Divorce in New Jersey

The decision that you need a divorce is never an easy one, but if you've come to the problematic determination that you do need a divorce, having a better understanding of the filing process in New Jersey can help you move forward with a clearer understanding of your goals. If you are facing a divorce, one of the most helpful steps you can take is obtaining the legal advice of an experienced New Jersey divorce attorney early in the divorce process. 

The Dissolution of Your Marriage

In New Jersey, the divorce process is officially called dissolution, and either party can file as long as at least one spouse lives in the state. While your divorce will be singular to you and your divorcing spouse, the terms that must be resolved (as applicable) are no different for you than they are for any other couple, including:

• The equitable distribution of your marital assets
• Your child custody arrangements
• Child support
• Alimony or spousal support

The terms most likely to become sticking points as your divorce progresses include your child custody arrangements (and, by extension, child support) and the equitable distribution of your marital assets. Suppose you can resolve each of these terms without the intervention of the court. In that case, yours will remain an uncontested divorce, which is generally the most practical and less costly path forward.

The Grounds for Your Divorce

While most New Jersey divorces are uncontested divorce– or no-fault divorces, which are predicated on irreconcilable differences and do not require the court's intervention – fault divorces are available. If your divorce is fault-based, you'll need to prove your spouse's fault in the matter, which means your divorce will very likely proceed to court and will likely be a lengthier and more costly legal process. The grounds for divorce in New Jersey include:

• Adultery
• Desertion
• Deviant sexual behaviour
• Extreme cruelty
• Habitual drunkenness or addiction
• Imprisonment
• Institutionalization

Your No-Fault Divorce

If you do proceed with a no-fault divorce (which has a far greater chance of being an uncontested divorce), it can move in one of two ways, which include:

• If your no-fault divorce is based on separation, you and your spouse must have been living separately for at least the last 18 months.
• Your no-fault divorce can also be based on you and the other party having experienced irreconcilable differences for at least six months before filing.

The Divorce Filing Process in New Jersey

The filing process for your divorce case in the State of New Jersey will proceed according to the following steps:

• You or your divorcing spouse will begin the process by filing the divorce complaint with the court and having the other party serve with the divorce papers.
• The other party must respond with either an answer to the divorce complaint that includes any counterclaims (which can state an alternative reason for the divorce) or an appearance, which means that the other party does not object to the divorce in general (but may object to the terms proposed).
• Both of you will file separate Case information Statements (CISs) with the court, which requires both parties to disclose all the financial information relevant to your case.
• From here, you and your divorcing spouse will attempt to reach a settlement agreement, your case will proceed to an Early Settlement Panel, in the event you are unable to reach a settlement.
• Economic Mediation is next – where economic issues such as the equitable distribution of your marital assets, alimony, and child support are addressed in a mediation setting.
• The final stop before an additional court date and/or trial is an Intensive Settlement Conference, which takes place in the courthouse.
• Any terms that remain unresolved will require the court's intervention at your trial date.

Suppose you can finalize the terms of your divorce without moving forward to trial. In that case, your divorce will remain an uncontested divorce (regardless of how much legal guidance you need along the way).                               

The Legal Information You Need to Know

When it comes to a New Jersey divorce, you need to know some basic legal information.

Residency Requirements

To file for a New Jersey divorce, one party must have been a resident of the state for at least one year before filing.

Where to File

In a New Jersey divorce, the filing spouse must file in the county where the actions that support the divorce happened. For example, suppose you and your divorcing spouse lived separately for 18 months. In that case, the county where the spouse who is filing lived at the end of those 18 months is the appropriate county in which to file (even if he or she no longer lives there). If, however, one spouse claims at least 12 months of desertion (in a fault-based divorce), the appropriate county for filing is the county in which the deserted spouse lived at the end of those 12 months.

Payment of Attorney Fees

The judge has the discretion and authority to require the other party to pay your divorce attorney fees (or vice versa) – either while your divorce case is pending or when your divorce papers are finalized – following all the factors that are deemed relevant under the circumstances.

Seek the Legal Advice of an Experienced New Jersey Divorce Attorney

Your divorce will have a profound impact on both your parental and financial rights, which makes proceeding with caution and care well advised. The seasoned New Jersey divorce attorneys at Villani & DeLuca, P.C., understand the gravity of your situation and are committed to skilfully advocating for divorce terms that support your rights and that work for you and your children. For more information about what we can do to help you, please don't wait to contact or call us at 732-709-7757 to book your free legal consultation today.

Frequently Asked Questions:

How much does the average divorce cost in New Jersey?

The cost of your New Jersey divorce depends primarily on whether your divorce is contested or uncontested. Uncontested divorces are resolved by mutual consent, usually rather quickly and inexpensively. Often, uncontested divorces are the result of the divorce mediation process. Uncontested divorces can typically cost under $2,000.00, provided all aspects of the parties' divorce are agreed to before filing the divorce complaint. Contested divorces can be much more expensive than uncontested divorces. Alimony, child support and child custody can be quite contentious issues to resolve if the parties are not on the same page. A significant number of divorces start as being contested and end up being resolved amicably. Less than a few percent of all divorce cases end up in trial. On average, a divorce that starts contested and eventually resolves itself my mutual agreement will cost somewhere less than $10,000 from start to finish.

How much does a divorce cost if both parties agree?

If both parties agree to all terms of the divorce, it is quite possible that the total costs for the divorce could be less than a few thousand dollars. When the parties agree on all issues, the divorce lawyers will simply need to memorialize the party's agreement in a formal document called a property settlement agreement or a marital settlement agreement. Once that agreement has been signed, the parties then need to process the divorce. The processing of the divorce consists of both the filing of the complaint and the response to the complaint. Immediately after that, the divorce can be finalized. A divorce wherein both parties agree can be accomplished from start to finish in approximately thirty days.

How long do you have to be separated before divorce?

In New Jersey, there is no requirement for any period of separation before filing a divorce complaint. New Jersey is a no-fault divorce state. In New Jersey, a couple can get divorced based on the grounds of irreconcilable differences, which means the parties no longer get along. You and your spouse do not have to live apart before filing for divorce. In a no-fault divorce, there is no need to assert that your spouse did something wrong. To file for divorce in New Jersey, you or your spouse must have resided in New Jersey for at least a year before filing the divorce complaint.

How can I get a quick divorce in New Jersey?

To obtain a quick divorce in New Jersey, you need to do a couple of things. The first of which is the confirm your agreements with your soon to be -ex-spouse in writing. The document that memorializes your agreement is called a martial settlement agreement or a property settlement agreement. An experienced lawyer can assist you in preparing the agreement. The attorney can draft the agreement in a few hours. Once the agreement is signed, the next step is to file a divorce complaint, and related affidavits which are prepared and filed with the court. Again, the documentation required to file for the divorce takes about an hour or so to prepare.

Additionally, a proposed final judgment of divorce will need to be prepared on your behalf. The final step in the process is scheduling the matter for an uncontested hearing. The entire process can be accomplished in as little as thirty (30) days.

What are the divorce steps?

The first step in the divorce process is deciding to get divorced. Once that is done, the next step is to retain a divorce lawyer to assist you in navigating your way through the process. Once the lawyer is retained, they will file the complaint seeking a divorce on your behalf. The complaint will set forth the reasons for the divorce and what you are looking to get out of the divorce. Once you file a complaint, it will need to be served on your spouse. Once served, your spouse will then file a response to the complaint. Subsequently, the case will be listed for a case management conference with the Judge, who will subsequently issue a case management order. The case management order is a scheduling order that sets time frames to accomplish certain things, such as obtaining an appraisal of the marital home. After that takes place, the case will be scheduled for mandatory mediation. If no settlement is reached, the case will eventually be set for trial.

How much does it cost to file for divorce in New Jersey?

In New Jersey, there is a required fee to file for divorce. It costs $325 to file a complaint if you have children, and it costs $300 to file if you do not have any children. Typically, these fees will be paid out of the retainer monies you pay to your lawyer at the onset of the divorce proceeding. The courts also charge fees each time you file paperwork with the court. You may also incur some fees in retaining a process server to serve your spouse with the divorce complaint.

What is the wife entitled to in divorce in New Jersey? 

New Jersey divorce laws are gender neutral. The law applies equally to both the husband and the wife. If the husband earns more money than the wife and the children will reside with the wife primarily after the divorce, there is a strong probability that the wife would be entitled to both alimony and child support in those circumstances. Most divorces involve three main legal concepts, those concepts being 1) the child-related issues – such as child custody and child support, 2) alimony- the determination of whether it is required for one spouse to provide financial support to the spouse who makes less money, or maybe no money, 3) the equitable distribution of the marital assets accumulated during the marriage- the marital home, investment accounts, retirement accounts are all subject to being divided during a divorce proceeding.

 Is New Jersey a 50/50 divorce state?

No, in New Jersey, the division of marital assets is determined by utilizing the state's Equitable Distribution laws. New Jersey is an Equitable Distribution State.  Equitable distribution is defined as the division of marital property in a fair manner but not necessarily equal. In making such determinations the courts rely on various statutory factors such as the duration of the marriage, the age, physical and emotional health of the parties, the income or property both brought to the marriage, the standard of living enjoyed during the marriage, the income and earning capacity of each party, as well as other factors which the court may deem relevant. The longer you are married, the greater the likelihood that the eventual distribution of the marital assets will be close to 50/50 types of an arrangement.

Who gets the house in a divorce in New Jersey?

Many factors can determine who gets the house in a New Jersey divorce. The residential custody arrangements for the children could impact such a determination. Whether the parties can agree on the value of the home could impact that determination. Whether one of the spouses can better afford the home and buy out the other parties' interests can also impact who gets the house. Often if the parties cannot agree on the house's value or who should get the house, the court will order the house to be sold. Suppose the house was purchased during the marriage. In that case, there is a strong likelihood that each spouse is entitled to receive 50% of the equity in the home at the time of the divorce.

How long does it take for a person to get served with divorce papers?

Divorce papers can be served relatively quickly after the filing of the complaint with the court. Typically, your divorce attorney will hire a process server to deliver the divorce-related documents to your spouse personally. Most process servers can effectuate the service of the complaint within a few days. Service of the papers means that the papers have been formally given to the defendant. Once served with the complaint, the defendant has 35 days within which to file a response.

What are the grounds for divorce in New Jersey?

New Jersey law provides multiple grounds for divorce under N.J.S.A. 2A:34-2. Fault-based grounds include adultery, extreme cruelty (physical or mental), and willful desertion for 12 or more months. No-fault grounds include separation — where the spouses have lived apart for at least 18 consecutive months with no reasonable prospect of reconciliation — and irreconcilable differences, which requires only that the marriage has broken down for at least six months. As of 2026, irreconcilable differences remains the most commonly cited ground in New Jersey, as it allows both parties to end the marriage without assigning blame or airing personal details in a public court record.

What is the difference between a fault and no-fault divorce?

A fault-based divorce requires one spouse to prove specific wrongdoing by the other — such as adultery or extreme cruelty — and may involve contested hearings where evidence is presented. A no-fault divorce, most commonly filed on irreconcilable differences under N.J.S.A. 2A:34-2(i), requires only that one spouse assert the marriage has irretrievably broken down for at least six months with no prospect of reconciliation. As of 2026, New Jersey courts strongly favor no-fault proceedings because they are less adversarial, move more efficiently through the docket, and tend to reduce conflict — which is especially important when children are involved. However, the choice of grounds can still have strategic implications for related issues like alimony and equitable distribution.

How long do I have to be separated before I can file for divorce in New Jersey?

If you are filing on the grounds of separation under N.J.S.A. 2A:34-2(d), you and your spouse must have lived separately in different residences for at least 18 consecutive months, with no reasonable prospect of reconciliation. After 18 months, the law presumes there is no prospect of reconciliation. However, you do not need to wait 18 months if you are filing on other grounds. Irreconcilable differences under N.J.S.A. 2A:34-2(i) requires only a six-month breakdown of the marriage — making it the faster and more commonly used route. As of 2026, there is no mandatory waiting period for no-fault divorce in New Jersey beyond satisfying the six-month breakdown requirement.

Can my spouse contest the grounds for divorce?

It depends on the grounds. If you file on irreconcilable differences, your spouse cannot effectively contest the grounds — New Jersey courts consistently hold that one spouse's assertion of an irretrievable breakdown is sufficient, and the court will not compel a couple to remain married against one party's wishes. If you file on fault-based grounds such as extreme cruelty or desertion, your spouse can contest those allegations and the court may schedule a hearing where evidence must be presented. As of 2026, New Jersey courts continue to discourage contested-grounds proceedings where no-fault options are available, and judges may encourage parties to consider an irreconcilable differences filing to avoid unnecessary litigation costs and delays.

Does the reason for my divorce affect alimony or property division?

In most cases, the grounds cited for divorce do not directly determine alimony or property division — New Jersey courts apply a separate set of statutory factors for each of those issues. However, fault is not entirely irrelevant. Economic misconduct — such as one spouse dissipating marital assets through gambling, wasteful spending, or concealing finances — can be raised during equitable distribution proceedings under N.J.S.A. 2A:34-23.1. In 2026, New Jersey courts continue to distinguish between emotional fault (which typically does not affect financial outcomes) and financial fault (which can). If you believe your spouse engaged in financial misconduct during the marriage, documenting that conduct carefully with the help of an attorney can be important to protecting your share of the marital estate.

When can you file for divorce after marriage?

You can file for divorce as soon as you want after your marriage. There is no requirement that you must wait a specific period. If you want to proceed by way of irreconcilable differences, you will need to wait six months. Suppose you are married for a very short period. In that case, you may also want to consider the potential for obtaining an annulment.