How to File for Divorce in New Jersey

A Plain-Language Guide for Self-Represented Persons

What This Document Does

This guide helps you file for divorce in New Jersey when you and your spouse have irreconcilable differences — meaning you don't get along anymore and there's no chance of fixing the marriage. It walks you through filling out the court forms, filing them, and what happens next.

This is not legal advice. If your situation is complicated (disagreements about children, property, or money), consider talking to a lawyer.

When to Use This Guide

Use this guide if:

• You or your spouse have lived in New Jersey for at least 1 year
• You and your spouse have had problems for at least 6 months
• You believe the marriage is completely broken and cannot be saved
• You want to end your marriage legally

Do NOT use this guide if:

• You've been married less than 6 months and are having temporary problems
• You're not sure you want a divorce (consider marriage counseling first)
• There is domestic violence (contact a domestic violence advocate instead)

Before You Start

Gather this information:

Know these deadlines:

• You must have lived in New Jersey for 1 year before filing
• Your irreconcilable differences must have existed for 6 months
• Your spouse has 35 days to respond after being served

Step-by-Step Instructions

Step 1: Get Your Forms

You can get divorce forms from:

1. Online: njcourts.gov/forms (search "divorce")
2. At the courthouse: Go to the Family Part Clerk's Office
3. From this packet: Use the court document template provided

Forms you need:

Step 2: Fill Out the Complaint

On the first page:

1. Write the name of your county (example: "Essex," "Bergen," "Middlesex")
2. Write your full legal name as "Plaintiff"
3. Write your spouse's full legal name as "Defendant"
4. Leave the docket number blank — the court will assign this

Section I (Parties and Jurisdiction):

• Write your full name and current address
• Write how long you've lived in New Jersey (must be 1+ years)
• Write your spouse's name and address (if known)

Section II (Children):

• If NO children: Check the first box and skip to Section III
• If YES children: List each child's name, date of birth, and age
• Write where the children currently live

Section III (Grounds for Divorce):

• This is pre-filled for "irreconcilable differences"
• You just need to confirm:
• Problems existed for 6+ months
• Marriage is broken
• No chance of getting back together

Section IV (Property):

• Check the boxes for what you and your spouse own
• Check the boxes for debts you share
• If you already have an agreement, note that

Section V (Alimony):

• Check one box based on what you want
• If unsure, check "reserved for later"

Section VI (Custody — only if you have children):

• Check the box that matches what you want
• If you have a parenting plan, attach it

Section VII (Name Change):

• Check if you want your old name back
• Write the exact name you want to restore

Sign and date at the bottom of the Verification page.

Step 3: Complete the Other Forms

Certification of Insurance:

• Fill in your health insurance information
• If you don't have insurance, state that

Certification of Non-Collusion:

• This is your promise that:
• The divorce is real
• You're not making things up
• You're not working with your spouse to trick the court

Case Information Statement (CIS):

• Required if your case is contested or involves money/property
• Lists all your income, expenses, assets, and debts
• Get help from the Family Part Clerk if needed

Step 4: Make Copies

Make 3 copies of everything:

1. Original — for the court
2. Copy — for your spouse (to be served)
3. Copy — for your records

Step 5: File with the Court

Where to go:

Go to the Superior Court, Chancery Division, Family Part in your county.

What to bring:

• Original forms (all pages, signed)
• 2 copies
• Filing fee (approximately $300 — call ahead to confirm)
• Photo ID

What happens:

1. The clerk reviews your papers
2. You pay the filing fee (cash, money order, or credit card)
3. The clerk stamps your copies and gives you a docket number
4. Keep your stamped copy — this is your proof of filing

Step 6: Serve Your Spouse

You cannot serve the papers yourself.

Your spouse must receive the divorce papers officially. Options:

After service:

• Keep the proof (green card from certified mail OR affidavit from server)
• File the proof with the court

Step 7: Wait for Response

Your spouse has 35 days to respond after being served.

What might happen:

Step 8: Attend Court Hearings

Case Management Conference:

• Usually scheduled within 30-60 days
• Judge checks on the status of the case
• May order mediation if there are disputes

Final Hearing:

• If uncontested: brief hearing, judge signs divorce decree
• If contested: trial may be needed to decide issues

At the hearing:

• Dress neatly (business casual)
• Arrive early
• Bring all your documents
• Be respectful to the judge

What to Bring to Court

• [ ] Your filed copy of the Complaint (stamped by court)
• [ ] Proof that spouse was served
• [ ] Marriage certificate
• [ ] Financial documents (pay stubs, bank statements)
• [ ] Any agreements you've made with your spouse
• [ ] Photo ID
• [ ] This guide for reference

What to Expect

Timeline:

Costs (approximate):

Where to Get Help

Free Legal Help:

Low-Cost Legal Help:

Domestic Violence Resources:

Common Questions

Q: Do I need a lawyer?

A: No, you can file on your own. But if you have children, significant property, or your spouse contests the divorce, a lawyer is recommended.

Q: What if I don't know where my spouse is?

A: You can still get divorced. Ask the court about "service by publication" in a newspaper.

Q: Can we use the same lawyer?

A: No. One lawyer cannot represent both spouses in a divorce.

Q: What if my spouse refuses to sign?

A: Your spouse doesn't have to agree. If they don't respond in 35 days, you can get a default judgment.

Q: How long until I'm officially divorced?

A: Uncontested divorces typically take 2-4 months. Contested cases can take a year or more.

Q: Can I change my name back?

A: Yes. Request this in your divorce complaint. There's no extra fee.

Important Reminders

• Be honest. False statements can result in criminal charges.
• Keep copies of everything. You may need them later.
• Don't hide assets. The court will find out and you could lose them.
• Follow court orders. Ignoring them can lead to contempt charges.
• Stay calm. Divorce is stressful. Take care of yourself.

Disclaimer

This guide provides general information about divorce in New Jersey. It is not legal advice and does not create an attorney-client relationship. Laws change, and every situation is different. If you have questions about your specific circumstances, please consult with a licensed attorney in New Jersey.

Court rules, fees, and procedures may vary by county. Always verify current requirements with your local Family Part Clerk's Office before filing.

Document Version: NJ-DIV-GUIDE-2026-01

Last Updated: March 2026

Jurisdiction: State of New Jersey