Divorce in New Jersey: How It Works, Step by Step (2026 Guide)
New Jersey family law · Last reviewed October 23, 2026
New Jersey courts call divorce dissolution. "In New Jersey, divorce is officially called “dissolution” because you are dissolving a legal union." The same process ends a marriage, a civil union or a domestic partnership. Divorces are heard in the Family Part of the Superior Court's Chancery Division, in the county Family Division.
There's no waiting period after filing, and an agreed or default divorce can usually be granted on the papers, without a hearing. The law is in Title 2A, chapter 34 of the New Jersey Statutes; custody is in N.J.S.A. 9:2-4, rewritten in 2026; and procedure comes from Part V of the Rules of Court, the Family Part rules, with Part IV's civil rules filling the gaps.
New Jersey divorce at a glance
| Question | Answer | Source |
|---|---|---|
| Residency | One spouse, a full year before filing (adultery can be an exception) | N.J.S.A. 2A:34-10 |
| Main no-fault ground | Irreconcilable differences for six months | N.J.S.A. 2A:34-2(i) |
| Other grounds | Separation (18 months), adultery, desertion, extreme cruelty and four others | N.J.S.A. 2A:34-2 |
| Waiting period | None after filing | |
| Filing fee | $300; $175 to answer or appear; $25 per parent for parent education | R. 1:43; CN 11112 |
| Time to answer | 35 days after service | R. 4:6-1 |
| Agreed route | Uncontested divorce on the papers (no joint petition) | Directive #01-25; CN 12620 |
| Default | Allowed, with notice of the proposed judgment | R. 5:5-10 |
| Property | Equitable distribution under 16 factors; gifts and inheritances excluded | N.J.S.A. 2A:34-23(h), 23.1 |
| Alimony | No formula; 14 factors; capped at the marriage's length if under 20 years | N.J.S.A. 2A:34-23 |
| Child support | Income-shares guidelines; new schedule since Sept. 1, 2025 | R. 5:6A; Appendix IX |
| Custody | 15 best-interest factors; safety a threshold issue since Jan. 20, 2026 | N.J.S.A. 9:2-4 |
| Remarriage | No waiting period |
Who can file
"Either person in a marriage, civil union, or domestic partnership can file for divorce in New Jersey if at least one person lives in the state." The statute adds the time: for every ground but adultery, one spouse must have been a bona fide resident "for the 1 year next preceding the commencement of the action" (N.J.S.A. 2A:34-10). Only one of you has to qualify. You must be 18 to file; a parent or guardian files for a minor.
A civil union or domestic partnership formed in New Jersey can be ended here even if both partners now live in a state that won't dissolve it, in the county where it was formed.
Which county. The Judiciary's short version: "File in the county where you last lived together. If you no longer live in New Jersey, file in the county where the other person lives." The precise rule, Rule 5:7-1, looks first to where the filing spouse lived when the cause of divorce arose, then to where the other spouse lived.
The grounds
The no-fault ground is "Irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation" (N.J.S.A. 2A:34-2(i)). You don't have to be separated, and your spouse doesn't have to agree.
The other grounds are separation for 18 consecutive months in different homes; adultery; willful desertion for 12 months; extreme cruelty (no complaint until three months after the last act); addiction or habitual drunkenness for 12 months; institutionalization for mental illness for 24 months; imprisonment for 18 months; and deviant sexual conduct without consent. For civil unions and domestic partnerships, the statutes list seven causes and don't include irreconcilable differences.
Which New Jersey divorce route fits your case?
A quick sort using New Jersey’s residency statute (N.J.S.A. 2A:34-10), Directive #01-25 and the court rules. A starting point, not advice.
Step by step
1. File the complaint
The plaintiff files the complaint with a certification of verification and non-collusion, the summons, the Confidential Litigant Information Sheet (CN 10486), the dispute-resolution certification (CN 10889), a certification of insurance and, in a contested case, the Case Information Statement (CN 10482). File through JEDS, in person or by mail. See forms and cost.
2. Serve your spouse
A summons must issue within 60 days of filing. The sheriff, a process server or another adult with no stake in the case delivers it, or your spouse signs an acknowledgment of service. A spouse who can't be found can be served by other methods, including publication, after a diligent search.
3. The answer, an appearance, or a default
Your spouse has 35 days to file an Answer, an Answer and Counterclaim, or an Appearance ($175). If nothing is filed, you can request a default.
4. Temporary orders
Either spouse can ask for temporary alimony, child support, custody and parenting time while the case is pending, and for counsel fees. No statewide automatic restraining order takes effect when you file; restraints on spending or moving assets are sought by motion.
5. Financial disclosure
Each spouse files a Case Information Statement within 20 days after the Answer or Appearance and keeps it updated. "Failure to file a Case Information Statement may result in the dismissal of a party’s pleadings."
6. Case management, mediation and settlement
The court holds a case management conference and sets a discovery track. Custody disputes go to mediation first. Money disputes go to the Early Settlement Panel, where experienced divorce lawyers recommend a settlement, and then to economic mediation, with the first two hours free from a court-roster mediator. Parents with minor children attend the Parents' Education Program.
7. Settlement, or trial
Most cases settle in a signed property settlement agreement. If not, a Family Part judge tries the remaining issues and must make findings on the statutory factors.
8. The judgment
The divorce is final when the judge signs the Final Judgment of Divorce. In an uncontested or default case, the judge can sign it on the papers. See uncontested divorce and how long it takes.
Money and children: how New Jersey decides
Property. Equitable distribution of what was acquired during the marriage, under 16 statutory factors; gifts and inheritances from others are excluded. See property division.
Alimony. Four types, 14 factors, no formula; for marriages under 20 years, no longer than the marriage. New Jersey still taxes alimony even though the IRS doesn't. See alimony.
Child support. Income-shares guidelines, a schedule in effect since September 1, 2025, and a $460 self-support reserve for 2026. Support ends at 19 unless extended. See child support.
Custody. Joint or sole custody under 15 best-interest factors, with safety a threshold issue since January 20, 2026. No 50/50 presumption. See custody and parenting time.
Divorce from bed and board, annulment and common-law marriage
Divorce from bed and board is New Jersey's legal separation. It uses the same grounds as divorce, but only "whenever both parties petition or join in requesting such relief," and it divides property and allows support while the parties stay married (N.J.S.A. 2A:34-3). Either spouse can later convert it to an absolute divorce, "which application shall be granted as a matter of right."
Annulment is available where a spouse was already married, the parties are closely related, there was incurable impotence, a lack of capacity or consent, duress or fraud, or a spouse was under 18 (N.J.S.A. 2A:34-1).
Common-law marriage can't be formed in New Jersey: "no marriage contracted on and after December first, nineteen hundred and thirty-nine, shall be valid unless the contracting parties shall have obtained a marriage license" (N.J.S.A. 37:1-10).
Domestic violence
A restraining order under the Prevention of Domestic Violence Act can be sought at any time, separately from the divorce. It affects the divorce: a restraining order excuses the Parents' Education Program, generally rules out court-ordered mediation, weighs in custody, and, according to the divorce-on-the-papers certification, "will continue to be valid after the Judgment of Divorce is final." The National Domestic Violence Hotline is 800-799-7233, 24 hours a day.
After the judgment
- Remarriage: no waiting period.
- Name: either spouse may "resume any name used by the spouse or partner in a civil union couple before the marriage or civil union, or to assume any surname" (N.J.S.A. 2A:34-21). On the papers, use CN 13146.
- Records: certified copies and the $10 Certificate of Divorce come from the Superior Court Clerk's Office or the county Family Division. See records.
- Changes: custody, parenting time, child support and most alimony can be modified by motion ($50).
What's new in New Jersey divorce law
The Legislature changed two divorce statutes in 2024 to 2026, and the Supreme Court changed the Family Part rules, the support guidelines and the paper-only procedure:
| Effective | Change | Law |
|---|---|---|
| Jan. 8, 2024 | The court can still divide property if a spouse dies while the divorce is pending; a spouse in a pending divorce loses intestate and elective shares | P.L.2023, c.238 |
| Nov. 22, 2024 | New name-change judgment form for divorces | Directive #12-24 (CN 13146) |
| Mar. 19, 2025 | Revised divorce-on-the-papers procedure for default and uncontested cases | Directive #01-25 (CN 12620) |
| Sept. 1, 2025 | New child support schedule; Case Information Statement revised and moved out of the rules appendix; default notice rule and other Family Part rules amended; new interrogatories for alimony cohabitation claims | Supreme Court order of July 31, 2025 (R. 5:5-2, 5:5-10, 5:6A, 4:17-1) |
| Jan. 20, 2026 | Custody statute rewritten: safety as a threshold issue, new factors, findings when overriding a child's preference, limits on reunification therapy | P.L.2025, c.316 (N.J.S.A. 9:2-4) |
| Jan. 20, 2026 | New-hire reporting for child support extended to contractors, including ride-share and delivery platforms | P.L.2025, c.361 |
| Mar. 11, 2026 | Which court division hears support and maintenance requests for adult children | Directive #04-26 |
| June 1, 2026 | Self-support reserve raised to $460 a week (as of Jan. 1, 2026) | Supreme Court order of Mar. 31, 2026 |
| Sept. 1, 2026 | Service by publication moves to online news publications; oral argument on reconsideration motions left to the court's discretion | R. 4:4-4, 4:4-5, 1:6-2(d) |
Pending, not law. A2963 and S2008, introduced January 13, 2026, would create a presumption of joint legal and physical custody; both are in committee with no action. They revive A2521, which died at the end of the 2024–2025 session. The Supreme Court has been considering since 2025 a proposal to make all Family Part records non-public under Rule 1:38-3. The current quadrennial review of the child support guidelines runs through December 31, 2028.
Common myths about divorce in New Jersey
| Myth | What the law says |
|---|---|
| You must be separated for 18 months. | Only for the separation ground. Irreconcilable differences needs six months of breakdown, not separation (N.J.S.A. 2A:34-2). |
| There's a waiting period after filing. | No. The time requirements are in the grounds and the residency rule. |
| Both spouses must live in New Jersey for a year. | One is enough (N.J.S.A. 2A:34-10). |
| My spouse can block the divorce. | No. A spouse who won't respond can be divorced by default. |
| The filing fee is $325 with children. | The complaint fee is $300; each parent pays a separate $25 for parent education. |
| New Jersey is a 50/50 property state. | No. Property is divided equitably under 16 factors (N.J.S.A. 2A:34-23.1). |
| Alimony isn't taxable anymore. | Only for federal tax. New Jersey still taxes the recipient and lets the payer deduct it. |
| A child picks a parent at 12 or 14. | New Jersey sets no age (N.J.S.A. 9:2-4). |
| The Health Department issues divorce certificates. | No. Divorce records come from the courts. |
Frequently asked questions
How long do you have to live in New Jersey to get a divorce?
One spouse must have been a New Jersey resident for the full year before filing. Adultery can be an exception if a spouse was a resident when it happened.
How long does a divorce take in New Jersey?
There's no waiting period after filing. An uncontested divorce can be granted on the papers once the documents are complete; a contested one takes several months or longer.
How much does it cost to file for divorce in New Jersey?
$300 for the complaint, statewide. The defendant pays $175 to respond, and each parent pays $25 for the parenting program when custody or support is at issue. Fees can be waived for low-income filers.
Is New Jersey a no-fault divorce state?
Yes. Irreconcilable differences is a no-fault ground. Fault grounds remain available, and fault can occasionally affect alimony.
Can I get divorced in New Jersey without going to court?
Usually. Uncontested and default divorces can be decided on the papers under Directive #01-25, though the judge can still require an appearance.
Can I get divorced in New Jersey without a lawyer?
Yes. The Judiciary's self-help pages, the courthouse ombudsman and Legal Services of New Jersey all help self-represented filers. The court still recommends talking to a lawyer, especially with children, a pension or a business.