title: "New Jersey Divorce - LSC-Grade Legal Packet"
state: "NJ"
category: "Divorce"
date: "2026-03-19"
price: "$97"
lsc_grade: true
New Jersey Divorce Filing Packet
Ending Your Marriage in the Garden State
State: New Jersey
Packet Version: 1.0 | March 2026
Court Type: Superior Court, Chancery Division, Family Part
This packet is for informational purposes only and does not constitute legal advice. For legal advice, contact a licensed New Jersey attorney or legal aid organization.
1. Eligibility Checker — Can You File for Divorce in New Jersey?
Answer these questions to see if you qualify:
Residency Requirements (N.J.S.A. 2A:34-10)
- [ ] Have you OR your spouse lived in New Jersey for at least 1 year before filing?
- [ ] Are you filing in the county where you live?
If you checked both boxes above, you meet the residency requirement.
Grounds Requirements (N.J.S.A. 2A:34-2)
- [ ] Do you have grounds for divorce under New Jersey law? (See list below)
If you checked all boxes, you likely qualify to file for divorce in New Jersey.
Grounds for Divorce in New Jersey
| Ground | What It Means | Time Requirement |
|---|---|---|
| Irreconcilable Differences | Your marriage has broken down and there's no reasonable prospect of reconciliation | Must have existed for 6+ months |
| Separation | You and your spouse have lived apart in different homes | 18+ consecutive months |
| Extreme Cruelty | Physical or mental cruelty that endangers your safety or health | File 3+ months after last incident |
| Adultery | Your spouse had sexual relations with someone else | No waiting period |
| Desertion | Your spouse left without good reason | 12+ consecutive months |
| Habitual Drunkenness | Ongoing alcohol abuse | 12+ consecutive months |
| Drug Addiction | Addiction to narcotic drugs | 12+ consecutive months |
| Institutionalization | Spouse confined for mental illness | 24+ consecutive months |
| Imprisonment | Spouse incarcerated | 18+ consecutive months |
| Deviant Sexual Conduct | Non-consensual deviant sexual conduct | No waiting period |
Most Common Choice: Irreconcilable differences is the most common and easiest ground. You don't have to prove fault — just that the marriage has broken down for at least 6 months.
2. Required Forms and Documents
Forms You Will Need
| Form Name | Purpose | Where to Obtain |
|---|---|---|
| Complaint for Divorce | Starts the divorce case | County Clerk's office or njcourts.gov |
| Summons | Notifies your spouse of the lawsuit | Clerk's office |
| Confidential Litigant Information Sheet | Required personal information | njcourts.gov |
| Certification of Insurance Coverage | Lists all insurance policies | njcourts.gov |
| Case Information Statement | Financial disclosure (required if custody, support, or alimony disputed) | njcourts.gov |
| Property Settlement Agreement | Sets out division of property, debts, support | Draft yourself or use template |
| Parenting Plan | Required if you have minor children | njcourts.gov |
| Child Support Guidelines Worksheet | Calculates child support | Online calculator or clerk's office |
| Final Judgment of Divorce | Judge signs to grant divorce | Prepare for judge's signature |
Documents to Gather
- [ ] Marriage certificate
- [ ] Birth certificates of children (if any)
- [ ] Social Security numbers for you, your spouse, and children
- [ ] Proof of income (pay stubs, tax returns, W-2s) for past 3 years
- [ ] Bank statements for all accounts
- [ ] Retirement account statements (401k, IRA, pension)
- [ ] Real estate deeds and mortgage statements
- [ ] Vehicle titles and registrations
- [ ] Credit card statements
- [ ] Loan documents
- [ ] Insurance policies (health, life, auto, homeowners)
- [ ] Proof of residency (driver's license, utility bill)
Where to Get Forms
- New Jersey Courts Self-Help Center: https://www.njcourts.gov/self-help
- Your County Superior Court Clerk's office (in person)
- Legal Services of New Jersey: https://www.lsnjlaw.org
3. Step-by-Step Filing Instructions
Step 1: Determine Your Grounds
- Review the grounds listed in Section 1
- Choose the ground that fits your situation
- Irreconcilable differences is recommended if you want to avoid proving fault
- For separation grounds, document that you've lived apart for 18+ months
Step 2: Prepare Your Documents
- Complete the Complaint for Divorce
- Include your grounds for divorce
- List all minor children
- State what you're asking for (property division, custody, support)
- Complete the Confidential Litigant Information Sheet
- Required for all family cases
- Include Social Security numbers
- Complete the Certification of Insurance Coverage
- List all health, dental, and vision insurance
- If you have children:
- Complete the Parenting Plan
- Complete the Child Support Worksheet
- If contested (spouse disagrees):
- Complete the Case Information Statement (detailed financial form)
Step 3: File Your Documents
- Take all documents to the Superior Court, Chancery Division, Family Part in your county
- Pay the filing fee (typically $250-$300)
- The clerk will stamp your documents and assign a docket number
- You will receive copies for service
Step 4: Serve Your Spouse
- Have the sheriff or a private process server deliver the papers to your spouse
- Service must be done within 10 days of filing the Complaint
- Your spouse has 35 days to file an Answer
- If your spouse signs an Acceptance of Service, you can mail the papers
Step 5: Attend Parent Education Program (If Children)
- Both parents must attend a parent education program
- Required under court rules
- Programs available in-person and online
- Cost: Typically $25-$50
- Complete before the final hearing
Step 6: Financial Discovery (If Contested)
If your divorce is contested, you may need to:
- Exchange financial documents with your spouse
- Answer interrogatories (written questions)
- Attend depositions
- Hire experts (accountants, appraisers)
Step 7: Settlement Conference or Mediation
- Court may require mediation for custody issues
- Settlement conference may be scheduled to resolve disputes
- Try to reach agreement on all issues before trial
Step 8: Final Hearing
- Uncontested: Short hearing, judge reviews agreement and grants divorce
- Contested: Trial where judge decides unresolved issues
- Bring all original documents
- Judge signs the Final Judgment of Divorce
4. Exact Court Information — Family Part by County
In New Jersey, divorce cases are heard in Superior Court, Chancery Division, Family Part for the county where you live.
Essex County (Newark)
Essex County Superior Court, Family Part
- Address: 212 Washington Street, Newark, NJ 07102
- Phone: (973) 693-5725
- Hours: Monday–Friday, 8:30 AM – 4:30 PM
- Filing Fee: Approximately $300
- Fee Waiver: Available for low-income filers (ask for fee waiver application)
Hudson County (Jersey City)
Hudson County Superior Court, Family Part
- Address: 595 Newark Avenue, Jersey City, NJ 07306
- Phone: (201) 795-6600
- Hours: Monday–Friday, 8:30 AM – 4:30 PM
- Filing Fee: Approximately $275
Bergen County (Hackensack)
Bergen County Superior Court, Family Part
- Address: 10 Main Street, Hackensack, NJ 07601
- Phone: (201) 646-2300
- Hours: Monday–Friday, 8:30 AM – 4:30 PM
- Filing Fee: Approximately $275
Middlesex County (New Brunswick)
Middlesex County Superior Court, Family Part
- Address: 56 Paterson Street, New Brunswick, NJ 08901
- Phone: (732) 519-3200
- Hours: Monday–Friday, 8:30 AM – 4:30 PM
- Filing Fee: Approximately $275
Union County (Elizabeth)
Union County Superior Court, Family Part
- Address: 2 Broad Street, Elizabeth, NJ 07208
- Phone: (908) 659-4600
- Hours: Monday–Friday, 8:30 AM – 4:30 PM
- Filing Fee: Approximately $275
Passaic County (Paterson)
Passaic County Superior Court, Family Part
- Address: 77 Hamilton Street, Paterson, NJ 07505
- Phone: (973) 247-8500
- Hours: Monday–Friday, 8:30 AM – 4:30 PM
- Filing Fee: Approximately $275
Camden County (Camden)
Camden County Superior Court, Family Part
- Address: 101 South 5th Street, Camden, NJ 08103
- Phone: (856) 650-9100
- Hours: Monday–Friday, 8:30 AM – 4:30 PM
- Filing Fee: Approximately $275
Monmouth County (Freehold)
Monmouth County Superior Court, Family Part
- Address: 71 Monument Street, Freehold, NJ 07728
- Phone: (732) 677-4300
- Hours: Monday–Friday, 8:30 AM – 4:30 PM
- Filing Fee: Approximately $275
Ocean County (Toms River)
Ocean County Superior Court, Family Part
- Address: 118 Washington Street, Toms River, NJ 08754
- Phone: (732) 929-4200
- Hours: Monday–Friday, 8:30 AM – 4:30 PM
- Filing Fee: Approximately $275
Mercer County (Trenton)
Mercer County Superior Court, Family Part
- Address: 175 South Broad Street, Trenton, NJ 08650
- Phone: (609) 571-4200
- Hours: Monday–Friday, 8:30 AM – 4:30 PM
- Filing Fee: Approximately $275
Fee Waiver Information
If you cannot afford the filing fee:
- Ask the clerk for a fee waiver application
- Complete the form showing your income and expenses
- Judge will review and may waive all fees
- You may also qualify for free legal services (see Section 8)
5. Filing Checklist — Before You Go to Court
Complete this checklist before filing:
Documents to Bring
- [ ] Complaint for Divorce (original + 2 copies)
- [ ] Summons (2 copies)
- [ ] Confidential Litigant Information Sheet
- [ ] Certification of Insurance Coverage
- [ ] Property Settlement Agreement (if agreed)
- [ ] Parenting Plan (if children)
- [ ] Child Support Worksheet (if children)
- [ ] Case Information Statement (if contested)
- [ ] Filing fee or fee waiver application
- [ ] Photo ID
- [ ] Marriage certificate
- [ ] Proof of residency (driver's license, utility bill)
Information to Have Ready
- [ ] Your Social Security number
- [ ] Spouse's Social Security number
- [ ] Children's Social Security numbers and birth dates
- [ ] Date and place of marriage
- [ ] Date of separation (if applicable)
- [ ] List of all assets and debts
6. What to Bring to the Hearing
For Uncontested Divorce
- [ ] Copy of filed Complaint
- [ ] Original Property Settlement Agreement (signed and notarized)
- [ ] Original Parenting Plan (if children)
- [ ] Child Support Worksheet
- [ ] Proof of income
- [ ] Parent education completion certificate (if children)
- [ ] Final Judgment of Divorce (for judge to sign)
- [ ] Photo ID
For Contested Divorce
- [ ] All documents listed above
- [ ] Copies of all financial documents exchanged
- [ ] Witness list (if applicable)
- [ ] Exhibits organized and labeled
- [ ] Your testimony notes
7. What Happens After Filing
Timeline Overview
| Step | Typical Timeframe |
|---|---|
| File Complaint | Day 1 |
| Serve spouse | Within 10 days of filing |
| Spouse's Answer deadline | 35 days after service |
| Parent education program | Before final hearing |
| Discovery (if contested) | 2-6 months |
| Mediation/Settlement Conference | Varies |
| Final hearing (uncontested) | 2-4 months after filing |
| Final hearing (contested) | 6-18 months after filing |
Outcomes
- Uncontested Divorce: Judge approves your agreement and grants divorce
- Contested Divorce: Case goes to trial, judge decides unresolved issues
- Dismissed: If requirements not met or you reconcile
After the Divorce
- Wait for the judgment — divorce is final when judge signs
- No waiting period to remarry in New Jersey (divorce is final immediately)
- Update your name (if applicable):
- Social Security Administration
- Motor Vehicle Commission
- Banks and creditors
- Employer
- Transfer property titles as specified in the judgment
- Update beneficiaries on insurance, retirement accounts
- Close joint accounts or remove spouse's name
- Follow the parenting plan if you have children
Divorce from Bed and Board (Legal Separation)
New Jersey offers "divorce from bed and board" which is similar to legal separation:
- You remain legally married
- Property and support issues are resolved
- Can be converted to absolute divorce later
- May be an option if you have religious objections to divorce
8. Local Legal Aid Resources — New Jersey
LSC-Funded Legal Aid Organizations
Legal Services of New Jersey (LSNJ) — Statewide Coordination
Serves: All of New Jersey — coordinates free legal help for low-income residents
- Phone: (732) 572-9100
- Hotline: (888) LSNJ-LAW (576-5529)
- Website: https://www.lsnjlaw.org
- Address: 100 Metroplex Drive, Suite 402, Edison, NJ 08817
- Services: Free legal help for low-income individuals in divorce, custody, support, domestic violence, and other family matters
Northeast New Jersey Legal Services
Serves: Bergen, Hudson, Passaic, and Sussex Counties
- Phone: (201) 792-6363
- Website: https://www.nnjls.org
- Bergen Office: 175 Broadway, 2nd Floor, Fair Lawn, NJ 07410
- Hudson Office: 574 Summit Avenue, Jersey City, NJ 07306
- Passaic Office: 24 Park Avenue, 2nd Floor, Paterson, NJ 07501
- Services: Free legal help for low-income individuals in family law matters
Central Jersey Legal Services
Serves: Hunterdon, Mercer, Middlesex, Monmouth, Somerset, and Union Counties
- Phone: (732) 499-6200
- Website: https://www.cjls.org
- New Brunswick Office: 233 Albany Street, 2nd Floor, New Brunswick, NJ 08901
- Trenton Office: 198 West State Street, Trenton, NJ 08608
- Services: Free legal help for low-income individuals in family law matters
South Jersey Legal Services
Serves: Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, and Salem Counties
- Phone: (856) 963-2900
- Website: https://www.lsnj.org/south
- Camden Office: 1000 White Horse Road, Suite C-2, Voorhees, NJ 08043
- Atlantic City Office: 2101 Atlantic Avenue, Atlantic City, NJ 08401
- Services: Free legal help for low-income individuals in family law matters
Ocean-Monmouth Legal Services
Serves: Monmouth and Ocean Counties
- Phone: (732) 341-2727
- Website: https://www.oceanmonmouthlaw.org
- Toms River Office: 685 Oak Avenue, Toms River, NJ 08753
- Services: Free legal help for low-income individuals in family law matters
Essex-Newark Legal Services
Serves: Essex County
- Phone: (973) 624-1818
- Website: https://www.enlaw.org
- Address: 494 Broad Street, Newark, NJ 07102
- Services: Free legal help for low-income individuals in family law matters
Income Eligibility for Legal Aid
Most LSC-funded programs serve households with income at or below 125% of the Federal Poverty Level:
| Household Size | Annual Income Limit |
|---|---|
| 1 person | $18,225 |
| 2 people | $24,650 |
| 3 people | $31,075 |
| 4 people | $37,500 |
| Each additional person | +$6,425 |
Even if you are above these limits, call anyway — some programs have different funding sources with higher limits.
Other Resources
New Jersey State Bar Association Lawyer Referral Service
- Phone: (732) 249-5000
- Website: https://www.njsba.com
- Services: Low-cost initial consultation with a private attorney
New Jersey Courts Self-Help Center
- Website: https://www.njcourts.gov/self-help
- Services: Forms, instructions, and information
2-1-1 New Jersey
- Dial: 2-1-1
- Website: https://www.nj211.org
- Services: Connects you to local social services, counseling, and support groups
National Domestic Violence Hotline
- Phone: 1-800-799-7233
- Website: https://www.thehotline.org
- Services: 24/7 support for domestic violence victims
9. Controlling Statute Citations
New Jersey Divorce Statutes
| Topic | Statute |
|---|---|
| Grounds for Divorce | N.J.S.A. 2A:34-2 |
| Residency Requirements | N.J.S.A. 2A:34-10 |
| Jurisdiction | N.J.S.A. 2A:34-9 |
| Alimony and Maintenance | N.J.S.A. 2A:34-23 |
| Alimony Factors | N.J.S.A. 2A:34-23b through 23n |
| Equitable Distribution | N.J.S.A. 2A:34-23.1 |
| Child Custody | N.J.S.A. 9:2-4 |
| Child Support | N.J.S.A. 2A:34-23 |
| Name Change | N.J.S.A. 2A:34-21 |
| Divorce from Bed and Board | N.J.S.A. 2A:34-3 |
Key Divorce Grounds from N.J.S.A. 2A:34-2
| Ground | Citation Section |
|---|---|
| Adultery | 2A:34-2(a) |
| Desertion (12+ months) | 2A:34-2(b) |
| Extreme Cruelty | 2A:34-2(c) |
| Separation (18+ months) | 2A:34-2(d) |
| Drug Addiction/Habitual Drunkenness | 2A:34-2(e) |
| Institutionalization | 2A:34-2(f) |
| Imprisonment | 2A:34-2(g) |
| Deviant Sexual Conduct | 2A:34-2(h) |
| Irreconcilable Differences | 2A:34-2(i) |
10. Disclaimer
IMPORTANT: THIS IS NOT LEGAL ADVICE
This packet contains general information about New Jersey divorce law. It is for informational purposes only. It does not create an attorney-client relationship. It is not a substitute for advice from a licensed attorney.
Every situation is different. The information in this packet may not apply to your specific circumstances. Laws change frequently. Court rules vary by county.
If you need legal advice:
- Contact Legal Services of New Jersey at (888) 576-5529
- Contact one of the legal aid organizations listed in Section 8
- Contact the New Jersey State Bar Association Lawyer Referral Service at (732) 249-5000
- Consult with a private family law attorney
If your divorce involves:
- Significant assets or a business
- Domestic violence
- Contested custody
- Complex debt
- Hidden assets
...you should strongly consider consulting with an attorney.
Document Checklist Summary
Print this page and check off each item as you complete it:
- [ ] I have determined my grounds for divorce
- [ ] I meet the 1-year residency requirement
- [ ] I have gathered all required documents
- [ ] I have completed the Complaint for Divorce
- [ ] I have completed the Confidential Litigant Information Sheet
- [ ] I have completed the Certification of Insurance Coverage
- [ ] I have completed the Parenting Plan (if children)
- [ ] I have completed the Child Support Worksheet (if children)
- [ ] I have filed my papers with the court
- [ ] I have arranged for service on my spouse
- [ ] I have attended parent education (if required)
- [ ] I have prepared for my final hearing
- [ ] I have contacted legal aid (if I need help)
Jurist-Diction.com
The law, precisely spoken.
Attorney-drafted New Jersey divorce documents from Jurist-Diction start at $97 — court-ready templates with step-by-step instructions.
This packet was prepared using New Jersey Statutes Annotated and court information. For the most current information, consult the New Jersey Statutes Annotated and your local court.
Last Updated: March 2026