How to File for Divorce in New Jersey
Filing for Divorce in New Jersey
Residency Requirements
At least one spouse must have been a resident of New Jersey for 12 months before filing, UNLESS the grounds arose in NJ.
Grounds for Divorce
- No-fault: Irreconcilable differences for 6+ months (most common)
- 18-month separation
- Fault: Adultery, desertion, extreme cruelty, drug addiction, institutionalization, imprisonment
Step-by-Step Process
- Complete Complaint for Divorce
- File with Superior Court Family Part in your county
- Pay filing fee: Approximately $300
- Serve your spouse: Personal service or certified mail
- Spouse files Answer: Within 35 days
- Complete mandatory programs (parenting, mediation)
- Discovery and negotiation
- Final Judgment of Divorce
New Jersey Family Courts
New Jersey Family Courts
Family law cases are handled by the Family Part of the Superior Court in each county (vicinage).
Major Court Locations
- Essex County (Newark): 465 Dr Martin Luther King Jr Blvd
- Bergen County: 10 Main St, Hackensack
- Middlesex County: 120 New St, New Brunswick
- Hudson County: 583 Newark Ave, Jersey City
- Monmouth County: 71 Monument Park, Freehold
NJ Courts Self-Help
Visit njcourts.gov for forms, guides, and self-help resources.
Mandatory Programs
NJ requires:
- Parenting education program
- Economic mediation
- Early Settlement Panel (ESP)
New Jersey Family Court Filing Fees
Filing Fees in New Jersey
Superior Court Family Part Fees (2025)
- Complaint for Divorce: $300
- Answer/Counterclaim: $175
- Motion: $50
- Post-Judgment Motion: $50
Fee Waiver
If you cannot afford fees, complete the Certification in Support of Application to Waive Court Fees. You may qualify if:
- You receive public assistance
- Your income is at or below 150% of poverty level
Other Costs
- Service of process: $50-$100
- Parenting program: $25-$50
- Mediation: Court provides at no cost initially
Free Legal Help in New Jersey
Free Legal Resources in New Jersey
Legal Aid Organizations
- Legal Services of New Jersey: (888) 576-5529
- Northeast NJ Legal Services: (201) 487-2166
- Central Jersey Legal Services: (732) 249-7600
- South Jersey Legal Services: (800) 496-4570
- Essex-Newark Legal Services: (973) 624-4500
NJ Courts Self-Help
Visit njcourts.gov/selfhelp for forms and instructions.
NJ Lawyer Referral
New Jersey State Bar Association: (732) 249-5000
Family Court Self-Help Center
Most NJ courthouses have a Self-Help Center staffed with professionals who can assist with forms.
New Jersey Family Court Deadlines
Critical Deadlines in New Jersey
Response Time
If served with divorce papers, you have 35 days to file an Answer.
No Waiting Period
New Jersey has no mandatory waiting period for divorce, though contested cases take time.
Parenting Education
Parents must complete a parenting education program early in the case as ordered by the court.
Case Information Statement
A Case Information Statement (CIS) must be filed within 35 days of the Answer.
Early Settlement Panel
Contested cases are referred to an Early Settlement Panel (ESP) for mediation before trial.
Appeals
You have 45 days from entry of judgment to file a Notice of Appeal.
What Makes New Jersey Family Law Unique
New Jersey's Unique Family Law Features
Equitable Distribution
New Jersey is an equitable distribution state with no presumption of 50/50. Courts consider 16 statutory factors.
Alimony Reform (2014)
NJ reformed alimony in 2014:
- Limited duration alimony for marriages under 20 years
- Alimony typically ends at full retirement age
- Cohabitation can terminate alimony
Pendente Lite Support
NJ courts commonly award pendente lite (temporary) support early in the case using a formula.
Early Settlement Panel
NJ has a mandatory Early Settlement Panel (ESP) process where volunteer attorneys evaluate the case and make recommendations.
Blue Ribbon Panel
For complex cases, the court may refer to a Blue Ribbon Panel of experienced family law attorneys.
Intensive Settlement Conference
Before trial, an Intensive Settlement Conference before a judge is typically required.
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This information is provided for educational purposes only and does not constitute legal advice. Laws change frequently. Consult with a licensed attorney for advice specific to your situation.