How to File for Divorce in New Jersey (2025 Guide)

How to File for Divorce in New Jersey (2025 Guide)

Thinking of filing for divorce in New Jersey? Here’s a step-by-step breakdown to help you understand the process clearly.

✅ 1. Residency Requirement

You or your spouse must have lived in New Jersey for at least 12 consecutive months before filing.

✅ 2. Choose Grounds for Divorce

New Jersey allows both:

• No-Fault: Irreconcilable differences for at least 6 months, or 18+ months of separation

• Fault-Based: Includes adultery, cruelty, addiction, imprisonment, etc. (optional, but not required)

✅ 3. Prepare and File the Divorce Papers

File a Complaint for Divorce in the Family Division of the Superior Court in your county.

Other required forms include:

• Case Information Statement

• Summons

• Certification of Insurance Coverage

• Filing fee: Around $300–$325

✅ 4. Serve Your Spouse

Serve your spouse with the divorce papers using:

• Sheriff’s officer

• Private process server

• Certified mail (in some cases)

• They have 35 days to respond.

✅ 5. Respond or Default

If your spouse responds, the case proceeds.

If they don’t, you may request a default judgment and proceed without them.

✅ 6. Exchange Information

Both sides exchange financial info through the Case Information Statement and may negotiate:

• Property division

• Spousal support

• Child custody/support

✅ 7. Settlement or Trial

If you agree on all terms: file a Marital Settlement Agreement (uncontested divorce)

If not: the court will schedule hearings or trial to decide

✅ 8. Final Judgment of Divorce

Once all matters are resolved, a judge signs the Final Judgment of Divorce, officially ending the marriage.

✅ 9. After Divorce

Change your name (optional)

Follow all court orders

Handle any post-judgment motions if needed

Note: Even in a no-fault divorce, fault may still impact decisions about custody, alimony, or property—especially in contested cases.