Contact Us Today
+1(908) 645-1000
Filling for divorce is never an easy decision. For many people, it marks the end of a deeply personal chapter and the beginning of significant legal, financial, and emotional change. Understanding how the divorce process works in New Jersey can help reduce uncertainty and allow you to move forward with greater clarity and confidence.
This basic guide outlines the basic steps involved in filing for divorce in New Jersey and what to expect along the way.
Before filing for divorce in New Jersey, at least one spouse must have lived in the state for at least one year prior to filing.
There is one exception: if the divorce is based on adultery, there is no minimum residency requirement as long as the adultery occurred in New Jersey.
New Jersey allows both no-fault and fault-based divorces.
No-Fault Divorce
The most common option is irreconcilable differences, which requires that:
No-fault divorces typically involve less conflict and are often resolved more efficiently.
Fault-Based Divorce
New Jersey also recognizes fault grounds, including:
While fault grounds do not usually impact property division or custody, it may be relevant in limited circumstances. An experienced attorney can help determine whether fault grounds are appropriate in your case
To begin the divorce process, the filing spouse (the plaintiff) must submit a Complaint for Divorce with the Family Division of the Superior Court in the county where either spouse lives.
Additional required documents typically include:
New Jersey allows filing:
A filing fee is required, with additional fees if custody or parenting time is requested. Fee waivers may be available for qualifying individuals.
After filing, the divorce complaint must be served on the other spouse within 60 days. Service may be completed through:
Once service is complete, proof must be filed with the court.
The responding spouse (the defendant) then has 35 days to file an Answer or Counterclaim.
During the divorce process, spouses must resolve several legal issues, including:
Many cases resolve through mediation or arbitration, avoiding the need for trial.
New Jersey courts strongly encourage alternative dispute resolution, including mediation and settlement conferences. These options allow spouses to retain more control over outcomes and often reduce time, cost, and conflict.
If an agreement cannot be reached, the case may proceed to trial, where a judge will make final decisions on unresolved issues.
Once all matters are resolved, the court will issue a Final Judgment of Divorce. This legally ends the marriage and sets forth the terms regarding finances, custody, and support.
After the judgment is entered, both parties must comply with its terms.
While it is possible to file for divorce without an attorney, divorce often involves complex legal and financial consequences. An experienced New Jersey divorce attorney can help you:
If you are considering divorce in New Jersey, you do not have to navigate the process alone. Thoughtful planning and experienced legal guidance can make a significant difference in both the process and the outcome.
Our New Jersey divorce attorneys are available to discuss your options and help you move forward with clarity and confidence.
Contact us through our confidential contact form or call (908) 645-1000 to schedule a consultation.
The Super Lawyers List is issued by Thompson Reuters. A description of the selection methodology can be found here. Visit here for the selection methodology for Best Lawyers. A description of the Martindale-Hubbell AV Preeminent® status selection methodology can be found here. The New Jersey Law Journal Best Of methodology, can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. A description of the Martindale-Hubbell Peer Rating selection methodology can be found here.
© 2026 Lawrence Law Firm.
All rights reserved | Attorney Advertising