New Jersey Divorce FAQs 

1. How Long Does A Divorce Take In New Jersey?

There is no one-size-fits-all answer. Some uncontested divorces—where both sides truly agree on all issues and cooperate—can move through the system in a matter of a few months once the paperwork is ready and filed. Contested cases, especially those involving custody disputes, complex finances, or domestic violence, can take significantly longer, sometimes a year or more, depending on the county, court calendar, and how hard each side pushes.

What matters most is not just the calendar time, but how prepared you are at each step: having financial documents ready, understanding your priorities, and having counsel who can guide you through settlement opportunities like mediation or the Matrimonial Early Settlement Panel (MESP). One of our goals is to keep your case moving without rushing you into a bad deal.

2. Do I Have To Go To Court?

In most New Jersey divorce matters, at least one brief court appearance is required to finalize the divorce. That said, many cases resolve without a full-blown trial. If you and your spouse can reach a written agreement on all issues—custody, parenting time, child support, alimony, and equitable distribution—the court’s role is largely to review and approve your settlement and enter a Final Judgment of Divorce.

You may still have to appear for routine conferences, mediation sessions, or MESP, but those are often shorter and less formal than what people picture when they think “trial.” When we represent you, we explain which appearances are mandatory, which can be handled by your attorney, and how to prepare so you feel as comfortable as possible walking into any courtroom.

5. How Is Child Custody Decided?

New Jersey courts look at the best interests of the child, not who “wins.” Custody has two main components: legal custody, which relates to major decisions (education, medical, religion, big-picture issues), and physical custody/parenting time, which is about where the child lives and when. Parents can share joint legal custody even if one parent has more overnights; there are many possible arrangements.

In evaluating best interests, courts may consider the child’s relationship with each parent, each parent’s ability to communicate and cooperate, the stability of each home, any history of domestic violence, the child’s school and community ties, and other relevant factors. We help you develop a realistic, child-focused plan, negotiate parenting-time schedules, and, when needed, present your position to the court in a way that highlights your strengths as a parent and focuses on stability and safety for your children.

6. How Is Child Support Calculated?

In most cases, New Jersey uses the Child Support Guidelines, which are formula-based and take into account each parent’s income, the number of children, the parenting-time schedule, and certain expenses such as health insurance premiums and childcare. Above certain income levels, or in unusual circumstances, the court may deviate from the guidelines and consider additional factors to ensure child support remains appropriate.

While the guidelines are numerically driven, there are still many judgment calls—how income is defined, treatment of bonuses or overtime, imputed income for a parent who is underemployed, and credits for parenting time or specific expenses. We work with you to make sure the numbers used are accurate, to advocate for fair treatment of your particular situation, and to memorialize the final support terms clearly in your agreement.

7. Will I Have To Pay (Or Receive) Alimony?

Alimony (spousal support) is not automatic, nor is it forbidden. It is based on multiple statutory factors, including the length of the marriage, each spouse’s income and earning capacity, the standard of living established during the marriage, health, ages, childcare responsibilities, and the division of property. In New Jersey, there are different forms of alimony—such as open durational, limited duration, rehabilitative, and reimbursement alimony—each with its own purpose and typical use.

We will evaluate whether alimony is likely in your case, and if so, a reasonable range for amount and duration. From there, we can strategize around negotiation, including trading alimony for a different asset division in some cases, or seeking modifications later if there is a substantial change in circumstances, such as a job loss, illness, or retirement.

8. What Is “Equitable Distribution”?

Equitable distribution is the process of dividing marital property and debts fairly when a marriage ends. Marital property generally includes assets and obligations acquired during the marriage, regardless of whose name is on the title, with some exceptions (for example, certain inheritances or premarital property that has not been commingled). “Equitable” does not always mean equal, but in many long-term marriages, the division is close to 50/50 unless there is a compelling reason to deviate.

Equitable distribution can cover real estate, bank and investment accounts, retirement plans and pensions, stock options and restricted stock units, business interests, cars, personal property, and debts such as credit cards and loans. We identify which assets are marital versus separate, work with you to value them (and, when needed, bring in experts), and help you decide whether you would rather receive certain assets (like keeping the house or a business) in exchange for giving up others.

 

10. Can We Do An “Uncontested” Divorce Without Lawyers?

If you and your spouse truly agree on every issue, you can technically file and complete an uncontested divorce without attorneys. However, many “uncontested” cases are only uncontested on the surface. People sign agreements that are incomplete, unclear, or based on misunderstandings about their rights, tax consequences, or the long-term implications of what they are giving up.

We often assist clients in reviewing proposed agreements even when they believe everything is settled. Sometimes we simply confirm that the agreement is reasonable and flag a few clarifications; other times, we find significant issues that need to be corrected before it’s signed. Having your own lawyer look at documents before you enter into a binding agreement is much less expensive than trying to fix a bad agreement later through post-judgment litigation.

11. What If Things Change After The Divorce?

Life does not stand still after a divorce is finalized. People change jobs, incomes go up or down, children’s needs evolve, and parents relocate or re-partner. New Jersey law allows for post-judgment modifications of certain terms—such as child support, alimony, and parenting time—when there is a genuine, substantial change in circumstances. It also allows for enforcement actions if your ex is not following the agreement.

Our firm regularly helps clients pursue or defend against post-judgment applications, whether they involve seeking more support, reducing support, adjusting a parenting schedule, addressing a proposed relocation, or enforcing obligations related to college costs, medical expenses, or equitable distribution payments. If your reality looks very different from what was contemplated when you signed your agreement, it may be time to talk about whether a modification is appropriate.

12. Do I Need To Update My Estate Plan After Divorce?

Yes. After a divorce, many people forget that their Will, beneficiary designations, and powers of attorney may still name an ex-spouse in critical roles. Failing to update these documents can result in assets passing to someone you no longer intend to benefit, or leave decision-making in the hands of a person you no longer trust.

We recommend that anyone going through a divorce, or who has recently finalized one, review and update their estate plan. That often means creating a new Will, revising or creating a Revocable Living Trust, changing beneficiary designations on life insurance and retirement accounts, and updating powers of attorney and healthcare directives. This is especially important where children are involved, or where there are new partners or remarriages on the horizon.

13. How Much Will My Divorce Cost?

Cost depends on complexity and conflict. A truly uncontested divorce with clear, simple issues will be far less expensive than a highly contested matter involving custody disputes, business valuations, multiple properties, or allegations of serious misconduct. Attorney’s fees are driven less by “how fancy is my lawyer” and more by “how much work does this case demand”—discovery, negotiations, court appearances, and, if necessary, trial preparation.

We are committed to being candid about cost. At your consultation, we will talk about possible fee structures, likely scenarios based on your facts, and options for controlling costs, such as focusing on settlement where practical, using mediation effectively, and avoiding unnecessary battles over issues that will not change the outcome in a meaningful way.

14. What Should I Bring To My First Meeting?

For a more productive first meeting, it helps to bring basic information: any papers you have already received or signed (such as a Complaint or settlement proposal), a rough list of assets and debts, recent pay stubs, tax returns if available, and a brief written timeline of important events in your marriage. If there are urgent safety concerns or domestic violence, documentation of incidents and any prior police reports or restraining orders can also be helpful.

That said, don’t delay reaching out just because you don’t have everything organized yet. Part of our job is to help you figure out what matters and in what order. We can give you a checklist at the end of the first meeting so you know what to gather moving forward.

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No FAQ can replace advice about your specific situation. The most important thing you can do is sit down with an attorney who will listen to your story, explain your options under New Jersey law, and help you prioritize your next steps.

If you are considering divorce, have been served with a Complaint, or need help enforcing or modifying an existing agreement, call us today at 800-709-1131 or request a free, confidential consultation through our online form. We will walk you through what to expect, what to watch out for, and how we can help you move forward with clarity and confidence.