Divorce is called “Dissolution” in New Jersey. The process for getting a divorce is the same as dissolving a civil union or a domestic partnership.
Either partner in a marriage, civil union or domestic partnership can file for divorce in New Jersey as long as at least one member of the couple lives in the state.
If you formed a domestic partnership or a civil union in New Jersey but now live elsewhere, you might not be able to dissolve the relationship legally in your new state. In that case, you can file in the New Jersey county where the civil union or partnership took place.
The decision to file for divorce is a difficult one, and having to work through the legal process on your own makes it even more difficult. For this reason, the court recommends that people considering filing for divorce, or those who are responding to a divorce complaint, seek legal counsel if they are able to do so.
Legal Services of New Jersey maintains a directory of regional legal services offices.
The New Jersey Bar Association also maintains a list of county lawyer referral services that might be helpful.
Where to find divorce forms and instructions:
Dispute Resolution Alternatives to Conventional Litigation
You have choices about how your case is resolved. Only a judge can grant a divorce or a dissolution of a relationship. You might want to decide for yourselves how to divide your property and your debt. You also might have to figure out child support, custody and parenting time. A judge can decide those issues at trial, but there are other ways to address them. Those alternatives might be more efficient, cheaper, more private and less painful than working them out in court.
Before a case is filed
If both parties have lawyers, they can choose to work together outside of court to settle their financial or parenting issues before filing for divorce. This will help speed the divorce process. Any of the experts listed below might be consulted:This collaborative process ends when one party files the divorce or dissolution case in court. Once a case is filed, the parties must find new lawyers and law firms to represent them in court.
After a case is filed
Mediation. During mediation, a neutral person meets with both parties and helps them reach an agreement. The court has a list of approved mediators to help you settle your issues. You also can choose a private mediator. Both parties can hire a lawyer to advise them of their rights during mediation. The settlement is reported to the judge. The judge then makes a final decision about whether to grant the divorce or dissolution.If you are filing for divorce, you are the Plaintiff. Your spouse is the Defendant.
Note: You must be 18 to file a court case. If you are under 18, your parent or guardian must file the case for you.
You should file your divorce forms in the New Jersey county where you lived when you separated. If you do not live in New Jersey, you should file your forms in the New Jersey county where your spouse lives. See Court Rule R. 5:7-1 for more information.
You must state a reason for the divorce recognized by New Jersey law (called “grounds” for divorce).
There is no need to accuse the other spouse of doing anything wrong when filing based on irreconcilable differences. In fact, making accusations of adultery or other “wrongdoing” will not affect the outcome of the divorce or improve your chances of getting more child support, alimony, or other financial arrangements, such as equitable distribution.
**Note: If you cannot prove your spouse received the papers, you might not be able to proceed with your case. Contact the family division for more information.
If you have been served with a Summons and Divorce Complaint, you are the defendant. The person who filed the divorce is the plaintiff.
You have 35 days to respond to the Summons and Divorce Complaint.
If you do not respond to the court at all, the court may grant the divorce and order in favor of the Plaintiff.
You have three options in how you respond to the court. You can:
You can deliver the papers yourself or send them using certified mail to the address the plaintiff put on the forms they filed with the court. You will need the complete the Acknowledgement of Service form and include the certified mail card and submit them to the court.
**Note: If you cannot prove your spouse received the papers, you might not be able to proceed with your case. Contact the family division for more information.
| $300 | filing fee |
| $25 | parenting workshop fee paid for and attended by both parents if custody or visitation is sought by either parent |
There will be some additional mileage fees if you use a service to serve the papers on the defendant.
| $175 | filing fee |
| $25 | parenting workshop fee paid for and attended by both parents if custody or visitation is sought by either parent |
Contested divorces are those in which the spouses disagree on one or more issues, such as:
After both Plaintiff and Defendant have filed their papers with the court, court staff will schedule any necessary conferences or other court events such as:
The goal of these court events is to give the couple opportunities to settle as many issues between themselves as possible, rather than having the judge decide each issue. Couples are encouraged to try to develop a joint property settlement agreement if at all possible.
Court staff will advise when additional paperwork is required, such as a:
A contested divorce could take many months to get to the final court hearing. If the spouses have complex financial issues or bitter disputes on custody and visitation issues, a case can take even longer to resolve.
For contested divorces, it is recommended that each spouse get their own attorney in order to better understand their rights and responsibilities.
Uncontested divorces are those in which both spouses agree that they want to dissolve their marriage.
In most instances, the court process for uncontested divorces can be completed in a much shorter time than for contested divorces.
If you need to change or enforce the court order in your divorce, you must file a motion with the same court that issued the court order. A motion is a written request asking the court to change something in the order or make the other party comply with the terms of the order.
Common reasons to file a motion include:
How to Ask the Court to Change or Enforce an Order in Your Case
The kit has several forms that you must fill out and file with the court.
You will also have to send a copy of everything you file to your ex-spouse.
Important Note: There are very specific time frames for selecting a motion date, for filing and for getting the motion papers to your ex-spouse—contact the family division in the county where you are filing to make sure you understand and meet these deadlines.
If you have received papers stating that your ex-spouse has filed a motion with the court, you can respond by preparing and filing a Certification within the appropriate timeframe. You can use the Certification form in this packet and attach any documents that you believe will support what you state in the form.
You can also use this packet to file a cross-motion, meaning you are asking the court to take action on your behalf, in addition to opposing whatever the other party has asked for.
You must file your Certification (and Cross-Motion if you are filing one) with the court and send or deliver a full copy to your ex-spouse no later than 15 days prior to the motion date.
If you filed a Cross-Motion as well as a response to the original motion, your ex-spouse can respond in writing to the information in your Cross-Motion no later than 8 days prior to the motion date.
A motion date is not a trial. There might not be an actual court hearing on the motion date. Most motions are decided “on the papers.” The judge reviews the arguments and proofs each person has provided and decides the motion on that basis.
Both the person filing the motion and the person responding to it can request "oral argument" in their motion papers. This means that they are asking for an actual court hearing with the judge, so they can be heard in person. However, it is up to the judge to decide if this will be necessary.
Even if oral argument is granted and there is an actual hearing, a decision on the motion may not occur on that same day. In some cases, it may take weeks or longer to receive the written order stating the judge’s decision. When the motion is decided, each person will receive a copy of the signed order that states the decision on each request made in the motion.
After a case is completed and a judgment of divorce issued, the case is closed. Records for closed divorce cases are kept in the county courthouse for a short time and then stored by the Superior Court Clerk's Office in Trenton.
Contact the Superior Court Clerk's Office Customer Service Unit at 609-421-6100 if you have any questions.
Either party can appeal a decision in a contested divorce case. You cannot file an appeal if your case was uncontested.
The appeal must be filed in the Appellate Division of Superior Court within 45 days of the court’s decision.
You do not have to have a lawyer to appeal your case. Be aware, however, that the appeals process can be confusing. It is a good idea to get a lawyer if you can.
Things to think about before representing yourself in court
Use the How to File an Appeal self-help kit.
If you received a fee waiver in your divorce case, you can attach a copy of the order and a signed letter that says your finances have not changed since the case was filed.
If you did not receive a fee waiver in your divorce case, you can submit a
If you did not receive a fee waiver in your divorce case, you can submit a request for a fee waiver with your appeal.
See the Appellate Division COVID-19 Filing Instructions to submit the documents.
You will need to prepare a brief, which is a document that explains why your appeal should be granted.
Questions about your appeal?
Call the Appellate Division Clerk’s Office at 609-815-2950.
Affidavit: An affidavit is a notarized written statement made to the court when you file papers with the court swearing that the information contained in the filed papers is true.
Alimony: Alimony, or spousal support, is money paid by one spouse to another after a divorce to help with living expenses outside of child support.
Answer: An answer is a document filed by a defendant in response to a complaint filed by a plaintiff.
Appeal: An appeal is a written request asking a higher court to look at the decision of the judge and change that judge’s decision.
Arrears: The word arrears means unpaid or overdue child support, alimony or spousal support payments.
Caption: The caption is how the parties’ names were written in the original papers filed for your divorce. If you were the plaintiff or defendant you are still the plaintiff or defendant for all subsequent filings.
Cause of Action: The cause of action is the grounds for the divorce such as irreconcilable differences, separation, or extreme cruelty.
Certification: A certification is a written and signed statement made to the court when you file papers with the court, swearing that the information contained in the filed papers is true.
Child Support: Child support is money paid by the non-custodial parent to the custodial parent to help support their children.
Complaint: A complaint is a document filed with the court by the plaintiff that is the start of a court case.
Cross-motion: A cross-motion is filed by a defendant to add a new claim against the plaintiff in a court case.
Default Judgment: The plaintiff can request a default judgment in their favor if the defendant receives the complaint and fails to respond in the time allowed.
Defendant: The Defendant is the person against whom a case is filed.
Discovery: After a case is filed, but before it is heard in court, all of the parties must share with each other the documents and information they plan to introduce in court. This is called discovery.
Dissolution: Dissolution refers to the legal ending of a marriage, civil union or domestic partnership.
Exhibits: Exhibits are papers and information you provide to support what is in your motion.
File: To file means to give the appropriate forms to the court to begin the court’s consideration of your request.
Irreconcilable differences: This is the term used in New Jersey for a no-fault divorce. It applies to divorcing couples who have lived in New Jersey for at least 12 months before the divorce is filed. The basis of the divorce is that the couple is certain there is no way for them to reconcile.
Motion: A motion is a written request in which you ask the court to issue an order, change an order it has already issued, enforce an order it has already issued, or ask the court to take some other action related to your case.
Order: An order is a signed paper from the judge telling someone they must do something.
Party: A party is a person, business or governmental agency involved in a court action.
Personal Identifier: A Personal Identifier is any personal information that is unique to an individual, including Social Security number, military status, driver’s license number, license plate number, insurance policy number, active bank account and credit card numbers. This information could be used to steal someone’s identity or their money. All documents filed with the court are available for public inspection. Therefore no personal identifiers should be included on documents filed with the court.
Plaintiff: The Plaintiff is the person who files a court case.
Pro Se: The term Pro Se means that you are representing yourself in court without a lawyer.
Redact: To Redact is to remove or to hid parts of a written document.
Relief: To ask for relief is to ask the court for something.