The Divorce Process in New Jersey: From Filing to Final Judgment

Grounds for Divorce in New Jersey

New Jersey recognizes both fault and no-fault grounds for divorce. The most commonly used ground is:

Irreconcilable Differences (no-fault): The marriage has broken down for at least six months with no reasonable prospect of reconciliation. No specific misconduct needs to be proven.

Fault grounds include adultery, desertion, extreme cruelty, addiction, institutionalization, imprisonment, and deviant sexual conduct. Fault grounds are rarely used because they require proof and can make the process more contentious without significantly affecting the outcome.

Step 1: Filing the Complaint for Divorce

The divorce process begins when one spouse (the plaintiff) files a Complaint for Divorce in the Superior Court, Family Part, in the county where either spouse resides. The complaint must state the grounds for divorce and what relief is sought (equitable distribution, alimony, custody, etc.).

The filing fee is approximately $300.

Step 2: Service of Process

The defendant spouse must be formally served with the complaint and summons. Service can be accomplished by:

• Personal service by a process server
• Certified mail (if accepted)
• Publication (if the defendant cannot be located)

The defendant has 35 days to file an Answer.

Step 3: Case Management Conference

After the pleadings are filed, the court schedules a Case Management Conference (CMC). At the CMC, the judge:

• Identifies the contested issues
• Sets a discovery schedule
• Determines whether the case is appropriate for mediation
• Sets deadlines for expert reports

Step 4: Discovery

Discovery in divorce cases focuses on financial information:

• Case Information Statement (CIS) — a detailed financial disclosure required of both parties
• Tax returns (typically 3 years)
• Bank and investment account statements
• Business records (if a spouse owns a business)
• Retirement account statements
• Real estate appraisals
• Business valuations

Step 5: Equitable Distribution

New Jersey is an equitable distribution state — marital assets are divided fairly, but not necessarily equally. The court considers 16 statutory factors, including:

• Duration of the marriage
• Age and health of the parties
• Income and earning capacity of each spouse
• Standard of living during the marriage
• Contributions to the marriage (financial and non-financial)
• Tax consequences of the proposed distribution
• Debt and liabilities

Marital property subject to distribution includes assets acquired during the marriage, regardless of whose name they are in. Separate property (pre-marital assets, inheritances, gifts from third parties) is generally not subject to distribution.

Step 6: Alimony

New Jersey recognizes several types of alimony:

• Open durational alimony: For long marriages (20+ years), with no set end date
• Limited duration alimony: For shorter marriages, for a specified period
• Rehabilitative alimony: To allow a spouse to become self-supporting
• Reimbursement alimony: To compensate a spouse who supported the other's education or career

Alimony is determined based on 13 statutory factors, including the parties' incomes, the length of the marriage, and the standard of living.

Step 7: Mediation

New Jersey courts require most divorcing couples to attempt mediation before trial. A neutral mediator helps the parties reach agreement on contested issues. Mediation is confidential and non-binding — either party can walk away.

Step 8: Trial

If the parties cannot reach a settlement, the case proceeds to trial before a Family Court judge. Divorce trials can last from one day to several weeks, depending on complexity.

Step 9: Final Judgment of Divorce

Once all issues are resolved (by agreement or trial), the court enters a Final Judgment of Divorce. The judgment incorporates all agreements and court orders regarding property division, alimony, custody, and support.

How Long Does Divorce Take?

Uncontested divorces (where the parties agree on all issues) can be finalized in as little as 3-6 months. Contested divorces typically take 12-24 months, and complex cases can take longer.

This article is for general informational purposes only and does not constitute legal advice.