Divorce in New Jersey: Laws, Process, and Costs

A couple in Bergen County spent 14 months negotiating their divorce. They agreed on custody within weeks, but the division of a family business and two rental properties kept them in litigation for over a year. Their combined legal fees exceeded $60,000. Across the state in Camden County, another couple filed an uncontested divorce, signed a marital settlement agreement, and had their judgment entered in under four months for less than $4,000 total.

Both outcomes are common in New Jersey. The state offers one of the broadest sets of divorce grounds in the country — both fault and no-fault — and its equitable distribution system gives judges significant discretion over property division. Whether your divorce is straightforward or complex depends largely on what you and your spouse can agree on before the court gets involved.

This guide covers New Jersey divorce law as it stands in 2026: the grounds available, the filing process, how property and alimony are handled, what to expect on costs and timeline, and the practical steps to get started. For broader context on how divorce works nationwide, see our complete guide to divorce.

Grounds for Divorce in New Jersey

New Jersey recognizes both no-fault and fault-based grounds for divorce under N.J.S.A. 2A:34-2. Most divorces proceed on no-fault grounds, but fault options remain available and can influence alimony and property division.

No-Fault Grounds

Irreconcilable differences. The most commonly used ground. You must show that irreconcilable differences have existed for at least six months and that there is no reasonable prospect of reconciliation. No separation period is required, and neither spouse needs to prove the other did anything wrong. At least one spouse must have been a New Jersey resident for 12 consecutive months before filing.

Separation. The parties have lived separate and apart in different residences for at least 18 consecutive months, with no reasonable prospect of reconciliation. This ground is less common since irreconcilable differences has no separation requirement.

Fault-Based Grounds

New Jersey still allows fault-based divorce on several grounds:

• Adultery — voluntary sexual intercourse with someone other than a spouse
• Extreme cruelty — physical or mental cruelty that makes it unreasonable to continue living together (requires a three-month waiting period after the last act of cruelty)
• Desertion — willful, continued absence for 12 months or more
• Addiction — habitual substance abuse for 12 or more consecutive months
• Institutionalization — confinement in a mental institution for 24 or more consecutive months after the marriage
• Imprisonment — incarceration for 18 or more consecutive months after the marriage
• Deviant sexual conduct — committed without the spouse’s consent

Filing on fault grounds can be strategically relevant because New Jersey courts may consider marital fault when determining alimony and, in some cases, property distribution. However, fault-based divorces are more expensive and time-consuming to litigate because you must prove the misconduct.

Residency Requirements

At least one spouse must have been a bona fide resident of New Jersey for at least 12 consecutive months immediately before filing. The one exception: if the ground for divorce is adultery, there is no durational residency requirement — at least one spouse simply needs to be a current New Jersey resident.

You file in the Superior Court, Family Division, in the county where either spouse resides.

How to File for Divorce in New Jersey

Step 1: Prepare Your Documents

New Jersey requires several forms to initiate a divorce:

• Complaint for Divorce — the document stating the grounds, what you are asking the court to decide, and basic case information
• Summons — notifies the other spouse that a divorce has been filed
• Verification and Certification — confirms the statements in the complaint are true
• Confidential Litigant Information Sheet (Form CN 10486)
• Case Information Statement (Form CN 10482) — a detailed financial disclosure covering income, expenses, assets, and debts
• Insurance Certification — addresses health insurance coverage for both parties and children
• CDR Notification Certification (Form CN 10889) — confirms awareness of complementary dispute resolution options

All forms are available on the New Jersey Courts website. Legal Services of New Jersey also offers a complete divorce kit for $25 that includes forms and instructions.

Step 2: File with the Court

You can file electronically through the Judiciary Electronic Document Submission (JEDS) system, which is available 24/7, or file in person or by mail at the county courthouse.

Step 3: Pay the Filing Fee

If you cannot afford the filing fee, you can request a fee waiver by filing an application with the court.

Step 4: Serve Your Spouse

You must serve the defendant with the divorce papers within 60 days of filing. Service must be completed by the county sheriff or a private process server — you cannot serve the papers yourself. After service, the defendant has 35 days to file an Answer and, optionally, a Counterclaim for Divorce.

Property Division: Equitable Distribution

New Jersey is an equitable distribution state, not a community property state. This means marital property is divided fairly, but not necessarily equally. A 50/50 split is common but not guaranteed — the court can divide assets in whatever proportion it considers equitable based on the circumstances.

What Counts as Marital Property

Marital property includes assets and debts acquired by either spouse from the date of marriage to the date the divorce complaint is filed. This covers real estate, retirement accounts, investments, vehicles, business interests, and debts like mortgages and credit cards.

Separate property is not subject to division and includes:

• Property owned before the marriage
• Gifts received from third parties during the marriage
• Inheritances received during the marriage
• Property acquired after the divorce complaint is filed

However, separate property can become marital property if it is commingled with marital assets — for example, depositing an inheritance into a joint account.

Factors the Court Considers

Under N.J.S.A. 2A:34-23.1, the court considers 16 factors when dividing property:

• Duration of the marriage
• Age and health of each spouse
• Income and property brought to the marriage by each party
• Standard of living established during the marriage
• Written agreements (prenuptial or postnuptial)
• Economic circumstances of each spouse at the time of division
• Each spouse’s contribution to the acquisition, preservation, or depreciation of marital property
• Contribution of a spouse as homemaker
• Tax consequences of the proposed distribution
• The need to maintain a home for the children
• Any other factors the court deems relevant

The contribution factor is particularly significant. New Jersey courts recognize homemaking and child-rearing as contributions equal to financial contributions when determining an equitable split.

Alimony in New Jersey

New Jersey overhauled its alimony statute in September 2014, and the current framework under N.J.S.A. 2A:34-23 recognizes four types of alimony.

Types of Alimony

Open durational alimony. For marriages lasting 20 years or more. There is no predetermined end date, but the term of alimony generally cannot exceed the length of the marriage. This replaced the old “permanent alimony” category.

Limited duration alimony. For marriages under 20 years. The court sets a specific end date, and the duration cannot exceed the length of the marriage except in exceptional circumstances.

Rehabilitative alimony. Supports a spouse who needs education or training to become self-sufficient. Requires a specific plan with steps and a timeline.

Reimbursement alimony. Compensates a spouse who supported the other through education or professional training with the expectation of sharing in the benefits.

Factors Considered

Courts weigh 14 statutory factors, including the need of the dependent spouse, the ability of the supporting spouse to pay, the duration of the marriage, the age and health of the parties, the standard of living during the marriage, earning capacities, and parental responsibilities.

Retirement. Alimony generally terminates when the paying spouse reaches full retirement age under Social Security. The paying spouse must file a motion to modify, and the court considers the financial circumstances at that time.

Cohabitation. If the receiving spouse cohabitates with a new partner, the paying spouse can seek modification or termination. The court evaluates the nature and duration of the relationship, the financial intertwining, and other factors.

Child Custody

New Jersey courts decide custody based on the best interests of the child. The state recognizes both legal custody (decision-making authority over education, healthcare, and religious upbringing) and physical custody (where the child lives).

Joint legal custody is common in New Jersey. Physical custody arrangements range from primary residential custody with one parent to equal parenting time schedules. The court considers factors including each parent’s relationship with the child, the stability of the home environment, the child’s preference (if the child is old enough), and each parent’s willingness to support the other’s relationship with the child.

Parents with minor children are required to attend a parenting workshop approved by the court, which costs $25.

For a detailed breakdown of New Jersey custody factors, see our guide on child custody in New Jersey.

Child Support

New Jersey calculates child support using statewide guidelines based on the Income Shares Model. Both parents’ incomes are combined to determine the total support obligation, which is then divided proportionally based on each parent’s share of the combined income.

The guidelines consider factors including the number of children, the cost of health insurance, work-related childcare expenses, and the parenting time arrangement. Deviations from the guidelines are possible when the court finds that applying them would be unjust or inappropriate.

For more on how New Jersey calculates support, see our guide on child support in New Jersey and try our child support calculator.

How Much Does Divorce Cost in New Jersey?

Costs vary dramatically based on the level of conflict.

Attorney fees in New Jersey range from $250 to $500 per hour, with most experienced family law attorneys charging around $350 per hour. Initial retainers typically range from $2,500 to $7,500.

Court filing fees total $300 for the plaintiff ($325 with children) and $175 for the defendant.

The biggest cost driver is conflict. Every issue that the spouses cannot resolve between themselves or through mediation requires attorney time and potentially court time. A couple who agrees on everything before filing can spend under $5,000 total. A couple who litigates custody, property division, and alimony through trial can each spend six figures.

For a personalized estimate, try our divorce cost estimator.

How Long Does Divorce Take in New Jersey?

New Jersey has no mandatory waiting period after filing. The timeline depends entirely on whether the divorce is contested.

• Uncontested divorce: 2 to 4 months from filing to final judgment
• Contested divorce with settlement: 6 to 12 months
• Contested divorce going to trial: 12 to 24+ months

After filing, the defendant has 35 days to respond. If the divorce is uncontested, the plaintiff can request a final hearing relatively quickly. For contested cases, the court will schedule case management conferences, discovery deadlines, and settlement efforts (including Early Settlement Panels and economic mediation) before setting a trial date if needed.

Settlement Options

New Jersey encourages settlement through several court-connected programs:

Mediation. A neutral mediator helps both spouses negotiate agreements on all contested issues. Custody mediation is available through the court at no additional cost. Private mediation for financial issues typically costs $3,000 to $8,000.

Early Settlement Panel. A panel of experienced divorce attorneys reviews the case and provides non-binding recommendations. This gives both sides a reality check on what a judge would likely order.

Arbitration. Both spouses agree to have a private arbitrator make binding decisions on some or all issues. Faster than trial but can be expensive.

Collaborative divorce. Both spouses and their attorneys commit to resolving all issues through negotiation. If the process fails, both attorneys must withdraw and the parties hire new counsel for litigation.

Contested vs. Uncontested Divorce

An uncontested divorce means both spouses agree on all issues: grounds, property division, alimony, child custody, and child support. They submit a marital settlement agreement to the court, and the judge reviews and approves it. This is the fastest and least expensive path.

A contested divorce means the spouses disagree on one or more issues. The court must resolve the disputes through motions, discovery, settlement conferences, and potentially trial. Even contested divorces usually settle before trial — the NJ Courts estimate that fewer than 5% of divorce cases go to a full trial.

For more on this distinction, see our guide on contested vs. uncontested divorce.

Frequently Asked Questions

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

New Jersey does not require separation before filing for divorce. If you file on the ground of irreconcilable differences, you need to show that differences existed for at least six months, but you do not need to live apart. The separation ground (18 months apart) is a separate option, not a requirement for all divorces.

Is New Jersey a 50/50 divorce state?

No. New Jersey is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. While many divorces do result in roughly equal splits, the court has discretion to divide assets unevenly based on 16 statutory factors, including the length of the marriage, each spouse’s contributions, and their economic circumstances.

Can I file for divorce in New Jersey if I just moved here?

Generally, no. At least one spouse must have been a bona fide resident of New Jersey for at least 12 consecutive months before filing. The only exception is if you are filing on the ground of adultery, in which case at least one spouse simply needs to be a current resident with no durational requirement.

Does adultery affect divorce in New Jersey?

Adultery is a fault-based ground for divorce in New Jersey and can influence alimony and property division. Courts may consider marital fault when determining the type and amount of alimony. However, proving adultery requires evidence and adds time and expense to the case. Most people file on irreconcilable differences instead.

How much does a divorce lawyer cost in New Jersey?

New Jersey divorce attorneys typically charge $250 to $500 per hour, with an average of about $350. Initial retainers range from $2,500 to $7,500. Total attorney fees depend on the complexity and contentiousness of the case — an uncontested divorce may cost $3,500 to $7,500 total, while a contested case can run $15,000 to $35,000 or more per spouse.

How This Guide Was Researched

This guide was created by reviewing publicly available legal information from official state statutes, judiciary websites, court resources, and family law publications. The goal is to explain family law topics in plain English so readers can better understand the process before speaking with an attorney.

Sources and Legal References

This guide is based on publicly available legal information and official sources, including:

• N.J.S.A. 2A:34-2 — Grounds for Divorce (New Jersey Legislature)
• N.J.S.A. 2A:34-23 — Alimony, Maintenance (Justia)
• N.J.S.A. 2A:34-23.1 — Equitable Distribution Criteria (New Jersey Legislature)
• Divorce — NJ Courts Self-Help
• Contested and Uncontested Divorces — NJ Courts

Official New Jersey Resources

• New Jersey Courts — Divorce Self-Help Center
• New Jersey Legislature — Family Law Statutes
• New Jersey State Bar Association
• Legal Services of New Jersey

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Learn more about related family law topics:

• The Complete Guide to Divorce
• Child Custody in New Jersey
• Child Support in New Jersey
• Contested vs. Uncontested Divorce
• How Much Does Divorce Cost?
• Divorce Cost Estimator
• Get a Free Consultation

Last updated: March 2026. This guide summarizes general legal information based on publicly available sources and is provided for educational purposes only. It does not constitute legal advice. For advice specific to your situation, consult a licensed attorney in your state.