New Jersey Divorce Laws and Forms (2026)

Where and how to file in New Jersey

Who can file (residency): One spouse must have been a real (bona fide) New Jersey resident for the 1 year before you file. The only exception is a divorce based on adultery, where residency at the time of the adultery and since then is enough.
Waiting period: There is no set waiting period after filing. But each ground has its own time rule: irreconcilable differences must have lasted at least 6 months; the separation ground needs 18 months living apart; for extreme cruelty you must wait 3 months after the last act before filing.
Court: Superior Court of New Jersey, Chancery Division, Family Part, in the county where you last lived together (or where your spouse lives if you left NJ)
Official forms: Divorce forms (New Jersey courts)
Court self-help: Divorce self-help (New Jersey courts)
Filing fee: $300 to file the complaint; $175 for the defendant's answer or appearance; plus $25 parenting workshop fee if you have minor children (NJ Courts).
If you can't afford the fee: If your income is low you can ask for a fee waiver: https://www.njcourts.gov/self-help/fee-waiver
Simpler process for agreed cases: Uncontested divorce: mark the complaint uncontested; your spouse files an Appearance saying they don't contest; you file a signed, notarized Property Settlement Agreement. Same forms and fees apply; usually much faster.
E-filing: Yes. Self-represented people can file online through JEDS (Judiciary Electronic Document Submission): https://www.njcourts.gov/self-help/jeds
Law: N.J.S.A. 2A:34-10 · N.J.S.A. 2A:34-2

Divorce in New Jersey, step by step

Check that you can file in New Jersey
One spouse must have been a real (bona fide) New Jersey resident for the 1 year before you file.
Get the official forms
Use the court's official divorce forms: Divorce forms (New Jersey courts) Uncontested divorce: mark the complaint uncontested; your spouse files an Appearance saying they don't contest; you file a signed, notarized Property Settlement Agreement.
File the papers and pay the fee, or ask for a waiver
File with the Superior Court of New Jersey, Chancery Division, Family Part, in the county where you last lived together (or where your spouse lives if you left NJ). Filing fee: $300 to file the complaint; $175 for the defendant's answer or appearance; plus $25 parenting workshop fee if you have minor children (NJ Courts). Can't afford it? If your income is low you can ask for a fee waiver: https://www.njcourts.gov/self-help/fee-waiver.
Serve your spouse
You must serve your spouse within 60 days of filing, by the county sheriff's officer or a private process server (then file an Acknowledgment of Service with the receipt).
Your spouse responds
The summons states the deadline. If your spouse doesn't respond in time, you can usually ask for a default judgment.
Wait out the waiting period
There is no set waiting period after filing.
Agree, or go to mediation or a hearing
Common. If you agree on everything, you can usually submit a signed agreement. If not, the judge decides the issues you can't settle.
Get the final decree
The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it. Name change: Yes. When granting the divorce (or later) the court may let either spouse go back to any name used before the marriage, or take any surname.

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Grounds for divorce in New Jersey

No-fault ground: irreconcilable differences (lasting at least 6 months) or 18 months' separation
Fault grounds: Also allowed
Law: N.J.S.A. 2A:34-2 (adultery, desertion 12 months, extreme cruelty, separation 18 months, addiction, institutionalization 24 months, imprisonment 18 months, deviant sexual conduct, irreconcilable differences)

Property and debts in New Jersey

System: Equitable distribution
The rule: The court divides marital property fairly (equitable distribution), weighing factors such as length of marriage, age and health, income and earning capacity, contributions, and any written agreement.
Law: N.J.S.A. 2A:34-23.1

Alimony (spousal support) in New Jersey

The court can award open durational, limited duration, rehabilitative or reimbursement alimony after making findings on the statutory factors. For a marriage under 20 years, total alimony normally can't last longer than the marriage, except in exceptional circumstances. No formula. N.J.S.A. 2A:34-23.

Children: custody and support in New Jersey

What New Jersey calls custody: custody and parenting time
Parenting class: Required if you have minor children: a parent education workshop ($25 fee), unless there is a restraining order between you or you file a signed property settlement agreement with your first papers (NJ Courts divorce page).
Child support agency: New Jersey Child Support Program

Serving your spouse in New Jersey

How your spouse gets the papers: You must serve your spouse within 60 days of filing, by the county sheriff's officer or a private process server (then file an Acknowledgment of Service with the receipt).
Law: NJ Courts, Filing the Divorce Complaint

Going back to a former name in New Jersey

Yes. When granting the divorce (or later) the court may let either spouse go back to any name used before the marriage, or take any surname. N.J.S.A. 2A:34-21.

Mediation in New Jersey

Common. The court may require custody and parenting time mediation; financial issues go to a Matrimonial Early Settlement Panel and may be referred to economic mediation. Mediation is not required if there is a restraining order.

Free help in New Jersey

Good to know in New Jersey

New Jersey still allows fault grounds, including adultery, desertion and extreme cruelty. (N.J.S.A. 2A:34-2)
For marriages under 20 years, alimony generally can't last longer than the marriage. (N.J.S.A. 2A:34-23(c))
You must serve your spouse within 60 days of filing. (NJ Courts divorce page)

Divorce checklist for New Jersey

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Questions about divorce in New Jersey

How long do you have to live in New Jersey to file for divorce?

One spouse must have been a real (bona fide) New Jersey resident for the 1 year before you file. The only exception is a divorce based on adultery, where residency at the time of the adultery and since then is enough.

How long does a divorce take in New Jersey?

There is no set waiting period after filing. But each ground has its own time rule: irreconcilable differences must have lasted at least 6 months; the separation ground needs 18 months living apart; for extreme cruelty you must wait 3 months after the last act before filing.

What are the grounds for divorce in New Jersey?

New Jersey's no-fault ground is irreconcilable differences (lasting at least 6 months) or 18 months' separation. Fault grounds are also allowed.

Is New Jersey a community property state?

No. New Jersey uses equitable distribution. The court divides marital property fairly (equitable distribution), weighing factors such as length of marriage, age and health, income and earning capacity, contributions, and any written agreement.

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

$300 to file the complaint; $175 for the defendant's answer or appearance; plus $25 parenting workshop fee if you have minor children (NJ Courts).

Can I get the divorce filing fee waived in New Jersey?

If your income is low you can ask for a fee waiver: https://www.njcourts.gov/self-help/fee-waiver

Is there a simpler divorce process in New Jersey?

Uncontested divorce: mark the complaint uncontested; your spouse files an Appearance saying they don't contest; you file a signed, notarized Property Settlement Agreement. Same forms and fees apply; usually much faster.

Can I change my name back in a divorce in New Jersey?

Yes. When granting the divorce (or later) the court may let either spouse go back to any name used before the marriage, or take any surname. N.J.S.A. 2A:34-21.

Is mediation required in a divorce in New Jersey?

Common. The court may require custody and parenting time mediation; financial issues go to a Matrimonial Early Settlement Panel and may be referred to economic mediation. Mediation is not required if there is a restraining order.

Do divorcing parents have to take a class in New Jersey?

Required if you have minor children: a parent education workshop ($25 fee), unless there is a restraining order between you or you file a signed property settlement agreement with your first papers (NJ Courts divorce page).

How does alimony work in New Jersey?

The court can award open durational, limited duration, rehabilitative or reimbursement alimony after making findings on the statutory factors. For a marriage under 20 years, total alimony normally can't last longer than the marriage, except in exceptional circumstances. No formula. N.J.S.A. 2A:34-23.

Sources

Last checked: Oct 24, 2026.

New Jersey divorce laws

Where and how to file in New Jersey

Divorce in New Jersey, step by step

Check that you can file in New Jersey

Get the official forms

File the papers and pay the fee, or ask for a waiver

Serve your spouse

Your spouse responds

Wait out the waiting period

Agree, or go to mediation or a hearing

Get the final decree