How to File for Divorce in New Jersey 2026: Complete Guide

New Jersey offers both no-fault and fault-based divorce options, giving couples flexibility in how to proceed. Understanding the grounds for divorce, NJ's 6-month separation requirement for irreconcilable differences, property division rules, and the 2014 alimony reform law is essential for navigating your New Jersey divorce.

Grounds for Divorce in New Jersey

New Jersey allows both no-fault and fault-based grounds (N.J.S.A. 2A:34-2):

No-Fault Grounds

1. Irreconcilable Differences (Most Common)

• Irreconcilable differences have caused breakdown of marriage for 6 months
• No reasonable prospect of reconciliation
• Must be separated for 6 months BEFORE filing
• No need to prove fault or misconduct
• Fastest, least contentious option

2. Separation (18 Months Living Apart)

• Spouses have lived separate and apart for 18+ consecutive months
• No reasonable prospect of reconciliation
• Can live under same roof if truly separated
• Alternative no-fault option if don't want to claim irreconcilable differences

Fault-Based Grounds

New Jersey retains 9 fault-based grounds:

1. Adultery: Voluntary sexual intercourse with someone other than spouse
2. Desertion: Willful and continued desertion for 12+ months
3. Extreme Cruelty: Physical or mental cruelty endangering safety or health
4. Separation: Voluntary separation for 18+ consecutive months
5. Addiction: Habitual drunkenness or drug addiction for 12+ months
6. Institutionalization: Mental illness requiring confinement for 24+ months
7. Imprisonment: Imprisonment for 18+ months after marriage
8. Deviant Sexual Conduct: Conduct voluntarily performed without spouse's consent
9. Irreconcilable Differences: For 6+ months (also available as no-fault)

Residency Requirements

N.J.S.A. 2A:34-8 requires:

• General Rule: At least one spouse must have lived in New Jersey for 12 consecutive months before filing
• Exception: If grounds for divorce occurred in New Jersey, can file immediately (no 12-month wait)
• Venue: File in county where either spouse lives

The Divorce Process in New Jersey

Step 1: File Complaint for Divorce

• Plaintiff files Complaint for Divorce in Superior Court, Chancery Division, Family Part
• State ground(s) for divorce
• Request relief: Property division, alimony, custody, support
• Filing fee: $325

Step 2: Serve Spouse

• Serve Complaint and Summons on defendant spouse
• Can be served by sheriff, process server, or certified mail
• Defendant has 35 days to file Answer

Step 3: Case Management Conference

• Initial court conference within 50 days of Answer
• Judge sets schedule for discovery, custody evaluation (if needed), trial dates
• Discusses settlement possibilities
• Issues case management order

Step 4: Mandatory Financial Disclosures

Both spouses must exchange:

• Case Information Statement (CIS): Detailed financial affidavit
• Tax Returns: Last 3 years
• Pay Stubs: Recent earnings
• Bank Statements: All accounts
• Retirement Account Statements
• Real Estate Appraisals
• Business Valuations (if applicable)

Step 5: Discovery

• Interrogatories (written questions)
• Requests for production of documents
• Depositions
• Subpoenas for third-party records

Step 6: Early Settlement Panel (ESP)

Mandatory in most NJ counties:

• Panel of volunteer attorneys reviews case
• Provides non-binding recommendations
• Helps parties understand likely trial outcome
• Often leads to settlement

Step 7: Intensive Settlement Conference (ISC)

If ESP doesn't resolve case:

• Judge-facilitated settlement conference
• More formal than ESP
• Judge provides guidance on likely rulings
• Strong pressure to settle

Step 8: Trial (If No Settlement)

• Full evidentiary hearing before judge (no jury)
• Both parties present evidence and witnesses
• Judge issues written decision
• Final Judgment of Divorce entered

Property Division - Equitable Distribution

New Jersey uses equitable distribution (N.J.S.A. 2A:34-23):

Marital vs. Separate Property

Marital Property (Subject to Division)

• All property acquired during marriage (regardless of title)
• Increase in value of separate property due to marital contributions
• Retirement benefits accrued during marriage
• Professional degrees/licenses earned during marriage (can be considered)

Separate Property (Not Divided)

• Property acquired before marriage
• Property acquired by gift or inheritance (even during marriage)
• Property acquired after filing for divorce
• Property excluded by valid prenuptial agreement
• Portion of personal injury award for pain and suffering (not lost wages)

Equitable Distribution Factors (N.J.S.A. 2A:34-23.1)

New Jersey courts consider 16 statutory factors:

1. Duration of marriage
2. Age and physical/emotional health of parties
3. Income and earning capacity of each spouse
4. Standard of living established during marriage
5. Written agreement between parties (prenup/postnup)
6. Economic circumstances of each spouse when division becomes effective
7. Income and earning capacity including educational background, training, skills
8. Contribution to marital property by each party (financial and homemaker)
9. Contribution to education/earning power of other spouse
10. Tax consequences of proposed distribution
11. Present value of property
12. Need of custodial parent to own/occupy marital home
13. Debts and liabilities of each spouse
14. Need for creation of trust fund for dependent children or spouse
15. Postponement of distribution (when equitable to defer)
16. Any other relevant factor

Typical Division

• No presumption of 50/50: NJ does not presume equal division
• Equitable = Fair: May be 60/40, 70/30, etc.
• Long marriages: Often closer to equal
• Short marriages: Often each keeps what brought in
• Homemaker contributions: Valued equally with income

Alimony in New Jersey

New Jersey reformed alimony in 2014 (N.J.S.A. 2A:34-23):

Types of Alimony

1. Open Durational Alimony

• For marriages of 20+ years
• Replaces old "permanent alimony"
• No specific end date, but modifiable
• Can be modified or terminated based on changed circumstances
• Terminates upon remarriage, death, or cohabitation

2. Limited Duration Alimony

• For marriages under 20 years
• Cannot exceed length of marriage (except exceptional circumstances)
• Example: 10-year marriage = maximum 10 years alimony
• Most common type of alimony

3. Rehabilitative Alimony

• Support while recipient obtains education/training for employment
• Time-limited based on rehab plan
• Typically 1-5 years

4. Reimbursement Alimony

• Compensate spouse who supported other through education/training
• Often lump sum
• Example: Spouse worked while other attended medical school

Alimony Factors (N.J.S.A. 2A:34-23)

Courts consider 14 factors:

1. Actual need and ability to pay
2. Duration of marriage
3. Age and health of parties
4. Standard of living during marriage
5. Earning capacity, education, training of each spouse
6. Length of absence from job market of party seeking support
7. Parental responsibilities for children
8. Time and expense to acquire education/training
9. History of financial/non-financial contributions to marriage
10. Equitable distribution of property
11. Income from investments of assets
12. Tax consequences
13. Nature, amount, length of alimony awarded in prior marriages
14. Any other relevant factor

2014 Alimony Reform Key Changes

• Eliminated "permanent alimony" terminology
• Limited duration: Cannot exceed marriage length (under 20 years)
• Retirement: Alimony modifiable/terminable upon retirement at full retirement age
• Cohabitation: Creates rebuttable presumption for modification/termination

Termination of Alimony

• Recipient remarries (automatic termination)
• Recipient cohabitates (rebuttable presumption for termination)
• Either party dies
• Court-ordered duration expires (limited duration only)
• Payor reaches full retirement age (rebuttable presumption)

Child Custody in New Jersey

New Jersey courts determine custody based on best interests of child (N.J.S.A. 9:2-4):

Types of Custody

Legal Custody

• Right to make major decisions (education, healthcare, religion)
• Joint legal custody: Both parents decide together (presumed)
• Sole legal custody: One parent decides (rare)

Physical Custody (Residential Custody)

• Where child primarily lives
• Primary residential custody: Child lives primarily with one parent
• Shared residential custody: Substantial time with both parents

Best Interest Factors

New Jersey courts consider:

• Parents' ability to agree, communicate, and cooperate
• Parents' willingness to accept custody arrangement
• Interaction between child and parents, siblings
• History of domestic violence
• Preference of child when of sufficient age (typically 12+)
• Needs of child
• Stability of home environment
• Quality and continuity of child's education
• Fitness of parents
• Geographical proximity of parents' homes
• Extent of quality of time spent with child before/after separation
• Employment responsibilities of each parent
• Age and number of children

Joint Legal Custody Presumption

New Jersey presumes joint legal custody is in child's best interest unless:

• History of domestic violence
• Parents cannot communicate or cooperate
• One parent unfit
• Evidence shows joint custody not in child's best interest

Child Support

New Jersey uses Child Support Guidelines (Appendix IX-A):

Calculation

• Based on both parents' combined gross income
• Uses percentage tables
• Adjusted for number of children
• Considers parenting time
• Includes health insurance, childcare, unreimbursed medical

Online Calculator

Use NJ Child Support Calculator

Duration

Child support continues until child:

• Turns 19 (NJ law extends to age 19)
• Emancipates
• Marries
• Dies

Divorce Costs in New Jersey

Note: New Jersey is one of the more expensive states for contested divorce due to high attorney fees and lengthy discovery process.

Expected Timeline

• Uncontested: 3-6 months
• Contested (settled before trial): 9-18 months
• Contested (trial): 18-36+ months

Frequently Asked Questions

How long do you have to be separated before divorce in New Jersey?

For no-fault divorce based on irreconcilable differences, you must be separated for 6 months BEFORE filing. Alternatively, you can file after 18 months of continuous separation (living separate and apart). For fault-based grounds like adultery or extreme cruelty, no separation period is required.

Is New Jersey a no-fault divorce state?

Yes, New Jersey allows no-fault divorce based on irreconcilable differences (after 6 months separation) or 18 months living apart. However, NJ also retains 9 fault-based grounds including adultery, desertion, and extreme cruelty. Most divorces (90%+) are filed as no-fault because it's simpler, faster, and less expensive.

How much does a divorce cost in New Jersey?

Filing fee is $325. Uncontested divorces with attorney typically cost $2,000-$5,000. Contested divorces range $10,000-$40,000+ depending on complexity, discovery, experts, and trial length. NJ is one of the most expensive states for divorce litigation due to high attorney rates and thorough discovery process.

Can I get a divorce without my spouse in New Jersey?

Yes. File a Complaint for Divorce and properly serve your spouse. If spouse doesn't respond within 35 days, you can apply for default judgment. However, if grounds require proof (like separation period), you still must meet those requirements even with default.

Does New Jersey have permanent alimony?

No. The 2014 Alimony Reform Act eliminated "permanent alimony" terminology. For marriages of 20+ years, courts award "open durational alimony" which has no specific end date but is modifiable. For marriages under 20 years, "limited duration alimony" cannot exceed the length of marriage. All alimony terminates upon remarriage or death.

What is the difference between limited duration and open durational alimony in NJ?

Limited duration alimony is for marriages under 20 years and cannot exceed the marriage length (except exceptional circumstances). Open durational alimony is for marriages of 20+ years, has no specific end date, but is modifiable and can terminate upon retirement at full retirement age, remarriage, or cohabitation.

At what age can a child decide which parent to live with in New Jersey?

New Jersey has no specific age. A child cannot legally decide until age 18 (adult). However, courts give increasing weight to a child's preference as they mature, typically around age 12-14 and older. The child's wishes are one factor among many in the best interest determination. Judge may interview child in chambers.