New Jersey Divorce Laws: Residency, Waiting Period, Custody and Support
New Jersey divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for New Jersey
- Residency requirement
- A divorce case for any ground other than adultery cannot be started unless one spouse has been a bona fide New Jersey resident for the 1 year before filing. N.J.S.A. 2A:34-10
- Waiting period
- New Jersey's divorce statutes set time requirements within the grounds rather than a separate cooling-off period: irreconcilable differences must have lasted at least six months, separation must have lasted at least 18 months, and a complaint based on extreme cruelty cannot be filed… N.J.S.A. 2A:34-2
- Dividing property
- New Jersey uses equitable distribution. Property acquired during the marriage by one spouse through gift, devise or inheritance (other than gifts between spouses) is not subject to distribution. N.J.S.A. 2A:34-23(h), 2A:34-23.1
- Filing fee
- The fee to file a divorce complaint is $300, and a defendant's filing (answer or appearance) is $175. If there are minor children, each party pays an additional $25 parent education fee. New Jersey Courts, Self-Help: Divorce; N.J.S.A. 2A:34-12.5
- When child support ends
- The obligation to pay child support ends automatically when the child marries, dies, enters military service, or turns 19. New Jersey Child Support Program, FAQs (Termination); N.J.S.A. 2A:17-56.67
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | A divorce case for any ground other than adultery cannot be started unless one spouse has been a bona fide New Jersey resident for the 1 year before filing. For adultery, it is enough that either spouse was a resident when the cause arose and has remained a resident until filing. Official N.J. Legislature statutes database (search by section number). Source: N.J.S.A. 2A:34-10 |
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| Grounds for divorce | No-fault divorce is available for irreconcilable differences that have caused the breakdown of the marriage for at least six months with no reasonable prospect of reconciliation, or for living separate and apart for at least 18 consecutive months. Fault grounds are adultery, desertion for 12 months or more, extreme cruelty, addiction or habitual drunkenness for 12 months, institutionalization for mental illness for 24 months, imprisonment for 18 months, and deviant sexual conduct without consent. Official N.J. Legislature statutes database (search by section number). Source: N.J.S.A. 2A:34-2 |
| Waiting period | New Jersey's divorce statutes set time requirements within the grounds rather than a separate cooling-off period: irreconcilable differences must have lasted at least six months, separation must have lasted at least 18 months, and a complaint based on extreme cruelty cannot be filed until 3 months after the last act of cruelty claimed. Official N.J. Legislature statutes database (search by section number). Source: N.J.S.A. 2A:34-2 |
| Filing fee | The fee to file a divorce complaint is $300, and a defendant's filing (answer or appearance) is $175. If there are minor children, each party pays an additional $25 parent education fee. People with low income may qualify for a fee waiver. Fee waiver information: https://www.njcourts.gov/self-help/fee-waiver |
| Uncontested or simplified divorce | An uncontested divorce is one in which both spouses agree to end the marriage and agree on all major issues. The filing spouse files the complaint ($300) marked uncontested, the other spouse files an appearance ($175), and the spouses sign and notarize a property settlement agreement covering custody and parenting time, child support, alimony, and division of property and debt. |
| Divorce forms | The New Jersey Courts' divorce self-help page lists the documents needed to file: a Divorce Complaint, Certification of Verification and Non-Collusion, Summons, Confidential Litigant Information Sheet (CN 10486), Self-Represented Litigant Certification of Notification of Complementary Dispute Resolution Alternatives (CN 10889) with its descriptive material (CN 10888), a Certification of Insurance Coverage, and a Case Information Statement (CN 10482) when custody, support, alimony or property division is disputed. Forms with CN numbers can be downloaded from the Judiciary website. Documents can be filed online through the Judiciary Electronic Document Submission (JEDS) system, available 24/7, with fees paid by credit card. |
Property and alimony
| Dividing property | New Jersey uses equitable distribution. Property acquired during the marriage by one spouse through gift, devise or inheritance (other than gifts between spouses) is not subject to distribution. The court weighs factors including the length of the marriage, age and health, property each brought into the marriage, the marital standard of living, written agreements, each spouse's economic circumstances, income and earning capacity, contributions to the other's education, contributions to marital property (including as a homemaker), tax consequences, debts, and the custodial parent's need to stay in the home. There is a rebuttable presumption that each spouse made a substantial contribution to property acquired during the marriage. Official N.J. Legislature statutes database (search by section number). Source: N.J.S.A. 2A:34-23(h), 2A:34-23.1 |
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| Alimony (spousal support) | The court may award open durational, rehabilitative, limited duration or reimbursement alimony, considering factors such as actual need and ability to pay, length of the marriage, age and health, the marital standard of living, earning capacities and employability, parental responsibilities, each spouse's contributions, and tax consequences. For marriages under 20 years, the total duration of alimony may not exceed the length of the marriage except in exceptional circumstances. |
Children: custody and support
| Child custody | Both parents' rights are equal, and the child's safety and best interests are paramount. The court may order joint custody, sole custody with parenting time, or another arrangement in the child's best interests, and must approve an arrangement both parents agree to unless it is contrary to the child's best interests. Factors include the parents' ability to communicate and cooperate, willingness to accept custody and allow parenting time, the child's relationships, any history of domestic violence or child abuse, the child's safety, the child's preference when of sufficient age and capacity to reason, the child's needs, home stability, education, parental fitness, distance between homes, time spent with the child, and work responsibilities. No specific age is set for the child's preference. Official N.J. Legislature statutes database (search by section number). Source: N.J.S.A. 9:2-4 |
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| Emergency and temporary custody | In a non-divorce (FD) custody or support case, you can request an Emergent Hearing for urgent issues involving a child's safety, when an emergency remedy is the only way to prevent immediate harm. The court's emergent hearing form includes examples. Forms can be uploaded through JEDS, delivered to the county courthouse, or mailed. There is no fee for a first-time filing; a request to modify an existing case costs $25, plus a separate $6 fee if child support is requested. |
| Parenting class or mediation | In divorce, nullity or separate maintenance cases where custody, visitation or support of a minor child is at issue, the court orders each party to attend the Parents' Education Program (in separate sessions) before judgment, with a $25 registration fee. The court may exempt a party for good cause and will not refer parties when a domestic violence restraining order is in place. The court's self-help page adds that the program is not required if a signed property settlement agreement is filed with the first filing. Official N.J. Legislature statutes database (search by section number). |
| Grandparents' rights | A grandparent or sibling of a child living in New Jersey may apply for visitation and must prove by a preponderance of the evidence that visitation is in the child's best interests. The court considers the applicant's relationship with the child and the parents, the time since last contact, the effect on the parent-child relationship, the parents' time-sharing arrangement, the applicant's good faith, any history of abuse or neglect by the applicant, and other relevant factors. Having been a full-time caretaker of the child is prima facie evidence that visitation is in the child's best interest. Official N.J. Legislature statutes database (search by section number). Source: N.J.S.A. 9:2-7.1 |
Child support
| Child support | New Jersey's Child Support Guidelines (Rules of Court, Appendix IX) use the Income Shares approach, which bases support on both parents' incomes. The state child support program offers the QuickCalc estimator, and the courts publish sole-parenting and shared-parenting worksheets. Calculator: https://quickcalc.njchildsupport.gov/ ; worksheets linked from https://www.njcourts.gov/self-help/child-support-custody/child-support |
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| How to apply for child support | You can apply for child support online through the New Jersey Child Support Program; there is a one-time $6 fee, and the application takes about 30 minutes. The online application cannot be used if you already have a case with the other parent, either parent lives outside New Jersey, there is a pending or existing court support action, you do not know the other parent's address, the child does not live with you most of the time, or you receive or received WFNJ/TANF or Medicaid for the child. In those situations, print the application and court forms and email them through the Judiciary Electronic Document Submission (JEDS) system or mail them to the Family Division in your county, or call 1-877-NJKiDS1 (655-4371) to have forms mailed to you. |
| When child support ends | The obligation to pay child support ends automatically when the child marries, dies, enters military service, or turns 19. The parent receiving support can ask for support to continue past 19 if the child is still in high school, attends full-time post-secondary education (college, vocational or graduate school), or has a disability, by filing a Request for Continuation of Support within 45 days of the child's 19th birthday with a proposed end date, which must be before the child's 23rd birthday (except for disability). Support for other reasons must be sought from the Family Court as financial maintenance. |
| Changing a child support order | Either party can ask to modify a support order at any time by filing with the court. Parents receive a notice every three years offering the option to request a review of the order, and orders for families on public assistance are reviewed automatically every three years. Orders established or modified after September 1, 1998 also get an automatic cost-of-living adjustment every two years. The court filing fee for an application to modify a Family Part (FD) order is $25. |
| If child support isn't paid | Enforcement tools include interception of federal and state tax refunds (unpaid support of at least $150 in public assistance cases or $500 in other cases); seizure of bank accounts and other assets; Family Court enforcement hearings that can result in arrest orders, orders to pay arrears immediately, or added payments; failure-to-appear and failure-to-comply warrants, which can lead to jail; passport denial at $2,500 or more (New Jersey generally requires full payment before the restriction is lifted); credit bureau reporting of debts over $1,000; interception of New Jersey lottery prizes of $600 or more and of casino, sports wagering and online gaming winnings of $40,000 or more; interception of lawsuit awards and settlements (after the first $2,000); liens on real and personal property; automatic judgments for unpaid support; and suspension, revocation or denial of driver's, professional, occupational, recreational and sporting licenses when support has not been paid for six months or more. |
| State child support agency | New Jersey's child support agency is NJ Child Support, part of the Division of Family Development. It sets up child support, locates parents, establishes paternity, helps get health care coverage, collects and distributes payments, adjusts orders when circumstances change and acts when payments stop. Apply online (about 30 minutes) or through a local office. Payment options and a payment coupon are on the website, and parents can check their case through the Customer Case Info login. Customer service: 1-877-NJKiDS1 (655-4371). |
| Official child support calculator | New Jersey Child Support's QuickCalc is the state's online NJ Child Support Guidelines calculator (sole or shared parenting worksheet, weekly gross taxable income, prior support orders and filing status). It says it is for informational purposes only and is not a guarantee of the amount that will be ordered; the actual order is affected by other factors, and the court has the final authority to determine the amount. The guidelines are set by Court Rule 5:6A. |
Separation, annulment, records and marriage
| Legal separation | New Jersey offers divorce from bed and board (a limited divorce, similar to legal separation) for the same causes as a full divorce when both spouses request it. If they reconcile, they may ask the court to revoke or suspend it, and either spouse may later convert it to a full divorce as a matter of right. Civil union partners may seek a legal separation on the same basis. Official N.J. Legislature statutes database (search by section number). Source: N.J.S.A. 2A:34-3 |
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| Annulment | A marriage may be annulled if either spouse had another living spouse, civil union partner or domestic partner; the spouses are too closely related; either spouse was incurably impotent (if the other did not know and did not later ratify the marriage); either spouse lacked capacity because of mental condition or intoxicants, or there was lack of mutual assent, duress, or fraud as to the essentials of marriage (not later ratified); the request is made by a spouse who was under 18 at the time of marriage; or on other general equity grounds. Official N.J. Legislature statutes database (search by section number). Source: N.J.S.A. 2A:34-1 |
| Common-law marriage | Not recognized for marriages entered on or after December 1, 1939. A marriage after that date is valid only if the couple obtained a marriage license and the marriage was performed by an authorized officiant; otherwise it is void. Common-law marriages contracted before that date are not invalidated. Official N.J. Legislature statutes database (search by section number). Source: N.J.S.A. 37:1-10 |
| Changing your name after divorce | When or after granting a divorce, the court may allow either spouse to resume any name used before the marriage or to take any surname. The court's self-help page says that if the divorce judgment already allows it, no separate motion is needed; otherwise a motion can be filed in family court. |
| Divorce records | Copies of divorce records are requested from the Superior Court Clerk's Office (SCCO), for both closed and archived divorce cases. Divorce documents are released only to a party to the case (with valid state ID) or the attorney of record; anyone else must provide a court order directing the clerk to release them. |
Marriage and name changes
| Getting a marriage license | Apply at the local registrar in the New Jersey municipality where either party lives (the license is then valid statewide); if neither party is a New Jersey resident, apply where the ceremony will take place (the license is valid only in that municipality). Both applicants sign the application under oath before the registrar and bring proof of identity (driver's license, passport or state/federal ID), proof of residency for a New Jersey resident applicant, Social Security numbers, a witness 18 or older, and the $28 application fee. There is a 72-hour waiting period, starting when the application is filed, before the license is issued (no wait for a remarriage). The application is valid for six months from acceptance unless the registrar approves an extension up to one year. |
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| Minimum marriage age | Both parties must be at least 18 years of age to marry in New Jersey. The Department of Health lists no parental-consent or court-approval exception. |
| Legal name change | An adult files a Verified Complaint for name change in the Superior Court, Law Division, Civil Part, in his or her county (the Judiciary provides a self-help kit and eForm). The filing fee is $250. The court sets a hearing date, and the applicant must mail the Order Fixing Date of Hearing to the Director of the Division of Criminal Justice by regular and certified mail at least 20 days before the hearing (and notify law enforcement if charges are pending). The judge reviews the request at the hearing and, if approved, signs a Final Judgment; it must be filed with the Department of Treasury, Division of Revenue, with a $50 fee. |
Adoption, guardianship and paternity
| Adoption requirements | Any person may file an adoption action, but a married person may do so only with the spouse's written consent, jointly with the spouse, or while living apart. The plaintiff must be at least 18 and at least 10 years older than the child, unless the court waives either requirement for good cause. A parent's surrender to an approved agency must be a signed, acknowledged instrument, cannot be taken before birth or within 72 hours after birth, and is generally irrevocable. When the child was not received from an approved agency, the court appoints an approved agency to investigate and report on the child and the adoptive home, and holds a preliminary hearing two to three months after filing. A parent entitled to notice may object within 20 days (35 for nonresidents), and the court may grant the adoption over an objection if the parent substantially failed, or is unable, to perform regular parental functions of care and support. Re-verified 2026-10-27. |
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| Stepparent adoption | When the plaintiff is the child's stepparent, the court may dispense with the agency investigation and report and instead take direct evidence at the preliminary hearing; a domestic violence central registry search is still run. A married plaintiff needs the spouse's written consent or must sue jointly. The other parent is entitled to notice and may object, and the court can grant the adoption over an objection if that parent substantially failed to perform, or is unable to perform, the regular and expected functions of care and support. Re-verified 2026-10-27. |
| Guardianship of a child | One route for relatives and other caregivers is kinship legal guardianship. The court appoints a kinship legal guardian only on clear and convincing evidence that each parent's incapacity makes the parents unable, unavailable or unwilling to care for the child, that this is unlikely to change in the foreseeable future, and that the guardianship is in the child's best interest; parental incapacity alone is not enough, and the parents must receive proper notice. The court considers a caregiver assessment, background checks, the parents' wishes, and the wishes of a child 12 or older. A kinship legal guardian has a parent's rights for care, medical, school and similar decisions, but cannot consent to adoption or a name change. Re-verified 2026-10-27. Source: N.J.S.A. 3B:12A-4, 3B:12A-6 |
| Guardianship of an adult | Adult guardianship cases are filed with the county Surrogate in the county where the alleged incapacitated person lives and heard in Superior Court. In a standard case the application includes certifications from two professionals (a physician plus a second physician or psychologist) who personally examined the person within 30 days of filing; for a person eligible for Division of Developmental Disabilities services, the Judiciary lists a $200 fee and allows an examination within six months of filing. The court assigns a lawyer for the alleged incapacitated person. If the court finds the person incapacitated and without capacity to govern himself or herself and manage his or her affairs, it may appoint a general guardian; if the person lacks capacity for some but not all tasks, it appoints a limited guardian and must make specific findings on the areas of decision-making the person keeps. The fee and exam-timing rules are from the Judiciary page. Re-verified and corrected 2026-10-27. |
| Establishing paternity | A father's paternity can be established by a Certificate of Parentage signed before or after the birth and filed with the appropriate state agency, by a court order (including based on genetic testing), or by giving full faith and credit to another state's determination. A signed voluntary acknowledgment is a legal finding of paternity, but the signer may rescind it within 60 days of signing or by the date a support order is established in a case to which the signer is a party, whichever is earlier. After that, it can be voided only on clear and convincing evidence of fraud, duress or material mistake of fact. In a contested case, the parties must submit to genetic testing at a party's request supported by a sworn statement. Re-verified 2026-10-27. Source: N.J.S.A. 9:17-41 |
Where to get help in New Jersey
Divorce & Family Law FAQ
How long do you have to live in New Jersey to file for divorce?
A divorce case for any ground other than adultery cannot be started unless one spouse has been a bona fide New Jersey resident for the 1 year before filing. For adultery, it is enough that either spouse was a resident when the cause arose and has remained a resident until filing.
Is New Jersey a no-fault divorce state?
No-fault divorce is available for irreconcilable differences that have caused the breakdown of the marriage for at least six months with no reasonable prospect of reconciliation, or for living separate and apart for at least 18 consecutive months. Fault grounds are adultery, desertion for 12 months or more, extreme cruelty, addiction or habitual drunkenness for 12 months, institutionalization for mental illness for 24 months, imprisonment for 18 months, and deviant sexual conduct without consent.
Is there a waiting period for divorce in New Jersey?
New Jersey's divorce statutes set time requirements within the grounds rather than a separate cooling-off period: irreconcilable differences must have lasted at least six months, separation must have lasted at least 18 months, and a complaint based on extreme cruelty cannot be filed until 3 months after the last act of cruelty claimed.
How much does it cost to file for divorce in New Jersey?
The fee to file a divorce complaint is $300, and a defendant's filing (answer or appearance) is $175. If there are minor children, each party pays an additional $25 parent education fee. People with low income may qualify for a fee waiver.
How do you get an uncontested divorce in New Jersey?
An uncontested divorce is one in which both spouses agree to end the marriage and agree on all major issues. The filing spouse files the complaint ($300) marked uncontested, the other spouse files an appearance ($175), and the spouses sign and notarize a property settlement agreement covering custody and parenting time, child support, alimony, and division of property and debt.
Is New Jersey a community property state?
New Jersey uses equitable distribution. Property acquired during the marriage by one spouse through gift, devise or inheritance (other than gifts between spouses) is not subject to distribution. The court weighs factors including the length of the marriage, age and health, property each brought into the marriage, the marital standard of living, written agreements, each spouse's economic circumstances, income and earning capacity, contributions to the other's education, contributions to marital property (including as a homemaker), tax consequences, debts, and the custodial parent's need to stay in the home. There is a rebuttable presumption that each spouse made a substantial contribution to property acquired during the marriage.
How is alimony decided in New Jersey?
The court may award open durational, rehabilitative, limited duration or reimbursement alimony, considering factors such as actual need and ability to pay, length of the marriage, age and health, the marital standard of living, earning capacities and employability, parental responsibilities, each spouse's contributions, and tax consequences. For marriages under 20 years, the total duration of alimony may not exceed the length of the marriage except in exceptional circumstances.
How is child custody decided in New Jersey?
Both parents' rights are equal, and the child's safety and best interests are paramount. The court may order joint custody, sole custody with parenting time, or another arrangement in the child's best interests, and must approve an arrangement both parents agree to unless it is contrary to the child's best interests. Factors include the parents' ability to communicate and cooperate, willingness to accept custody and allow parenting time, the child's relationships, any history of domestic violence or child abuse, the child's safety, the child's preference when of sufficient age and capacity to reason, the child's needs, home stability, education, parental fitness, distance between homes, time spent with the child, and work responsibilities. No specific age is set for the child's preference.
How is child support calculated in New Jersey?
New Jersey's Child Support Guidelines (Rules of Court, Appendix IX) use the Income Shares approach, which bases support on both parents' incomes. The state child support program offers the QuickCalc estimator, and the courts publish sole-parenting and shared-parenting worksheets.
Do you have to take a parenting class to divorce in New Jersey?
In divorce, nullity or separate maintenance cases where custody, visitation or support of a minor child is at issue, the court orders each party to attend the Parents' Education Program (in separate sessions) before judgment, with a $25 registration fee. The court may exempt a party for good cause and will not refer parties when a domestic violence restraining order is in place. The court's self-help page adds that the program is not required if a signed property settlement agreement is filed with the first filing.
Can you get a legal separation in New Jersey?
New Jersey offers divorce from bed and board (a limited divorce, similar to legal separation) for the same causes as a full divorce when both spouses request it. If they reconcile, they may ask the court to revoke or suspend it, and either spouse may later convert it to a full divorce as a matter of right. Civil union partners may seek a legal separation on the same basis.
What are the grounds for annulment in New Jersey?
A marriage may be annulled if either spouse had another living spouse, civil union partner or domestic partner; the spouses are too closely related; either spouse was incurably impotent (if the other did not know and did not later ratify the marriage); either spouse lacked capacity because of mental condition or intoxicants, or there was lack of mutual assent, duress, or fraud as to the essentials of marriage (not later ratified); the request is made by a spouse who was under 18 at the time of marriage; or on other general equity grounds.
Does New Jersey recognize common-law marriage?
Not recognized for marriages entered on or after December 1, 1939. A marriage after that date is valid only if the couple obtained a marriage license and the marriage was performed by an authorized officiant; otherwise it is void. Common-law marriages contracted before that date are not invalidated.
Do grandparents have visitation rights in New Jersey?
A grandparent or sibling of a child living in New Jersey may apply for visitation and must prove by a preponderance of the evidence that visitation is in the child's best interests. The court considers the applicant's relationship with the child and the parents, the time since last contact, the effect on the parent-child relationship, the parents' time-sharing arrangement, the applicant's good faith, any history of abuse or neglect by the applicant, and other relevant factors. Having been a full-time caretaker of the child is prima facie evidence that visitation is in the child's best interest.
How do you change your name back after a divorce in New Jersey?
When or after granting a divorce, the court may allow either spouse to resume any name used before the marriage or to take any surname. The court's self-help page says that if the divorce judgment already allows it, no separate motion is needed; otherwise a motion can be filed in family court.
At what age does child support end in New Jersey?
The obligation to pay child support ends automatically when the child marries, dies, enters military service, or turns 19. The parent receiving support can ask for support to continue past 19 if the child is still in high school, attends full-time post-secondary education (college, vocational or graduate school), or has a disability, by filing a Request for Continuation of Support within 45 days of the child's 19th birthday with a proposed end date, which must be before the child's 23rd birthday (except for disability). Support for other reasons must be sought from the Family Court as financial maintenance.
How do I file for child support in New Jersey?
You can apply for child support online through the New Jersey Child Support Program; there is a one-time $6 fee, and the application takes about 30 minutes. The online application cannot be used if you already have a case with the other parent, either parent lives outside New Jersey, there is a pending or existing court support action, you do not know the other parent's address, the child does not live with you most of the time, or you receive or received WFNJ/TANF or Medicaid for the child. In those situations, print the application and court forms and email them through the Judiciary Electronic Document Submission (JEDS) system or mail them to the Family Division in your county, or call 1-877-NJKiDS1 (655-4371) to have forms mailed to you.
What happens if you don't pay child support in New Jersey?
Enforcement tools include interception of federal and state tax refunds (unpaid support of at least $150 in public assistance cases or $500 in other cases); seizure of bank accounts and other assets; Family Court enforcement hearings that can result in arrest orders, orders to pay arrears immediately, or added payments; failure-to-appear and failure-to-comply warrants, which can lead to jail; passport denial at $2,500 or more (New Jersey generally requires full payment before the restriction is lifted); credit bureau reporting of debts over $1,000; interception of New Jersey lottery prizes of $600 or more and of casino, sports wagering and online gaming winnings of $40,000 or more; interception of lawsuit awards and settlements (after the first $2,000); liens on real and personal property; automatic judgments for unpaid support; and suspension, revocation or denial of driver's, professional, occupational, recreational and sporting licenses when support has not been paid for six months or more.
How do you modify child support in New Jersey?
Either party can ask to modify a support order at any time by filing with the court. Parents receive a notice every three years offering the option to request a review of the order, and orders for families on public assistance are reviewed automatically every three years. Orders established or modified after September 1, 1998 also get an automatic cost-of-living adjustment every two years. The court filing fee for an application to modify a Family Part (FD) order is $25.
How do you get emergency custody in New Jersey?
In a non-divorce (FD) custody or support case, you can request an Emergent Hearing for urgent issues involving a child's safety, when an emergency remedy is the only way to prevent immediate harm. The court's emergent hearing form includes examples. Forms can be uploaded through JEDS, delivered to the county courthouse, or mailed. There is no fee for a first-time filing; a request to modify an existing case costs $25, plus a separate $6 fee if child support is requested.
Are divorce records public in New Jersey, and how do I get a copy?
Copies of divorce records are requested from the Superior Court Clerk's Office (SCCO), for both closed and archived divorce cases. Divorce documents are released only to a party to the case (with valid state ID) or the attorney of record; anyone else must provide a court order directing the clerk to release them.
How do you get a marriage license in New Jersey?
Apply at the local registrar in the New Jersey municipality where either party lives (the license is then valid statewide); if neither party is a New Jersey resident, apply where the ceremony will take place (the license is valid only in that municipality). Both applicants sign the application under oath before the registrar and bring proof of identity (driver's license, passport or state/federal ID), proof of residency for a New Jersey resident applicant, Social Security numbers, a witness 18 or older, and the $28 application fee. There is a 72-hour waiting period, starting when the application is filed, before the license is issued (no wait for a remarriage). The application is valid for six months from acceptance unless the registrar approves an extension up to one year.
What is the legal age to get married in New Jersey?
Both parties must be at least 18 years of age to marry in New Jersey. The Department of Health lists no parental-consent or court-approval exception.
What are the requirements to adopt a child in New Jersey?
Any person may file an adoption action, but a married person may do so only with the spouse's written consent, jointly with the spouse, or while living apart. The plaintiff must be at least 18 and at least 10 years older than the child, unless the court waives either requirement for good cause. A parent's surrender to an approved agency must be a signed, acknowledged instrument, cannot be taken before birth or within 72 hours after birth, and is generally irrevocable. When the child was not received from an approved agency, the court appoints an approved agency to investigate and report on the child and the adoptive home, and holds a preliminary hearing two to three months after filing. A parent entitled to notice may object within 20 days (35 for nonresidents), and the court may grant the adoption over an objection if the parent substantially failed, or is unable, to perform regular parental functions of care and support.
How does stepparent adoption work in New Jersey?
When the plaintiff is the child's stepparent, the court may dispense with the agency investigation and report and instead take direct evidence at the preliminary hearing; a domestic violence central registry search is still run. A married plaintiff needs the spouse's written consent or must sue jointly. The other parent is entitled to notice and may object, and the court can grant the adoption over an objection if that parent substantially failed to perform, or is unable to perform, the regular and expected functions of care and support.
How do you get guardianship of a child in New Jersey?
One route for relatives and other caregivers is kinship legal guardianship. The court appoints a kinship legal guardian only on clear and convincing evidence that each parent's incapacity makes the parents unable, unavailable or unwilling to care for the child, that this is unlikely to change in the foreseeable future, and that the guardianship is in the child's best interest; parental incapacity alone is not enough, and the parents must receive proper notice. The court considers a caregiver assessment, background checks, the parents' wishes, and the wishes of a child 12 or older. A kinship legal guardian has a parent's rights for care, medical, school and similar decisions, but cannot consent to adoption or a name change.
How do you get guardianship of an adult in New Jersey?
Adult guardianship cases are filed with the county Surrogate in the county where the alleged incapacitated person lives and heard in Superior Court. In a standard case the application includes certifications from two professionals (a physician plus a second physician or psychologist) who personally examined the person within 30 days of filing; for a person eligible for Division of Developmental Disabilities services, the Judiciary lists a $200 fee and allows an examination within six months of filing. The court assigns a lawyer for the alleged incapacitated person. If the court finds the person incapacitated and without capacity to govern himself or herself and manage his or her affairs, it may appoint a general guardian; if the person lacks capacity for some but not all tasks, it appoints a limited guardian and must make specific findings on the areas of decision-making the person keeps.
How do you establish paternity in New Jersey?
A father's paternity can be established by a Certificate of Parentage signed before or after the birth and filed with the appropriate state agency, by a court order (including based on genetic testing), or by giving full faith and credit to another state's determination. A signed voluntary acknowledgment is a legal finding of paternity, but the signer may rescind it within 60 days of signing or by the date a support order is established in a case to which the signer is a party, whichever is earlier. After that, it can be voided only on clear and convincing evidence of fraud, duress or material mistake of fact. In a contested case, the parties must submit to genetic testing at a party's request supported by a sworn statement.
How do you legally change your name in New Jersey?
An adult files a Verified Complaint for name change in the Superior Court, Law Division, Civil Part, in his or her county (the Judiciary provides a self-help kit and eForm). The filing fee is $250. The court sets a hearing date, and the applicant must mail the Order Fixing Date of Hearing to the Director of the Division of Criminal Justice by regular and certified mail at least 20 days before the hearing (and notify law enforcement if charges are pending). The judge reviews the request at the hearing and, if approved, signs a Final Judgment; it must be filed with the Department of Treasury, Division of Revenue, with a $50 fee.
Where can I get divorce papers and forms in New Jersey?
The New Jersey Courts' divorce self-help page lists the documents needed to file: a Divorce Complaint, Certification of Verification and Non-Collusion, Summons, Confidential Litigant Information Sheet (CN 10486), Self-Represented Litigant Certification of Notification of Complementary Dispute Resolution Alternatives (CN 10889) with its descriptive material (CN 10888), a Certification of Insurance Coverage, and a Case Information Statement (CN 10482) when custody, support, alimony or property division is disputed. Forms with CN numbers can be downloaded from the Judiciary website. Documents can be filed online through the Judiciary Electronic Document Submission (JEDS) system, available 24/7, with fees paid by credit card.
Who handles child support in New Jersey, and how do I contact them?
New Jersey's child support agency is NJ Child Support, part of the Division of Family Development. It sets up child support, locates parents, establishes paternity, helps get health care coverage, collects and distributes payments, adjusts orders when circumstances change and acts when payments stop. Apply online (about 30 minutes) or through a local office. Payment options and a payment coupon are on the website, and parents can check their case through the Customer Case Info login. Customer service: 1-877-NJKiDS1 (655-4371).
Is there an official child support calculator in New Jersey?
New Jersey Child Support's QuickCalc is the state's online NJ Child Support Guidelines calculator (sole or shared parenting worksheet, weekly gross taxable income, prior support orders and filing status). It says it is for informational purposes only and is not a guarantee of the amount that will be ordered; the actual order is affected by other factors, and the court has the final authority to determine the amount. The guidelines are set by Court Rule 5:6A.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.