You have decided the marriage is over, or your spouse has decided it for you. Either way, every New Jersey divorce is built from the same pieces: grounds, residency, a Complaint for Divorce, a financial disclosure called the Case Information Statement, and a series of court-run chances to settle before anyone sees a trial. Knowing the sequence before you file is the difference between reacting to the process and directing it. This guide walks through each step in order.
Updated August 2023
Grounds for Divorce in New Jersey
New Jersey's grounds for divorce are set out by statute at N.J.S.A. 2A:34-2. They fall into two categories: no-fault grounds and fault-based grounds.
No-Fault Divorce:
In a no-fault divorce, neither spouse has to prove that the other did something wrong or was at fault for the breakdown of the marriage. New Jersey has two no-fault grounds: irreconcilable differences and separation. Irreconcilable differences is the ground used in most New Jersey divorces.
Irreconcilable Differences:
Under N.J.S.A. 2A:34-2(i), a divorce may be granted for irreconcilable differences that have caused the breakdown of the marriage for a period of six months, where it appears the marriage should be dissolved and there is no reasonable prospect of reconciliation. In practice, this means the spouses have had differences for at least six months that they cannot resolve, and the marriage cannot be repaired.
Separation:
Separation is the second no-fault ground. Under N.J.S.A. 2A:34-2(d), the spouses must have lived separate and apart in different habitations for at least 18 consecutive months, with no reasonable prospect of reconciliation. After the 18-month period, the statute presumes there is no reasonable prospect of reconciliation. Because the irreconcilable-differences ground requires only a six-month breakdown and no separate residences, the separation ground is used far less often.
Fault-Based Divorce:
In a fault-based divorce, one spouse alleges and must prove specific conduct by the other spouse. Fault grounds are less common than no-fault grounds, and choosing a fault ground does not by itself change how property is divided or support is decided. The fault grounds in N.J.S.A. 2A:34-2 are:
Adultery:
Adultery -- a spouse's voluntary sexual relationship with someone outside the marriage -- is a fault ground under N.J.S.A. 2A:34-2(a).
Desertion:
Under N.J.S.A. 2A:34-2(b), willful and continued desertion for 12 or more months is a fault ground. Desertion is usually physical, but New Jersey courts also recognize constructive desertion, such as the unjustified refusal of sexual relations for the required period.
Extreme Cruelty:
N.J.S.A. 2A:34-2(c) defines extreme cruelty as physical or mental cruelty that endangers the safety or health of the plaintiff, or makes it improper or unreasonable to expect the plaintiff to continue to live with the defendant.
Addiction or Habitual Drunkenness:
Under N.J.S.A. 2A:34-2(e), voluntarily induced addiction or habituation to a narcotic drug, or habitual drunkenness, for 12 or more consecutive months after the marriage and before filing is a fault ground.
Imprisonment:
N.J.S.A. 2A:34-2(g) allows a divorce where the defendant has been imprisoned for 18 or more consecutive months after the marriage. If the action is not filed until after the defendant's release, the parties must not have resumed living together afterward.
Institutionalization:
Under N.J.S.A. 2A:34-2(f), institutionalization for mental illness for 24 or more consecutive months after the marriage and before filing is a fault ground.
Deviant Sexual Conduct:
N.J.S.A. 2A:34-2(h) provides a fault ground where the defendant voluntarily engaged in deviant sexual conduct without the plaintiff's consent.
New Jersey Residency Requirements (related to Divorce)
Before a New Jersey court can hear a divorce, the residency requirement of N.J.S.A. 2A:34-10 must be met. Residency is what gives the court jurisdiction to enter a final judgment of divorce.
Establishing Residency in New Jersey
Under N.J.S.A. 2A:34-10, at least one spouse must have been a bona fide resident of New Jersey for at least one year before the divorce action is filed. Being a bona fide resident means more than owning property or keeping a mailing address here; it means actually living in New Jersey and intending to remain. The one-year period must be continuous.
Exception to the Residency Requirement
The one-year requirement applies to every ground except adultery. When the ground is adultery, the statute does not impose the one-year waiting period -- it is enough that a party is a bona fide resident of New Jersey when the action is filed. For all other grounds, including the no-fault grounds, the one-year residency requirement applies. If you are unsure whether you meet the requirement -- for example, because of a recent move or military service -- an attorney can review your specific circumstances.
Types of New Jersey Divorce Proceedings
There are two primary types of divorce proceedings in New Jersey: uncontested divorce and contested divorce. Each type comes with its own set of considerations and procedures.
Uncontested Divorce
An uncontested divorce means more than agreeing that the marriage should end. The spouses must have a workable resolution of property and debt, support, and any parenting issues. A case that begins with broad agreement can still become contested when account records, home equity, tax consequences, or implementation terms reveal a gap.
Advantages and Process
Uncontested divorces offer several advantages, including reduced stress, lower legal costs, and a faster resolution. Since both parties are in agreement, there is no need for lengthy court battles, which can save both time and money.
- Filing the Complaint for Divorce. New Jersey does not use a joint petition. One spouse files a Complaint for Divorce, and in an uncontested case the other spouse consents rather than contesting the divorce or its terms.
- Agreement on divorce-related issues. The spouses reach agreement on the major issues, such as property division, support, and any parenting arrangements.
- Drafting a Marital Settlement Agreement. The spouses put their terms in a Marital Settlement Agreement, the written contract that sets out how the divorce will be resolved.
- Court appearance. The spouses attend a brief hearing where the judge confirms the agreement was entered into voluntarily and with full disclosure, then incorporates it into the Final Judgment of Divorce.
Contested Divorce
A contested divorce arises when one or more issues remain unresolved. Identify those issues precisely. A couple may agree on parenting and disagree only about a business value, or agree to sell the home while disputing support. Defining the actual dispute helps determine what discovery, expert work, motion practice, or mediation is proportionate.
Reasons for a Contested Divorce
- Disagreements over child custody and visitation arrangements
- Disputes over the division of assets and debts
- Lack of communication or cooperation between spouses
Steps Involved in a Contested Divorce
- Filing a complaint for divorce. One spouse initiates the divorce by filing a complaint with the court, stating the grounds for divorce and the disputed issues.
- Response from the other party. The other spouse must respond to the complaint, either agreeing or disagreeing with the stated grounds and issues.
- Discovery and evidence gathering. Both sides exchange information and gather the documents and evidence relevant to the disputed issues.
- Mediation and negotiation. In an attempt to resolve disagreements outside of court, the parties may participate in mediation or negotiation sessions.
- Court proceedings and trial. If disputes persist, the case may proceed to court for a judge to make decisions on unresolved issues.
The Divorce Process in New Jersey
The seven stages below describe a common contested path, not seven boxes every family must check. Settlement can occur before filing or at several points afterward. Temporary relief, custody evaluations, business valuations, or emergency applications may add steps when the facts require them.
Step 1: File a Complaint for Divorce
Service of Process
What is a service of process? This is the act in which the divorce Complaint is served upon your spouse. In the case of a mutually agreed-upon divorce, the other spouse (who did not file) has to sign an acknowledgement of the receipt of service. If the spouse does not want to sign or is difficult to locate, a professional process server still is able to perform a skip trace and get him served. In some cases, service by publication may be necessary. That is when all attempts to serve have failed, approval of the court is obtained to publish the complaint for divorce in the newspapers. That would then satisfy the spouses right to be advised (served) with the complaint.
New Jersey does not place an automatic freeze on assets when a divorce complaint is filed or served. Unlike some states, New Jersey has no automatic restraining order that, by itself, bars a spouse from selling property, moving funds, or removing children from the state. If those protections are needed, a party must ask the court for them -- for example, by seeking restraints or other relief on a motion or order to show cause. Where there is a genuine emergency, such as a risk that assets will be dissipated, the court can enter temporary orders to preserve the status quo while the case is pending.
Step 2: Appearance/Answer and Counterclaim (Divorce Complaint Response)
Service is a procedural requirement and a human event. Decide whether counsel can request acknowledgment, whether a process server is necessary, and whether safety, a workplace, children, or a public setting affects the plan. Courtesy cannot replace valid service, and valid service need not be staged to embarrass the receiving spouse.
In this situation the other spouse is the Defendant. Under New Jersey's court rules (R. 5:4-3 and R. 4:6-1(a)), the Defendant generally has 35 days after being served to file a response. The Defendant can file an Answer agreeing with the Complaint, or an Answer and Counterclaim disagreeing with parts of the Complaint and asking for relief of their own. The Defendant may also file an Appearance, which lets them participate on issues such as custody, support, alimony, and equitable distribution without filing a full Answer. If no response is filed within the allowed time, the Plaintiff can ask the court to enter a default.
A Counterclaim simply puts the Defendant's own requests before the court; it does not mean those requests will be granted.
Step 3: File a Case Information Statement
Under New Jersey Court Rule 5:5-2, a Case Information Statement (CIS) is required in contested family actions that involve custody, child support, alimony, or equitable distribution. Each party files it within 20 days after the Answer or Appearance is filed. The CIS gives the court a sworn picture of each spouse's finances, so it drives decisions about support and how property and debts are divided. Some of the items contained in a CIS are:
- Basic personal information
- Birth date
- Address
- Date of marriage
- Employer information
- Income information
- Monthly expenses (for example, food)
- Liabilities (for example, loans and mortgages)
- Life insurance
Step 4: Settlement Agreement / Early Settlement Panel
The spouses may try to reach agreement either before or after the Complaint is filed. If they cannot settle on their own, New Jersey Court Rule 5:5-5 requires each county (vicinage) to maintain an Early Settlement Panel (ESP). The panel is usually made up of experienced family law attorneys who review the parties' submissions and recommend how to resolve the financial issues, such as alimony, equitable distribution, and contribution to a child's college costs. The panel's recommendations are not binding. If both spouses accept them, those terms can be written into a settlement agreement and the divorce can move toward final judgment. If the parties do not settle at the ESP, the case proceeds to Step 5.
Step 5: Economic Mediation
If the case does not settle at the Early Settlement Panel, the court refers it to post-ESP economic mediation under New Jersey Court Rule 1:40-5. A trained, neutral mediator works with the spouses to try to resolve the financial issues in an informal, non-adversarial setting. Unless the court excuses participation for good cause, the parties are required to attend; the first two hours of mediation are without charge, and any continued mediation after that is voluntary.
Step 6: Intensive Settlement Conference
If the Economic Mediation does not result in an agreement, then the parties will be required to attend an Intensive Settlement Conference in the courthouse and try once again to settle before taking the case to trial.
Step 7: Divorce Trial
If the parties still cannot reach an agreement, the case proceeds to trial. In New Jersey, divorce cases are decided by a Family Part judge, not a jury. The judge hears testimony and evidence on the issues that remain in dispute -- which can include custody and parenting time, alimony, child support, and equitable distribution -- and then decides them. Most New Jersey divorces settle before trial; trial is the path for the issues the parties truly cannot resolve.
When the spouses do reach agreement -- whether before filing, at the Early Settlement Panel, in mediation, or at a later settlement conference -- those terms are written into a Marital Settlement Agreement (also called a Property Settlement Agreement). The judge reviews the agreement to confirm it was entered into voluntarily, knowingly, and with full financial disclosure, and then incorporates it into the Final Judgment of Divorce, where it becomes an enforceable court order.
New Jersey Final Divorce Decree
A final divorce decree is a court order that officially terminates a marriage. It is also commonly referred to as a "Final Judgment of Divorce" or simply "Divorce Decree." This decree is issued by a judge after all the legal requirements and procedures of the divorce process have been completed. The final divorce decree includes essential information and decisions regarding the divorce, such as:
- Dissolution of marriage
- Division of marital property
- Name change
- Other terms and conditions
Before entry, compare the judgment and settlement agreement with the decisions actually made. Check account identifiers, transfer deadlines, refinance and sale terms, support start dates, parenting schedules, tax provisions, insurance duties, and responsibility for implementation documents. Some support or parenting provisions may later be modifiable; a negotiated property division is ordinarily treated differently. Counsel should explain that distinction before signature rather than promise that an omitted term can be fixed later.
The Four Issues a New Jersey Divorce Decides
Whether your case settles or goes to trial, the outcome generally comes down to four issues: custody and parenting time, child support, alimony, and the division of property and debt. Understanding how New Jersey law approaches each one helps you set realistic goals before negotiations begin.
Custody and Parenting Time
In New Jersey, custody decisions are governed by N.J.S.A. 9:2-4, and the controlling standard is the best interests of the child. The statute states that the rights of both parents are to be equal, and it does not favor either parent based on gender.
It helps to separate two ideas that are often blurred together:
- Legal custody is the authority to make major decisions about a child's life -- education, health care, and religious upbringing. New Jersey courts commonly award joint legal custody, so that both parents continue to share in these decisions.
- Physical (residential) custody describes where the child primarily lives. One parent may be designated the parent of primary residence while the other has a parenting-time schedule, or the parents may share residential custody more evenly.
When parents cannot agree, the court weighs the factors set out in N.J.S.A. 9:2-4. These include each parent's ability to agree, communicate, and cooperate on matters affecting the child; any history of domestic violence; the safety of the child and of each parent; the child's relationship with parents and siblings; the child's preference when the child is old enough to form an intelligent decision; the needs of the child; the stability of each home; the quality and continuity of the child's education; the fitness of the parents; the geographical proximity of the homes; and the extent and quality of time spent with the child before and after the separation. No single factor controls. If the court declines to follow a custody arrangement the parents themselves have agreed to, it must state its reasons for doing so.
Child Support
Child support in New Jersey is calculated under the Child Support Guidelines found in Rule 5:6A of the New Jersey Court Rules and its Appendix IX. The Guidelines use an "income shares" model, built on the principle that a child should receive roughly the same proportion of parental income that the child would have received if the household had remained intact. Both parents' incomes are combined to determine a basic support obligation, which is then shared between them.
A few points worth knowing:
- The Guidelines create a rebuttable presumption -- the calculated amount is presumed correct, but a court may adjust it where the Guidelines would be inappropriate or unjust in a particular case, with the reasons stated on the record.
- Certain costs are typically added to the basic obligation, including work-related child-care expenses and the child's share of health-insurance premiums.
- The Guidelines build in a self-support reserve so that the paying parent retains enough income to meet basic living needs.
The Guidelines are updated periodically, so the figures applied to your case depend on the schedules in effect at the time. Because the calculation turns on accurate income and expense information, the Case Information Statement discussed earlier in this guide does real work here.
Alimony
Alimony -- spousal support -- is governed by N.J.S.A. 2A:34-23. New Jersey's 2014 alimony reform replaced the older concept of "permanent alimony" with open durational alimony, and the statute now authorizes the court to award one or more of the following types, separately or in combination:
- Open durational alimony, which has no fixed end date and is generally reserved for longer marriages.
- Limited duration alimony, awarded for a set period.
- Rehabilitative alimony, awarded to support a spouse while they obtain the education, training, or experience needed to become self-supporting.
- Reimbursement alimony, which compensates a spouse who supported the other through an advanced education in anticipation of sharing in the resulting earning capacity. By statute, a reimbursement alimony award cannot be modified.
For any marriage or civil union of less than 20 years, the statute provides that the total duration of alimony generally may not exceed the length of the marriage, except in exceptional circumstances. In deciding whether to award alimony and in what amount, the court considers the statutory factors, which include the actual need and ability of the parties to pay; the duration of the marriage; the age and health of each party; the standard of living established during the marriage; each party's earning capacity, education, and employability; parental responsibilities for the children; the financial and non-financial contributions each made to the marriage; the equitable distribution of property; and the tax consequences of any award, among others.
Two later developments are also worth understanding. There is a rebuttable presumption that alimony terminates when the paying spouse reaches full retirement age, though a court may set a different date for good cause. And cohabitation by the supported spouse can be grounds to modify or end alimony; once cohabitation is shown, the burden shifts to the supported spouse to demonstrate that support remains warranted.
These issues are decided together, and they influence one another. The parenting schedule affects the child-support calculation; the property division and the presence or absence of alimony shape each spouse's financial footing going forward. That is why the settlement-focused steps in the New Jersey process -- the Early Settlement Panel, economic mediation, and the Intensive Settlement Conference -- address them as a package rather than in isolation.
Division of Marital Property in New Jersey
In New Jersey, marital property is divided by equitable distribution. Equitable means fair, not automatically equal: marital assets and debts are divided fairly between the spouses, and that may or may not be a 50/50 split. The first step is identifying what is marital property -- generally, assets and debts acquired during the marriage, which are subject to division -- as opposed to separate property, such as assets owned before the marriage or received by one spouse through gift or inheritance, which usually stays with that spouse. The next step is valuing the assets and debts, which sometimes calls for appraisers, accountants, or other financial professionals.
In dividing marital property, the court weighs the statutory factors in N.J.S.A. 2A:34-23.1. These include the length of the marriage; the age and health of each spouse; the income and property each brought to the marriage; the standard of living established during the marriage; each spouse's economic circumstances, income, and earning capacity; each spouse's contribution to acquiring, preserving, or increasing the marital property, including contributions as a homemaker; the tax consequences of the division; and other relevant factors. The statute also creates a rebuttable presumption that each spouse made a substantial contribution -- financial or non-financial -- to the property acquired during the marriage.
Find additional information on our divorce practice page and on related matters such as child custody, parenting time, and domestic violence on our site.
Please note: The contents of this article are not, nor are they intended to be, legal advice. The contents of this website are intended to provide general information only. You should always consult an attorney for advice regarding your legal matter.