How to File for Divorce in New Jersey

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.

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.

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.

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.

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.