Divorce is one of the hardest events for a person to go through in life, right up there with the loss of a loved one. It brings drastic change and often an uprooting of one’s life. If you’re facing this prospect, then you likely want to know everything about how to file for divorce in New Jersey.
While filing for divorce is one of the most daunting steps, it’s also just the start of the legal process. You need to know where to start, what papers you need to file, and with what court. Confusion is natural. That’s why it’s so important to understand all the steps before you begin. The New Jersey divorce lawyers at The Montanari Law Group can provide guidance and advocacy throughout your divorce.
What Are the Reasons to File for Divorce?
When filing for divorce in New Jersey, you must have legally accepted grounds for the divorce or dissolution of your marriage. These are:
- Either spouse cheating
- Abandonment for 12 months or more
- Extreme cruelty
- Separation for 18 months or more
- Either spouse is struggling with addiction
- Mental health-related institutionalization for 24 months or more
- Imprisonment for 18 or more months
- Sexual misconduct
- Irreconcilable differences for six months or more
No-fault divorce covers the “irreconcilable differences” criterion. This means that guilt does not have to be proven for the dissolution to be valid, so long as the differences have been continuing for enough time and cannot be worked through.
Despite the many reasons for filing in New Jersey, divorce cases are rarer here than in most other states. The 2025 crude divorce rate is only 2.2 in every 1,000 New Jersey residents. This might make it easier for you to accelerate the divorce process.
For many of the above reasons, the person filing (the “plaintiff”) is typically accusing their spouse (the “defendant”) of that behavior. However, either spouse can file for divorce, especially in the case of irreconcilable differences.
The Four Steps to File for Divorce in New Jersey
The longer you’re in a marriage, the harder it can be to face divorce. In New Jersey, the median length of a marriage is 20.6 years. After such a long time together, emotional turbulence adds more challenge to the divorce process. Learning these steps lets you know what to do when.
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- Determine Where to FileDivorces in New Jersey are handled by the Superior Court Family Division. Each of New Jersey’s 21 counties has a local branch of this division where the proper papers should be filed. You should file in the county where you live or, if you are no longer a resident of New Jersey, the county where your spouse lives.For example, if you live in Bergen but your spouse lives in Gloucester, you can file in Bergen. If you both previously lived in Passaic County, but you moved out of state, and your spouse remained, file at the Passaic County Courthouse at 77 Hamilton Street.
- Fill Out All Required Paperwork
On top of the divorce complaint and summons, New Jersey divorce laws often require other documents, which you must file correctly and at the right times. Your attorney can explain and assist you with all the papers you need to fill out. - File the Papers
In New Jersey, papers can be filed electronically, by mail, or in person. When filing, you must also pay the appropriate filing fee. This fee varies based on what additional processes you may need, like workshops related to custody disputes. Some residents can also qualify for a waiver of the fee. - Serve Your Spouse
After you’ve filed all documents and received confirmation, the courts will also provide a docket number for your case. Now, you must provide your spouse with the Summons and a copy of all relevant documents.
The court will require proof that the other person was served. If you have a county sheriff’s officer serve the papers, they should provide that proof to both you and the courthouse. Some companies also offer to serve papers for you, but they may not automatically provide the required proof, so make sure to obtain it and share it with the courts.
Should I Hire a Divorce Lawyer to Help Me File?
In New Jersey, you can file papers and work through a divorce case on your own. However, the laws surrounding these cases are complex, and you will still be held responsible for knowing and obeying all of them.
A divorce attorney is familiar with these laws already. Getting extra legal aid to advocate for your rights can be crucial in such a vulnerable time.
FAQs
How Much Does It Cost to File for Divorce in NJ?
Filing costs vary by case, needs, and whether you are the defendant or plaintiff. In some cases, you may also be eligible to have the filing fee waived. To get an estimate of the exact price, consult a divorce lawyer. They can review your case to determine which costs you may have to pay at each step.
What Is the First Step in Filing for Divorce in NJ?
The first step in filing for divorce in New Jersey is making sure you have proper grounds to file. Once you know this, you should find your local county courthouse’s family division, which is where you’ll need to file. With this information, you’re ready to start the required documents. A New Jersey family law attorney can guide you through each step of the divorce process.
What Is a Wife Entitled to in a Divorce in NJ?
In New Jersey, a wife is entitled to an equitable share of marital assets during a divorce. Unlike some states, New Jersey does not guarantee a 50/50 split. Instead, the courts try to divide assets in a way that ideally supports both spouses. Certain issues, like alimony and child support, are considered with this in mind.
Can I Get a Divorce Without Going to Court?
All divorce cases require proper documents to be filed at the county courthouse. However, if you and your spouse agree on all terms of the divorce and have signed settlement papers, you may not have to appear in court. Some uncontested divorces can be completed without a court appearance.
Contact The Montanari Law Group
The marriage rate in New Jersey has been growing, from a low of 4.1 per 1,000 residents in 2020 to 5.4 per 1,000 in 2023. That means more wonderful relationships blooming, but more people potentially facing divorce. In such a strenuous time, don’t try to go it alone. Contact us to hire a divorce lawyer for your case.