How do I file for divorce in New Jersey?

Q: How do I file for divorce in New Jersey?

New Jersey divorce is governed by N.J.S.A. 2A:34-1 et seq. 1. Residency Requirements — At least one spouse must have been a New Jersey resident for 1 year, except for adultery cases, which require no residency period. 2. No-Fault Grounds — (a) Irreconcilable differences for at least 6 months, or (b) Separation for at least 18 consecutive months with no reasonable prospect of reconciliation. 3. Fault Grounds — Adultery, desertion (12+ months), extreme cruelty (3+ months waiting), addiction (12+ months), institutionalization for mental illness (24+ months), imprisonment (18+ months), and deviant sexual conduct. 4. Required Forms — Complaint for Divorce, Family Part Case Information Statement (CIS), Confidential Litigant Information Sheet, and certifications regarding insurance, dispute resolution alternatives, and notification of complementary procedures. 5. Filing Fee — Approximately $300 plus $25 parent education fee if children involved. Fee waivers available. 6. Service of Process — Personal service, certified/regular mail, or acknowledgment of service. Respondent has 35 days to answer. 7. Property Division — New Jersey is an equitable distribution state. Marital property is divided fairly — not necessarily equally — based on 16 statutory factors including duration, age, and contributions. 8. Final Judgment — A Final Judgment of Divorce entered by the Family Part of Superior Court ends the marriage. This is legal information, not legal advice.

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Accepted Answer

New Jersey divorce is governed by N.J.S.A. 2A:34-1 et seq.

1. Residency Requirements — At least one spouse must have been a New Jersey resident for 1 year, except for adultery cases, which require no residency period.

2. No-Fault Grounds — (a) Irreconcilable differences for at least 6 months, or (b) Separation for at least 18 consecutive months with no reasonable prospect of reconciliation.

3. Fault Grounds — Adultery, desertion (12+ months), extreme cruelty (3+ months waiting), addiction (12+ months), institutionalization for mental illness (24+ months), imprisonment (18+ months), and deviant sexual conduct.

4. Required Forms — Complaint for Divorce, Family Part Case Information Statement (CIS), Confidential Litigant Information Sheet, and certifications regarding insurance, dispute resolution alternatives, and notification of complementary procedures.

5. Filing Fee — Approximately $300 plus $25 parent education fee if children involved. Fee waivers available.

6. Service of Process — Personal service, certified/regular mail, or acknowledgment of service. Respondent has 35 days to answer.

7. Property Division — New Jersey is an equitable distribution state. Marital property is divided fairly — not necessarily equally — based on 16 statutory factors including duration, age, and contributions.

8. Final Judgment — A Final Judgment of Divorce entered by the Family Part of Superior Court ends the marriage.

This is legal information, not legal advice.