Uncontested Divorce in New Jersey: Divorce on the Papers, Default, and the Settlement Agreement

New Jersey has no joint petition and no simplified short-marriage procedure. One spouse files a complaint; the other responds or doesn't. But if you agree on everything, or your spouse never answers, you can usually finish without going to court. The Judiciary calls this divorce on the papers, and the current procedure is Directive #01-25, dated March 19, 2025.

What "uncontested" means

The Judiciary says "An uncontested divorce happens when both spouses agree to end their marriage and agree on all major issues": custody and parenting time, child support, alimony, and the division of property and debts. If you disagree on any of them, the case is contested, though it may still settle later.

The steps

1. File the complaint. The plaintiff files the complaint and the opening papers and pays $300, indicating that the divorce is uncontested. See forms.
2. Serve your spouse, or have your spouse acknowledge service. A signed acknowledgment of service counts as proper service.
3. The defendant appears. The defendant files an Appearance "stating they do not contest the divorce but want to appear on any issues that must be resolved," and pays $175.
4. Sign a settlement agreement. Put every term in a written property settlement (or marital settlement) agreement: custody and parenting time, child support, alimony, and the division of property and debts. "The agreement must be signed by both parties and notarized."
5. Both file CN 12620. Each spouse files the Certification in Support of Judgment of Divorce without a Court Appearance. The plaintiff adds proof of service, the agreement and a proposed Final Judgment of Divorce. "If the defendant does not file this certification, a court hearing may be scheduled."
6. The judge decides on the papers. If everything is in order, the judge signs the Final Judgment of Divorce without a hearing. You're divorced when it's entered.

If you have minor children, both parents also attend the Parents' Education Program unless an exemption applies.

What you certify

CN 12620 has each spouse confirm, among other things, that:

• you know you have a right to a trial and are waiving it, and that a trial could come out differently;
• there are no other cases between you, or you list them;
• you read the agreement, believe it is fair and reasonable, weren't coerced, and weren't impaired by drugs or alcohol;
• the agreement contains every term, with no side deals;
• you state whether alimony is being paid and whether your lifestyle can stay the same without it, or with it.

What the court reviews, and what it doesn't

The certification is plain about this: "I understand that the court is not going to review or make any decisions about the Agreement. The court will only confirm that the plaintiff and defendant understand the Agreement and agree that it is fair and reasonable." The proposed judgment must say that the case was decided on the papers without a hearing and that the court didn't review or evaluate the agreement.

That makes the agreement your responsibility. Have a lawyer review it if you can, especially with children, a pension, a business or alimony.

And the judge keeps the last word: "Note: The judge still can require you to appear in court. If this is necessary, you will be notified."

Prior orders and restraining orders

If temporary orders on support, custody or parenting time were entered during the case, list them in the proposed judgment and attach copies if you want them to continue. Otherwise, by the certification's own terms, prior orders not described in the judgment "will be vacated/void." A domestic violence restraining order is different: it "will continue to be valid after the Judgment of Divorce is final."

Default: when your spouse doesn't respond

If your spouse is served and files nothing within 35 days, you can still finish on the papers:

1. Request a default. File the request with the clerk. Under Rule 4:43-1, "The request and affidavit for entry of default shall be filed together within 6 months of the actual default"; after that, it takes a motion.
2. Give notice of what you're asking for. If you want property divided, alimony, child support or other relief and there's no signed agreement, Rule 5:5-10 requires "a Notice of Proposed Final Judgment ("Notice"), not less than 20 days prior to the hearing date." The notice lists the assets and debts and how you propose to divide them, the support amounts and the parenting schedule, with your Case Information Statement attached.
3. Certify non-military service. "no order shall be entered by default unless an affidavit or certification of non-military service is provided to the court" (Rule 5:7-9). The form is CN 11191.
4. File CN 12620 with proof of service, the default request, the proposed judgment and any name-change form.

If you can't find your spouse at all, the rules allow substituted or constructive service, including by publication, after a diligent search. See how long it takes.

Changing your name

Either spouse can ask the judgment to restore a former name or allow a new surname. On the papers, check the name-change section of CN 12620 and file CN 13146, the Dissolution (FM) Judgment for Name Change and Addendum. You certify that you haven't been convicted of a crime under your married name, aren't under criminal investigation, and aren't changing your name to avoid creditors.

You can't appeal an agreed divorce

"You cannot appeal a decision from an uncontested divorce." If something in the agreement is wrong, fix it before you sign. Afterward, support, custody and parenting time can be changed by motion, but setting the judgment itself aside is possible only on narrow grounds under Rule 4:50-1.

Where these sections live

• Directive #01-25 — Divorce on the papers
• CN 12620 — Certification and instructions (PDF)
• N.J. Courts: contested and uncontested divorces
• Rule 5:5-10 — Default and the notice of proposed judgment
• Rule 5:7-9 — Non-military certification
• Rule 4:43-1 — Entry of default