenting time, and child support alongside the divorce.

Getting Started

Because New Jersey ties timing, grounds, and property division so closely to specific statutes, an accurate Complaint from the start saves months of correction. Filing errors around venue or residency are the most common reasons a New Jersey court sends a complaint back, which delays everything that follows. You can begin assembling your New Jersey divorce petition (/legal-document/divorce-petition) with the correct county venue, residency statement, and ground already built in, so your first filing with the Family Part is complete and ready to serve on the Defendant.

New Jersey Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: At least one party must be a bona fide resident of New Jersey for at least one year immediately preceding the filing of the complaint (N.J.S.A. 2A:34-10); no time requirement....

Residency (County)

Must file in the correct county Superior Court of New.

Grounds for Divorce

Must properly plead grounds: No-fault + fault. No-fault grounds are 'irreconcilable differences' which have existed for at least six months (N.J.S.A. 2A:34-2(i)) and separation for at least 18 consecutive months (N.J.S.A. 2A:34-2(d)); fault grounds....

Waiting Period

Mandatory waiting period: No mandatory post-filing waiting period; for irreconcilable differences the differences must have existed for at least six months before filing....

Required Forms

Must file correct state forms: Complaint for Divorce and Summons (New Jersey uses a 'Complaint,' not a 'Petition').

Property Division

Property is divided according to: Equitable distribution (not community property); authorized by N.J.S.A. 2A:34-23(h) with statutory distribution factors in N.J.S.A.... laws.

Filing Fee

Filing fee is typically $300 (plaintiff's filing fee; plus $25 for the Parents' Education... unless waived.

Service of Process

The Defendant must be properly served with the summons and petition.

Frequently Asked Questions

In New Jersey, the divorce petition is the pleading that formally opens a divorce case, but the state calls it a Complaint for Divorce rather than a petition. The spouse who files it is the Plaintiff, and the other spouse is the Defendant. You file the Complaint together with a Summons in the Superior Court of New Jersey, Chancery Division, Family Part, in the county where either spouse resides.

In New Jersey they describe the same case. Dissolution of marriage is the formal name for the action that ends a marriage, and divorce is the everyday word for it. The divorce petition, formally the Complaint for Divorce, is simply the document that starts that action. Note that New Jersey reserves the separate term 'dissolution of a civil union' for ending a civil union rather than a marriage.

At least one party must be a bona fide resident of New Jersey for at least one year immediately preceding the filing of the complaint (N.J.S.A. 2A:34-10). The only exception is a complaint grounded on adultery, which carries no time-based residency requirement.

New Jersey allows both no-fault and fault grounds. The no-fault grounds are irreconcilable differences that have existed for at least six months (N.J.S.A. 2A:34-2(i)) and separation for at least 18 consecutive months (N.J.S.A. 2A:34-2(d)). Fault grounds under N.J.S.A. 2A:34-2 include adultery, willful and continued desertion, extreme cruelty, addiction, institutionalization, imprisonment, and deviant sexual conduct.

No. Separation is not required for the irreconcilable-differences ground. Living separate and apart for at least 18 consecutive months is required only if you proceed on the separation ground under N.J.S.A. 2A:34-2(d).

The plaintiff's filing fee is $300, plus $25 for the mandatory Parents' Education Program when the marriage involves minor children. Low-income filers can ask the court for a fee waiver.

New Jersey follows equitable distribution, not community property. It is authorized by N.J.S.A. 2A:34-23(h) and applied using the statutory factors in N.J.S.A. 2A:34-23.1, meaning marital property is divided fairly according to those factors rather than in an automatic 50/50 split.

Yes. As long as you properly serve the Defendant with the Complaint and Summons, the court can grant a default judgment even if your spouse refuses to respond or participate.