Important Notice: This page is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm. For free legal assistance, contact South Jersey Legal Services — 856-964-2010 or Legal Aid Society of Northeast NJ — 973-624-4500.
New Jersey divorce law is governed by the New Jersey Divorce Act (N.J.S.A. 2A:34-1 et seq.). New Jersey is an equitable distribution state — marital property is divided fairly, not necessarily equally, based on the factors in N.J.S.A. 2A:34-23.1. New Jersey courts favor resolving divorce matters by agreement (Matrimonial Settlement Agreement) over contested litigation.
An uncontested divorce — where both spouses agree on all issues including property, debt, custody, and support — is typically the fastest and least expensive path. The process can often be completed within 3–6 months from filing to Final Judgment. Contested divorces involving disputed assets or custody arrangements take considerably longer.
Grounds for Divorce in New Jersey
Under N.J.S.A. 2A:34-2. Irreconcilable differences is used in the vast majority of cases.
Irreconcilable Differences (Most Common)
New Jersey allows divorce on the ground of irreconcilable differences under N.J.S.A. 2A:34-2(i). This is a true no-fault ground: you do not need to prove fault, and there is no separation period required. You simply allege that irreconcilable differences have existed for at least 6 months and there is no reasonable prospect of reconciliation. This is the ground used in the overwhelming majority of New Jersey divorces.
18-Month Separation
Under N.J.S.A. 2A:34-2(d), you may file for divorce after living separately and apart for 18 or more consecutive months. This ground requires demonstrating the length of separation. It is less commonly used since irreconcilable differences (requiring only 6 months) became available. Spouses can live separately under the same roof if they can demonstrate the marriage has effectively ended.
Extreme Cruelty
N.J.S.A. 2A:34-2(c) allows divorce based on extreme cruelty — physical or mental cruelty that makes it unreasonable to continue the marriage. There is a 3-month waiting period after the last act of cruelty before filing. This is a fault-based ground and may affect equitable distribution and alimony arguments, though New Jersey courts give it limited weight in financial matters.
Adultery
Adultery (N.J.S.A. 2A:34-2(a)) requires proving that your spouse engaged in voluntary sexual intercourse with someone else during the marriage. As a fault ground, adultery can influence alimony awards and may affect some equitable distribution arguments. The residency exception (below) does not apply — if adultery occurred in New Jersey, there is no residency requirement.
Desertion, Addiction, Institutionalization, Imprisonment
New Jersey recognizes additional fault-based grounds: willful desertion for 12+ months (§ 2A:34-2(b)); habitual drunkenness or addiction for 12+ months (§ 2A:34-2(f)); institutionalization for mental illness for 24+ consecutive months (§ 2A:34-2(f)); and imprisonment for 18+ consecutive months after marriage (§ 2A:34-2(g)). These grounds are rarely used when no-fault irreconcilable differences is available.
Equitable Distribution in New Jersey
New Jersey divides marital property based on “equitable distribution” — not a 50/50 split, but a fair division based on the circumstances. The court considers these factors under N.J.S.A. 2A:34-23.1:
How to File for Divorce in New Jersey
Confirm Residency Requirements
At least one spouse must have been a bona fide resident of New Jersey for at least one year before filing for divorce, unless the grounds include adultery that occurred in New Jersey. N.J.S.A. 2A:34-10. Residency means living in New Jersey with the intent to remain — a temporary stay does not qualify. File in the county where either spouse currently resides.
Prepare the Divorce Complaint
The Divorce Complaint (Form A) is filed in the Superior Court of New Jersey, Chancery Division, Family Part, in the county of residence. The Complaint must state the ground for divorce (typically "irreconcilable differences" under N.J.S.A. 2A:34-2(i)), the residency basis, and the relief requested (equitable distribution, alimony, custody, support if applicable). In uncontested cases, both parties sign, eliminating the need for service and a waiting period for response.
Complete the Case Information Statement (CIS)
New Jersey requires both parties to submit a Case Information Statement (CIS) — a detailed financial disclosure listing all income, expenses, assets, and liabilities. The CIS is required in all cases involving alimony, equitable distribution, or child support. Even in uncontested divorces, both parties must file the CIS before the court will enter a final decree. Courts use the CIS to ensure the settlement agreement is fair and complete.
Draft the Matrimonial Settlement Agreement
The Matrimonial Settlement Agreement (MSA) is the binding contract that resolves all issues in your divorce: property division, debt allocation, spousal support (alimony), and — if you have children — legal custody, physical custody, parenting time, and child support calculated under the NJ Child Support Guidelines. The MSA must be in writing, signed by both parties, and may be notarized depending on county practice. It becomes part of the Final Judgment of Divorce.
File and Serve the Complaint
File the Complaint, CIS, and all supporting documents with the Family Part clerk in your county. The filing fee is approximately $300 in most New Jersey counties (check with your specific county courthouse for the current amount). In a true uncontested divorce where both spouses sign the Complaint jointly, personal service is not required. If only the plaintiff signs, the defendant must be formally served and has 35 days to respond.
Attend the Uncontested Divorce Hearing (or Submit by Mail)
Many New Jersey counties process uncontested divorces on the papers — no court appearance required — if all documents are in order and both parties have signed. Other counties require a brief hearing before a judge or a Family Court hearing officer. At the hearing, you will confirm the facts of the Complaint and the terms of the settlement. The judge will review the MSA for fairness and enter the Final Judgment of Divorce (FJOD). The FJOD is your legal divorce decree.
Related Resources
New Jersey Specific
New Jersey Uncontested Divorce Package
Complete divorce document package for New Jersey Superior Court. Includes the Divorce Complaint, Case Information Statement, Matrimonial Settlement Agreement, Parenting Plan (if applicable), and county-specific filing instructions for all 21 New Jersey counties.
Get the Divorce Package — $597Disclaimer: This page is for informational purposes only and does not constitute legal advice. Jurist-Diction is not a law firm and does not provide legal representation. For free legal assistance in New Jersey, contact South Jersey Legal Services — 856-964-2010 or Legal Aid Society of Northeast NJ — 973-624-4500.