Getting Divorced in New Jersey: A Legal Guide

Before filing for divorce in New Jersey, ensure you meet the residency requirements. At least one spouse must have been a New Jersey resident for at least 12 months prior to filing. Understand that New Jersey allows both fault and no-fault divorces. No-fault grounds include irreconcilable differences for 6+ months or 18+ months of separation. Fault grounds include adultery, desertion, extreme cruelty, addiction, imprisonment, institutionalization, or deviant sexual conduct.

Collect all financial documents including tax returns (last 3-5 years), pay stubs, bank statements, retirement account statements, investment accounts, property deeds, vehicle titles, mortgage statements, credit card statements, loan documents, insurance policies, and business ownership documents. These will be needed for the financial disclosure process and property division negotiations.

In New Jersey, the divorce process begins with filing a Complaint for Divorce (not a Petition for Dissolution as in some other states). This document states the grounds for divorce, identifies both parties, includes information about children if applicable, and outlines what you're seeking regarding property division, support, and custody. You'll need to specify whether you're filing a fault or no-fault divorce.

File the Complaint for Divorce and Summons with the Superior Court in the county where either you or your spouse resides. You'll need to pay a filing fee (approximately $300, though fee waivers may be available for those who qualify). The court clerk will provide you with a docket number and file-stamped copies of your documents.

Legally serve your spouse with the filed Complaint and Summons. In New Jersey, this can be done through personal service by the sheriff's office, a process server, or any adult who is not involved in the case. Alternatively, your spouse can accept service voluntarily by signing an Acknowledgment of Service. Service must be completed within 30 days of filing.

If you were served, you have 35 days to file an Answer and/or Counterclaim responding to the Complaint. If you served your spouse, they have 35 days to respond. The response can admit or deny allegations in the complaint and raise any counterclaims. If no response is filed, the filing spouse may request a default judgment.

Both parties must complete a Case Information Statement, which is New Jersey's comprehensive financial disclosure form. This detailed document requires information about income, expenses, assets, and liabilities. It must be filed within 20 days after the defendant's answer is filed. This document is crucial for determining alimony, child support, and property division.

If you have children under 18, both parents must attend the Parents' Education Program. This program helps parents understand the effects of divorce on children and provides strategies for co-parenting. You'll receive a certificate of completion that must be filed with the court.

If you have children, create a detailed parenting plan outlining custody arrangements, visitation schedules, holiday schedules, transportation arrangements, and decision-making responsibilities. New Jersey courts prefer that parents develop this cooperatively, but will impose a plan if necessary. The plan should prioritize the best interests of the children.

New Jersey uses the Income Shares Model for calculating child support. Complete the NJ Child Support Guidelines Worksheet using both parents' incomes, parenting time, and expenses like health insurance and childcare. This calculation is mandatory even if parents agree on an amount, though the court may deviate from guidelines in certain circumstances.

If financial issues remain unresolved, New Jersey courts require participation in the Economic Mediation Program. The first two hours (one hour of preparation, one hour of mediation) are free; additional time is paid. A court-approved economic mediator will help you try to resolve issues related to property division, alimony, and support.

Draft a comprehensive agreement detailing the division of all marital assets and debts, including real estate, vehicles, bank accounts, retirement accounts, investments, personal property, and liabilities. New Jersey follows equitable distribution principles, meaning property is divided fairly but not necessarily equally. Consider tax implications of property transfers.

If retirement accounts will be divided, a QDRO is required to transfer retirement funds without tax penalties. This specialized court order instructs retirement plan administrators how to divide accounts. Each retirement account typically requires a separate QDRO. Consider hiring a specialized attorney or QDRO preparation service, as these are complex documents with significant financial implications.

If issues remain unresolved after mediation, the court will schedule an Intensive Settlement Conference. This is a mandatory court appearance where both parties and their attorneys meet with court staff to try to resolve remaining issues. Come prepared with all financial information and be ready to negotiate.

If settlement attempts fail, prepare for trial by organizing all financial documents, witness lists, and evidence. Consider the need for expert witnesses such as financial analysts, property appraisers, or custody evaluators. Be aware that trials significantly increase the cost and time of divorce proceedings.

Prepare the Final Judgment of Divorce, which incorporates all agreements or court decisions regarding property division, support, custody, and other issues. This document officially ends the marriage and establishes the rights and responsibilities of both parties going forward. It must be signed by the judge to become effective.

If child support or alimony will be paid through income withholding, prepare an Income Withholding Order. In New Jersey, all child support orders include automatic income withholding unless both parties agree to an alternative arrangement. This order directs the paying spouse's employer to withhold support payments from their wages and send them to the NJ Family Support Payment Center.

After divorce, update your will, powers of attorney, healthcare directives, and beneficiary designations on life insurance policies and retirement accounts. New Jersey law automatically revokes provisions benefiting a former spouse in wills created during marriage, but updating documents explicitly is recommended for clarity.

If you wish to resume using your maiden name or previous name, you can request this as part of the divorce proceedings at no additional cost. The name change can be included in the Final Judgment of Divorce. After receiving the final judgment, update your name with Social Security, DMV, financial institutions, and other relevant entities.

Ensure ongoing compliance with all court-ordered obligations including property transfers, support payments, and parenting time. Keep records of all payments made or received. For modifications to the divorce decree due to substantial changes in circumstances, you'll need to file a post-judgment motion with the court.