Divorce

Overview

Divorce is called “dissolution” in New Jersey because you are “dissolving” a legal union. The process and information below are the same for a divorce, dissolution of a civil union, termination of a domestic partnership, or annulment.

Who can file?

Either person in a marriage, civil union or domestic partnership can file for divorce in New Jersey as long as at least one person lives in the state.

If you formed a domestic partnership or a civil union in New Jersey but now live in a different state, you might not be able to legally dissolve the union in your new state. In that case, you can file in New Jersey in the county where the civil union or domestic partnership took place.

Do I need a lawyer to file a divorce case?

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 filing for divorce, or people responding to a divorce complaint, speak to a lawyer.

Legal Services of New Jersey maintains a directory of regional legal services offices that provide free legal assistance to low-income residents. 

The New Jersey State Bar Association has a list of lawyers who offer lawyer referral services in the county where you live.

Things to think about before representing yourself in court

Divorce Forms and Instructions

The New Jersey Judiciary has some of the forms you need. A list of the documents you must file are described below. The forms with CN numbers can be downloaded from the Judiciary website.

• Divorce Complaint
  A legal document that starts a lawsuit in the Family Division. It includes the filer’s information, reasons for the lawsuit, and what the filing party is asking for from the court. For example, child custody, child support, or alimony.
• Certification of Verification and Non-Collusion
  The person signing this is swearing under oath that the information in the divorce complaint is true; the complaint is not being filed for secret, illegal or dishonest reasons; and that there are no other legal actions or arbitrations pending in the case.
• Summons
  This is the official notice to the other person that a divorce complaint was filed against them. It also explains where and how to respond to the complaint and the deadline to file a response.
• Confidential Litigant Information Sheet (CN 10486)
  This form contains personal and confidential information the court needs to process the complaint and set up the case.
• Certification by Self-Represented Litigant (Rule 5:4-2(h)) (CN 10889)
  The person signing this is swearing under oath that they read the document “Descriptive Material (R. 5:4-2(h)) Divorce or Dissolution - Dispute Resolution Alternatives to Conventional Litigation” (CN 10888) and they know that there are options available to try to settle their case instead of filing a complaint.
• Certification of Insurance Coverage
  This must include a list of all known insurance policies between the parties and any children. The person signing this is swearing under oath that the insurance information provided is true.
• Case Information Statement (CN 10482)
  This form must be filed by both parties if custody, support, alimony, or equitable distribution are in dispute.

Important: If you file your case electronically, you must upload each of the required documents as a separate document. They cannot be filed together in one attachment.

Where to find divorce forms and instructions.

1. Legal Services of New Jersey (LSNJ)
   LSNJ has a free divorce guide that explains how to file for divorce, dissolve a civil union or terminate a domestic partnership if the reason for the divorce is irreconcilable differences, separation, desertion, or extreme cruelty.
   LSNJ also sells a complete divorce kit, with instructions and all of the required forms, for $25.
2. Superior Court Office of the Ombudsmen
   You can get the required forms and instructions in your county courthouse. Contact your local court ombudsman for more information. 
   The ombudsman is a neutral staff person who answers questions, provides assistance, addresses concerns, and helps to guide court users through the court system. The ombudsman cannot give legal advice, however, because all court staff must be neutral and impartial. Learn more about the ombudsman program.

Filing the Divorce Complaint

File your forms in the county in New Jersey where you lived when you separated. If you do not live in New Jersey, file your forms in the county in New Jersey where the other party lives. See Court Rule R. 5:7-1 for more information.

If you are the person filing the complaint, you are considered the “plaintiff.”  The other party is considered the “defendant.” 

Note: You must be 18 to file a complaint. If you are under 18, your parent or guardian must file the complaint for you.

Grounds for Divorce

The complaint must include the legal reason(s) for the divorce according to New Jersey law.  In New Jersey these reasons are called the “grounds” for divorce. The following is a summary of frequently used legal grounds for divorce. 

• No-Fault or Irreconcilable Differences:
  You must meet the following requirements:
  1. You or the other party lived in New Jersey for 12 consecutive months before filing for divorce;
  2. You or the other party experienced irreconcilable differences for 6 months; and
  3. The irreconcilable differences are the reason you want to dissolve the marriage, civil union, or domestic partnership; and
  4. You are certain you will not reconcile.
• Separation: You and the other party have been living apart for at least 18 months.
• Extreme Cruelty: Certain factors must be proven. You should consult a lawyer or read N.J.S.A. 2A:34-2 to see if the law applies to your case.
• Other Grounds: These include adultery, institutionalization, and incarceration for an extended period. For more information, read N.J.S.A. 2A:34-2.

4 Steps to File a Divorce Complaint

1. Complete required documents.
   • Divorce Complaint
   • Certification of Verification and Non-Collusion
   • Summons
   • Confidential Litigant Information Sheet  
   • Certification by Self-Represented Litigant (Rule 5:4-2(h))
   • Certification of Insurance Coverage
   • Case Information Statement
2. File required documents.
   There are three filing options.
   • Electronically using the Judiciary Electronic Document Submission (JEDS) System. JEDS is available 24 hours a day, 7 days a week so it is quick and convenient. The fee must be paid with a credit card. Once you upload your papers, you will automatically receive an email confirming that they were received.
     
     Important: When filing electronically, you must upload each of the required documents as a separate document. They cannot be filed together in one attachment.
   • In person at the courthouse in the county where you or the other person lives. Make three copies of your papers. Bring two copies to the court and keep one copy for your records. Bring your papers to the Superior Court Family Division in the county where you or the other person lives. You can pay the fee in cash or with a check or money order made out to, “Treasurer, State of New Jersey.”

   • By mail. Make three copies of your papers. Mail two copies to the court and keep one copy for your records. You must pay the fee by including a check or money order made out to, “Treasurer, State of New Jersey.” Mail your papers to the Superior Court Family Division in the county where you or the other person lives. Certified mail is recommended. If you mail your papers, you must also include a stamped, self-addressed envelope so the court can mail you a copy of the filed complaint. The filed copy will include a docket number that identifies your case. 



3. Pay the filing fee or request a fee waiver.

   Plaintiff's Fees

   Complaint Fee	$300
   Parenting Workshop Fee You must pay this additional fee and attend a parenting program if either party requests custody or parenting time.	$25

   Defendant's Fees

   Filing Fee	$175
   Parenting Workshop Fee You must pay this additional fee and attend a parenting program if either party requests custody or parenting time.	$25

   Do you qualify to have your fee waived?

4.  Serve the other person.
   You must serve the other party with the divorce papers within 60 days of the date you filed your papers.  After you receive confirmation that your documents were filed correctly and you have a copy of the complaint with the docket number on it, you are ready to “serve” the other party (now the defendant) with a Summons, and all required documents. As part of this process you must prove to the court, in writing, that the other party received the divorce papers. This is referred to as “proof of service.”  There are two ways to have the other party served.
   1. County Sheriff’s Officer: Contact the Sheriff’s Office in the county where you filed your complaint.  When a sheriff’s officer serves your papers, they will send proof of service to you and the court.
   2. Process Server: These companies can be found online. Most do not send proof of service to the court so you must file an “Acknowledgement of Service” form with the court and include the process server’s receipt.

Settle Your Case Before Filing a Complaint

Consider mediation or a similar settlement process to resolve custody, parenting time and financial issues before filing for divorce.  This allows you and the other party to come up with a plan that works best for you and your family with the help of a neutral, third person. If you reach an agreement the process is quicker, cheaper, private and often less upsetting.

Settle Your Case After Filing a Complaint

Custody and Parenting Time Mediation. The court may require you to meet with a mediator to help you to resolve issues related to your children. 

Early Settlement Panel (ESP). If you are not able to resolve economic issues your case will be scheduled for review by an Early Settlement Panel. The panel is made up of experienced divorce lawyers who will recommend a fair settlement of your case. Each county has an ESP coordinator. Contact your county's coordinator for more information.

Economic Mediation. If you do not resolve the economic issues at ESP, the court may require you to meet with a mediator to help you to resolve them. The court has a list of approved economic mediators or you can choose someone who is not on the list. The court will not require mediation if there is a restraining order between the parties. However, under certain circumstances, the victim can agree to go to economic mediation even if there is a restraining order.

Arbitration. This is different from mediation because the arbitrator decides the outcome and the parties must agree in advance to accept the arbitrator’s decision. The parties choose the arbitrator, pay the fee, and agree in advance which issues the arbitrator will address. 

Finding a Divorce Record

After a divorce case is final and a judgment of divorce is issued, the case is considered closed. Closed divorce records are kept in the county courthouse where the divorce was entered for a short time and then are stored by the Superior Court Clerk's Office in Trenton.

To get closed divorce records, contact the  Superior Court Clerk's Office at  609-421-6100 .