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New Jersey Divorce: Everything You Need To Know

By Even Staff | Edited By Even Staff

Updated On February 3, 2024

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If you're contemplating a New Jersey divorce, understanding the specific state rules and processes is crucial. This extensive guide will provide an overview of New Jersey divorce, ensuring you're informed every step of the way.

Learn everything you need to know, including: 

How Do You File for Divorce in New Jersey?

When seeking to dissolve a marriage in New Jersey, the procedure begins with the submission of specific legal paperwork. The spouse initiating the divorce, termed the plaintiff, must file a "Complaint for Divorce" with the Superior Court's Family Part in their county of residence. This document sets forth the grounds for divorce and any additional relief the plaintiff is seeking, such as child custody, child support, alimony, or property division.

Once the complaint is filed, the other spouse, termed the defendant, must be formally served with the divorce documents. This ensures they are aware of the action and have an opportunity to respond. In New Jersey, the defendant usually has a window of 35 days to file a response or answer. This phase is pivotal as the defendant can agree with the complaints, dispute them, or even file counterclaims.

During the divorce process, both parties are required to provide comprehensive financial disclosures. This includes detailed information regarding their assets, liabilities, income, and any property interests. Such disclosures ensure transparency and create a foundation for discussions on financial matters like alimony and property division.

Given the complexities and emotions associated with divorce, couples are often encouraged to discuss and potentially resolve critical issues before they reach court. Early agreements on matters like child custody, alimony, and property division can pave the way for a smoother legal process, saving both time and emotional strain.

What are the Residency Requirements to File for Divorce in New Jersey?

New Jersey has specific residency prerequisites to ensure that the state's courts have appropriate jurisdiction over divorce matters. To be eligible to file for divorce in New Jersey, at least one of the spouses must have maintained their primary residence in the state for a continuous period of no less than one year immediately preceding the filing of the divorce. The only exception to this rule is when the grounds for divorce, such as adultery, took place outside of New Jersey. In such cases, one of the spouses must still meet the one-year residency requirement.

It's essential for individuals seeking a divorce to ensure they meet these residency requirements before filing. If they fail to do so, the court might lack the necessary jurisdiction, which could lead to the dismissal of the divorce case.

What are the Grounds for Divorce in New Jersey?

New Jersey's divorce laws recognize both fault-based and no-fault grounds for divorce, allowing couples to choose the most appropriate avenue for their situation.

For those seeking a no-fault divorce, New Jersey primarily offers two avenues:

  1. Irreconcilable Differences: This is one of the most common grounds for divorce. Couples can choose this reason if they've experienced unresolvable differences for at least six months. Notably, they don't need to provide detailed explanations of these differences, making the process more straightforward.
  2. Separation: If a couple has lived apart in separate households for at least 18 consecutive months and there's no reasonable prospect of reconciliation, they can file for divorce on these grounds.

However, for couples who wish or need to pinpoint specific fault-based reasons for their divorce, New Jersey provides several options, including:

  1. Adultery
  2. Desertion for a specified period
  3. Extreme cruelty, encompassing physical or mental cruelty that makes it unreasonable or improper for the couple to continue living together
  4. Addiction or habitual drunkenness
  5. Institutionalization for mental illness for a specified period
  6. Imprisonment for a specified duration
  7. Deviant sexual conduct without the consent of the other spouse.

Opting for fault-based grounds can introduce additional challenges to the divorce process, as the alleging party must provide evidence to support their claims. This can lead to a more contentious and extended divorce proceeding, making it imperative for individuals to consider their decision carefully.

How to Get a Quick Divorce in New Jersey

In New Jersey, obtaining a divorce, even a relatively quick one, requires adhering to the state's legal processes and procedures. The quickest route to divorce is often the "uncontested divorce," where both spouses are in mutual agreement about all the key issues, such as property division, child custody, alimony, and other relevant matters. When both parties can set aside differences and find common ground, it can significantly expedite the process.

However, it's worth noting that New Jersey does not provide a distinct "express" or "fast-track" divorce mechanism akin to some other jurisdictions. Even in cases of an uncontested divorce, couples must still ensure they meet residency requirements, file the necessary paperwork, and await the court's final judgment. Although uncontested divorces move more swiftly due to the lack of disputes, there are mandatory waiting periods and court processes that need to be adhered to, which can add to the timeline.

Does New Jersey Require Separation Before Divorce?

New Jersey's divorce laws offer flexibility in terms of grounds and prerequisites. While there's no mandated separation period before a spouse can initiate a divorce, the state recognizes living separately as grounds for a no-fault divorce. If a couple has lived in separate residences without cohabitation for at least 18 consecutive months and sees no reasonable expectation of reconciliation, they can use this as the basis for their divorce. Essentially, while separation isn't a requirement, it can serve as an avenue for spouses to obtain a no-fault divorce without specifying other reasons.

How Much Does Divorce Cost in New Jersey?

The financial burden of divorce in New Jersey, as in many places, is influenced by numerous variables. The nature of the divorce—whether it's contested or uncontested, the complexities involved, and whether external services like mediation are employed—all factor into the overall cost.

  • Filing Fee: A foundational cost in the divorce process is the court's filing fee. In New Jersey, this fee is generally around $300, but it's essential to check the latest rates, which may fluctuate. If there are additional matters related to child custody, child support, or alimony, there could be extra associated charges.
  • Attorney’s Fees: Most individuals opt to enlist the services of an attorney, especially if the divorce is contested or has multifaceted financial or child-related considerations. Legal fees can vary widely. Based on factors like geographical location, the complexity of the case, and the attorney's experience and reputation, hourly rates can span from $250 to over $500. Some attorneys might also offer flat-fee arrangements for simpler cases.
  • Mediation or Counseling: Many couples choose mediation as a tool to resolve disagreements without the need for extended court battles. If the court mandates counseling or if parties voluntarily opt for mediation, there will be fees related to these services. These costs can vary based on the mediator's credentials and the number of sessions required.
  • Additional Expenses: A comprehensive divorce, especially one involving substantial assets or child-related disagreements, might necessitate other outlays. These could encompass fees for property valuations, child custody evaluations, forensic accountants, expert witnesses, or other professionals whose expertise is crucial for particular divorce aspects.

How Long Does It Take to Get Divorced in New Jersey?

The duration of a divorce process in New Jersey is influenced primarily by the nature of the divorce and the specifics of individual cases. For uncontested divorces, where both parties have reached an agreement on all matters related to the dissolution of the marriage, the proceedings tend to move relatively swiftly. Such cases can be concluded in a few months, especially when all required documents are submitted promptly, and there are no delays in court schedules.

Conversely, contested divorces, where there are disagreements over issues like asset division, child custody, or alimony, can be more time-consuming. The need for additional court hearings, mediation sessions, or even trials can extend the process. In some complex or highly contentious cases, the divorce process might stretch out over several years, especially if there are lengthy court battles or appeals.

How is Marital Property Divided in New Jersey?

New Jersey's approach to the division of marital property is rooted in the concept of "equitable distribution." Unlike community property states where assets are generally split equally, equitable distribution aims for a division that is just and fair, but not necessarily an exact half-and-half split.

To determine what's equitable, courts in New Jersey evaluate several factors, including:

  • The duration of the marriage.
  • The age and physical/emotional health of both parties.
  • The economic circumstances of each spouse at the time of division.
  • Any written agreements (like prenuptial or postnuptial agreements) between the spouses.
  • The contribution of each spouse to the acquisition, dissipation, preservation, or appreciation in the value of assets, including the contribution of a spouse as a homemaker.
  • The income and earning capacity of each spouse.
  • The standard of living established during the marriage.

It's vital to note that only property acquired during the marriage is subject to division. Individual assets or debts (those acquired before marriage or after separation) typically remain with the original owner.

How Does Child Custody Work in New Jersey?

Child custody decisions in New Jersey revolve around the paramount principle of the "best interests of the child." The courts assess various factors to make informed decisions on both physical custody (where the child resides) and legal custody (decision-making authority regarding the child's upbringing).

Factors evaluated by the courts include:

  • The parents' ability to communicate and collaborate concerning matters related to the child.
  • The parents' willingness to accept custody and any potential unwillingness to allow parenting time not based on substantiated abuse.
  • The interaction and relationship of the child with its parents and siblings.
  • Any history of domestic violence.
  • The safety, preference, needs, quality of education, and stability of the home environment.

Both joint custody, where parents share responsibilities, and sole custody, where one parent assumes primary responsibility, are potential outcomes based on the specifics of each case.

What are the Child Support Guidelines in New Jersey?

Child support is integral in ensuring that children receive adequate financial support from both parents post-divorce. New Jersey uses the New Jersey Child Support Guidelines to determine the appropriate amount of support. These guidelines are essentially a formula that takes into account:

  • Both parents' gross incomes.
  • The number of nights the child spends with each parent.
  • Any mandatory deductions, such as taxes or mandatory retirement contributions.
  • Additional child-related expenses, such as health insurance premiums, childcare costs, and any special educational or medical needs.

The primary aim of these guidelines is to maintain a consistent living standard for the child, similar to what they would have experienced had the parents remained together. However, in cases with unique circumstances or where combined parental incomes exceed the guidelines, courts may deviate from the guideline amount to ensure a fair outcome.

How Does Alimony Work in New Jersey?

In New Jersey, alimony, often referred to as spousal support, is a financial provision one spouse might be ordered to pay the other following a divorce or separation. Its primary goal is to limit any potentially unfair economic impacts of a divorce by providing continuing income to a non-wage-earning or lower-wage-earning spouse, thereby helping both parties transition to their new individual circumstances and maintain a standard of living similar to that during the marriage.

Determining alimony is a nuanced process. Unlike child support, there isn’t a strict formula applied universally. Instead, New Jersey courts assess a variety of factors to establish both the amount and duration of alimony payments:

  1. Need and Ability: One of the core considerations is the genuine need of one spouse for financial support and the other spouse's ability to pay. This assessment involves a deep dive into both parties' current financial standings, future earning potentials, and general expenses.
  2. Length of the Marriage: Generally, longer marriages might result in more extended alimony periods. The idea is that a spouse who's been out of the workforce or has had limited career opportunities due to marital roles would need more support after a longer marriage.
  3. Age and Health: The age and overall health of each party can play a pivotal role. For example, an older spouse with health concerns might find it challenging to become self-supporting, thereby potentially necessitating higher or longer-duration alimony.
  4. Earning Capacities: The court will review both parties' educational levels, professional skills, employability, and employment history. If one spouse, for example, sacrificed career growth to care for children, it may influence alimony decisions.
  5. Standard of Living: The lifestyle established during the marriage serves as a reference point. The aim is to ensure that neither party faces an undue decline in their quality of life post-divorce.
  6. Contributions to the Marriage: This includes both financial contributions and non-financial ones, such as homemaking, childcare, and supporting the other spouse's career or education.
  7. Parental Responsibilities: If one spouse has significant childcare responsibilities post-divorce, it might impact their ability to work full-time or pursue higher wages, affecting alimony determinations.
  8. Tax Implications: How alimony might affect each party's tax obligations can also be a consideration.
  9. Other Factors: The court can consider any other factors it deems relevant, such as the equitable distribution of property, any investment in the other spouse's training or education, and more.

It's essential to understand that alimony isn't guaranteed in every divorce case. It’s a discretionary decision based on the specifics of each situation. Additionally, alimony rulings can be modified if there's a significant change in circumstances (like job loss, remarriage of the receiving spouse, or retirement), but any potential modifications must be validated by the court.

New Jersey Divorce: FAQ 

How do I serve divorce papers in New Jersey? 

Papers can be served by the sheriff's department, a private process server, or even by mail in certain circumstances. 

Can I opt for online divorce in New Jersey? 

Yes, provided all necessary forms are completed and filed correctly. 

Are infidelity or other forms of marital misconduct considered in New Jersey divorces? 

While New Jersey is a no-fault state, fault-based grounds like adultery can be considered, especially when determining alimony or asset distribution. 

How is debt handled in a New Jersey divorce? 

Like assets, marital debt is subject to equitable distribution. 

Do I need an attorney for my New Jersey divorce? 

While not obligatory, having legal representation can be beneficial, especially in complex cases.

How can I modify child support or alimony after a divorce is finalized? 

Post-divorce modifications can be requested if there's a significant change in circumstances. The party seeking the change must file a motion with the court. 

Are prenuptial agreements recognized in New Jersey? 

Yes, provided they are entered into voluntarily and both parties had an opportunity for legal representation. 

Can grandparents request visitation rights in New Jersey? 

Yes, grandparents can petition for visitation rights, but they must demonstrate that visits are in the best interests of the grandchild. 

How do I enforce a child custody or support order if my ex-spouse isn't complying? 

You can file an enforcement motion with the court. Persistent non-compliance can lead to legal penalties, including jail time in severe cases. 

Is marital counseling required before pursuing a divorce in New Jersey? 

No, but some judges might recommend or order counseling in cases where reconciliation seems possible.