Divorce Process in NJ: A Step-by-Step Guide From Filing to Settlement

The divorce process in NJ follows a clear set of court steps, even when your feelings are anything but clear. Many people ask the same first question: where do I even start? The answer usually begins with grounds, paperwork and a plan for your children and finances. This guide walks through how a case starts, what the court asks of you and the ways couples settle.

How the Divorce Process in NJ Starts

According to the New Jersey Courts divorce guide, the same process applies when ending a marriage, a civil union or a domestic partnership. Either person can file, as long as at least one of you lives in the state.

First, you need a legal reason, called “grounds.” The court’s guide lists several, including:

• Irreconcilable differences. This is the no-fault option. You or your spouse must have lived in New Jersey for 12 consecutive months before filing, and the differences must have lasted at least six months.
• Separation. You have lived apart for at least 18 months.
• Other grounds. These include extreme cruelty, which requires proof of specific behavior, as well as adultery, institutionalization and long-term incarceration.

The no-fault option does not require you to prove that either spouse did something wrong. Even so, the right choice depends on your situation, so talk it through with a lawyer.

Filing and Serving: The First Steps of the Divorce Process in NJ

The person who files is the plaintiff, and the other spouse is the defendant. You file in the county where you last lived together. If you no longer live in New Jersey, you file in the county where your spouse lives.

1. Complete the forms. The complaint tells the court what you are asking for, such as custody, child support or alimony.
2. File the papers. You can file online through the Judiciary’s electronic system, in person or by mail.
3. Pay the fee or ask for a waiver. If your income is low, you may qualify for a fee waiver.
4. Serve your spouse. Within 60 days of filing, deliver the summons and complaint and prove to the court that your spouse received them.

A county sheriff’s officer or a private process server can handle delivery. In addition, the court’s ombudsman office can explain procedures, although its staff cannot give legal advice.

What to gather before you meet a lawyer

• Recent tax returns and pay stubs
• Bank, retirement and investment statements
• Mortgage, loan and credit card statements
• A list of monthly household expenses
• Any prenuptial or other written agreements

These records also help with the Case Information Statement, a court form that lists your income, assets, debts and expenses.

Contested or Uncontested: Two Paths Through Court

The court’s page on contested and uncontested divorces explains the difference. Here is how the two paths compare:

	Contested	Uncontested
What it means	Spouses disagree on one or more issues	Spouses agree on all major issues
Common issues	Grounds, custody, parenting time, support, alimony or property	Resolved in a written agreement
Key paperwork	Case Information Statement and, with children, a parenting plan	A signed, notarized property settlement agreement
Timeline	Several months or longer	Usually much shorter

In a contested case, the court schedules conferences and other events to help resolve the issues. You also go through discovery, which is the exchange of financial and other information. As a result, timing and cost vary with the number of disputed issues.

Custody, Parenting Time and Child Support

If you have children, your case will also address custody, parenting time and support. In a contested case, court staff may ask for a custody and parenting time plan. Parents of minor children also generally attend a parenting program, with some exceptions.

Child support is money one parent pays the other to help cover a child’s daily expenses and care. The New Jersey Child Support Program offers an online tool to estimate support. It also helps families set up support, collect payments and adjust orders when things change.

Dividing Property and Debts

New Jersey uses a system called equitable distribution. Legal Services of New Jersey explains that equitable distribution applies to property the spouses got during the marriage. That period runs from the wedding date to the date one spouse filed the divorce complaint. It also covers debts taken on during the marriage.

Equitable means fair, so the judge weighs factors such as:

• The length of the marriage
• The age and the physical and emotional health of each spouse
• What each spouse brought into the marriage, and their current finances
• Any written agreement between the spouses about property
• The custodial parent’s need to stay in the family home
• Expected future medical or education costs for a spouse or child

Mediation and Other Ways to Settle

Many couples settle without a trial. In fact, you can try mediation before you even file. The court’s guide notes that this route is usually faster, less expensive and more private than court.

After you file, you still have options:

1. Custody and parenting time mediation. The court may require it to resolve child-related issues.
2. Early Settlement Panel. A panel of experienced divorce attorneys reviews your case and suggests a fair settlement.
3. Economic mediation. If you cannot agree on money issues, the court may refer you to a mediator.
4. Arbitration. A private arbitrator decides the outcome, and both sides agree in advance to follow the decision.

Divorce Process in NJ: Questions People Ask

Work With Pegeen Williams, Esq.

Pegeen Williams, Esq. is a partner at Townsend, Tomaio, Newmark & Clancy, LLC in Whippany, where her practice is devoted to family law. She represents clients in contested and uncontested matters, including divorce, custody and parenting time, alimony and child support, domestic violence and prenuptial agreements.

A collaboratively trained attorney and mediator, Pegeen has practiced in New Jersey since 2006. She is also listed on the NJ Courts rosters of parenting coordinators and of mediators for the economic aspects of family law cases. To talk through your options, visit her profile to call, email or request an introduction.

Life after a divorce can raise other questions, too. For example, a financial advisor such as John O’Hara can help you think through budgeting and long-term goals. To meet other attorneys in the group, including elder law attorney Frank R. Campisano, Esq., visit our Legal Services page or browse the full member directory.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every family’s situation is different, so speak with a licensed New Jersey family law attorney about your case.