Ending a relationship can be painful, and filing for divorce in NJ can be just one more overwhelming task to add to the list. You don’t have to go through the divorce process alone, and an experienced family law attorney can help.
At Graziano & Flynn, our empathetic family law attorneys will be there for you every step of the way, explaining your rights and advocating for your best interests.
Contact us today to schedule a free legal consultation with a New Jersey divorce attorney.
Grounds for Divorce in NJ
When filing for divorce in New Jersey, you’ll need to choose the legal reason—or “grounds”—for ending the marriage. The state recognizes both no-fault and fault-based grounds, and your choice can affect how the case moves forward. To file for either type of divorce, at least one spouse must meet the state’s residency requirements.
No-Fault Divorce
A no-fault divorce is the most common type in New Jersey. It means that neither spouse is being blamed for causing the divorce. Most couples file under “irreconcilable differences,” which simply means the relationship has deteriorated and cannot be fixed. To file on these grounds, at least one spouse must have lived in New Jersey for 12 consecutive months before filing.
Fault Based Divorce
In a fault-based divorce, one spouse claims the other did something that caused the marriage to fail. Common fault grounds include adultery, desertion, cruelty, addiction, or long-term imprisonment. Unlike no-fault divorce, the 12-month residency rule does not apply to adultery—you can file immediately if the alleged misconduct occurred in New Jersey and at least one spouse lives in the state.
Filing for the Different Types of Divorce
While there are certain divorce filing standards, each case is unique, especially if you and your spouse have children or share marital assets. In New Jersey, there are two different types of divorce that you can file for: uncontested and contested divorce.
Filing Uncontested or “No-Fault” Divorce
If you and your spouse agree to dissolve the marriage, you will file for an uncontested or no-fault divorce. Under New Jersey law, you can file for a no-fault divorce or dissolution of a domestic partnership or civil union if you meet the following requirements.
- You or your spouse/partner has lived in New Jersey for at least 12 consecutive months.
- There must have been irreconcilable differences between you and your spouse/partner for six months.
- Those irreconcilable differences are the reason the marriage, civil union, or domestic partnership is ending.
- You are certain there’s no possibility for reconciliation.
Uncontested divorce cases tend to take less time and don’t often require litigation in court.
Filing As Contested Divorce
If your divorce is contentious and you can’t agree to the terms of the divorce, you will need to file a contested divorce in New Jersey courts. People typically file a contested divorce when they can’t agree on the following:
- Child custody
- Allegations in the grounds for divorce
- Visitation or parenting time
- Child support
- Alimony
- Distribution of shared assets or debts
Fault grounds for a contested divorce include separation, extreme cruelty, or other grounds like adultery, institutionalization, and extended incarceration.
If you’re going through a contested divorce process, we recommend that you and your spouse seek out your own legal representation. At Graziano & Flynn, we’ll work with you so that you understand your rights throughout the proceedings and have a clear sense of what’s ahead.
Choosing a Divorce Process
In an ideal world, most divorce cases could be settled outside of court. However, that’s not always possible if your case is particularly contentious. A court may first order mediation in the hopes that you and your spouse can come to a satisfactory agreement. If mediation isn’t successful, you may be forced to pursue litigation in court.
Litigation
The person who files for a contested divorce is considered the plaintiff and is asking the court to determine the outcome of the divorce. Litigation occurs when you file for a contested divorce, and the family court hears the case. You can represent yourself in court, but most people turn to family law attorneys to argue on their behalf.
Litigation can take more time and be more expensive. When your divorce case goes to court, you’re beholden to the judge’s schedule, which means it can take longer to reach a resolution. Additionally, litigation is more costly as it includes attorney and filing fees. It is important to note that couples can enter a settlement at any time during the divorce process.
Mediation
Mediation is a type of “alternative dispute resolution” wherein a mediator helps each party agree to the divorce terms. If mediation succeeds, the divorce becomes an uncontested divorce, and a marital settlement agreement is created.
While a mediator cannot determine the outcome of the divorce, they can sometimes guide you and your spouse toward an amicable resolution. Couples can enter into mediation without filing for divorce. How long the process takes depends on the topics that need to be addressed, their complexity, and the level of cooperation between the parties.
New Jersey Divorce Filing Process
Filing for divorce in New Jersey involves several steps, especially if your case includes contested issues or shared assets. Here’s what you can expect at each stage:
1. Forms for Filing for Divorce in NJ
To start the process, you’ll need to file a Complaint for Divorce and other required documents with the court. These forms include details about you, your spouse, and the reasons for the divorce. Once filed, your spouse will be officially served with the papers and must legally respond. The filing spouse is referred to as the plaintiff, whereas the other spouse is the defendant.
Once the forms are filed, the defendant will then file an appearance form in response and pay a $175 filing fee to indicate they’re not contesting the divorce. You’ll need to fill out the following forms to file for your divorce:
- Complaint for Divorce
- Summons
- Confidential Litigant Information Sheet
- Certification of Self-Represented Litigant and Dispute Resolution Alternatives
- Certification Regarding Redaction of Personal Identifiers
- Certification Verification and Non-collusion
- Certification of Insurance Coverage
If your divorce is contested, you’ll file these forms with the court:
- Complaint for Divorce
- Certification Verification and Non-collusion
- Certification of No Pending Proceedings
- Certification of Insurance Coverage
- Certification of Self-represented Litigant and Dispute Resolution Alternatives
- Certification Regarding Redaction of Personal Identifiers
2. Case Information Statement (Financial Disclosure)
Both parties must complete a Case Information Statement, which outlines income, expenses, assets, and debts. This form helps the court make fair decisions about child support, alimony, and property division.
3. Negotiation, Mediation & Settlement Options
Before going to trial, many couples try to resolve their issues through negotiation or mediation. A neutral third party can help both sides reach an agreement, turning a contested case into an uncontested one. If successful, the terms are written into a Marital Settlement Agreement.
4. Discovery Process (if contested)
If you and your spouse cannot agree, the case moves into discovery, where each side gathers evidence. This may include financial documents, emails, text messages, or other records. The discovery process equips each party with the information they need to make their case in court.
The Benefits of Hiring a Divorce Lawyer When Filing for Divorce
If your case is simple and you and your spouse can agree on the divorce terms, you may not need to invest in a divorce lawyer. However, if your divorce is contentious or you share complex assets, hiring an experienced lawyer can make all the difference.
A divorce lawyer knows the ins and outs of family law and can advise you on the best way to protect your interests, children, and any assets you may have if your case goes to court. The divorce process is stressful enough, and the right lawyer understands divorce law and can litigate on your behalf so that the proceedings go as smoothly as possible.
Schedule Your Free Consultation with a New Jersey Divorce Attorney
At Graziano & Flynn, our divorce lawyers understand the strain divorce can put on all family members. We’ll support you throughout your divorce proceedings, whether you’re entering into mediation or you’re pursuing litigation in court.
With over 80 years of combined experience, our family law attorneys will guide you through your divorce options, giving you a clear sense of what to expect moving forward. Contact us today for a free legal consultation.
Divorce FAQs
What is a Marital Separation Agreement (MSA)?
In New Jersey, a Marital Separation Agreement or MSA is a legal document that outlines the divorce terms and how the relationship will play out after the divorce. These agreements are sometimes called property settlement agreements and can help you avoid court by resolving issues related to child support, child custody, alimony, and shared marital assets.
What is a Divorce Judgment?
A divorce judgment is a complete court order that results in the end of your marriage. The decree includes the date and grounds for divorce, notes any name changes, and identifies any rulings made by the judge that were incorporated into the divorce terms.
What’s the difference between a Separation Agreement and a Divorce Judgment?
A separation agreement is just the plan for what will be done regarding child support, custody, alimony, and shared assets after the divorce. A divorce judgment will often include the terms of the separation agreement, but you’re not considered officially divorced until you have the divorce judgment in hand.
Do You Need to Separate to Get Divorced in NJ?
You do not need to be separated in order to file for divorce in NJ. However, if you’ve been apart for 18 months or more, you can file for divorce on the grounds of separation. New Jersey recognizes irreconcilable differences, so if those have existed within your relationship for at least six months, you can file for an uncontested divorce.
