What are the steps to file for divorce in New Jersey?

On Behalf of | Jan 23, 2025 | Divorce |

Filing for divorce in New Jersey involves several steps that meet the state’s legal requirements. Understanding the process helps you prepare for what to expect and make informed decisions.

Meet the residency requirement

Before filing for divorce in New Jersey, you or your spouse must live in the state for at least one year. This rule ensures the court has jurisdiction over your case. The only exception applies if you base the divorce on adultery, which has no residency requirement.

Choose a legal ground for divorce

New Jersey allows both no-fault and fault-based grounds for divorce. No-fault grounds include irreconcilable differences, where the marriage remains broken for at least six months, or separation, where you and your spouse live apart for at least 18 months. Fault-based grounds include reasons like extreme cruelty, adultery, or abandonment.

File the complaint for divorce

The process begins when you file a complaint for divorce with the family division of the Superior Court in the county where you or your spouse resides. This document outlines the grounds for divorce and the relief you seek, such as child custody, spousal support, or property division. You must also pay the required filing fee unless you qualify for a waiver.

Serve your spouse with divorce papers

After filing the complaint, serve your spouse with the divorce papers. You can use a process server, sheriff’s officer, or certified mail to complete this step. Your spouse then has 35 days to respond to the complaint. If they do not respond, the court may enter a default judgment.

Negotiate and resolve issues

Most divorces require resolving issues like property division, child custody, child support, and alimony. If you and your spouse agree on these matters, submit a marital settlement agreement to the court. If not, mediation or a trial may be necessary to settle disputes.

Finalize the divorce

Once all issues are resolved, the court schedules a final hearing. During this hearing, the judge reviews your case and issues a final judgment of divorce. This document legally ends your marriage and outlines the terms of the divorce agreement.

Understanding these steps helps you navigate the divorce process more effectively. Being prepared and informed is essential to protecting your interests during this time.

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