CFP®, CDFA® | Divorce Financial Planner and Mediator
More than likely, your and your spouse’s plans for your married lives did not include divorce. Choosing to file for divorce is a complex, emotional process that can cause stress for you, your spouse, and your loved ones.
You likely have countless questions, too: How do you file for divorce in New Jersey? What happens if my spouse serves me with divorce papers? What will happen to my house, my financial future, and my children after filing for divorce?
Our staff at Simplify My Divorce, an online divorce resource organization, created this guide to explain the laws, processes, and details of divorce in New Jersey. Read on for everything you need to know about filing for divorce, navigating the legal proceedings, and finalizing your split as quickly as possible.
Table of Contents
The New Jersey Divorce Process: How to File for Divorce in NJ
The New Jersey divorce process begins when one spouse files a divorce complaint against another spouse. The spouse filing is the plaintiff, while the other spouse becomes the defendant throughout the court process.
File the Initial Divorce Complaint
If you are filing as the plaintiff, you may need to include requests for:
· Child support, fees that one parent pays the custodial parent for support of the child
· Alimony, financial support one spouse pays the other during and following the separation
· Child custody arrangements
· Equitable distribution of marital property alongside the divorce complaint
Your complaint should also contain at least one ground, or reason, for divorce.
After filing the divorce complaint with the New Jersey court system, you have ten days to serve your spouse with the complaint and a court summons. Once you’ve served your spouse, you can file a proof of service document with the court. Your spouse then has 35 days to respond to the complaint, file an appearance, or submit a counterclaim.
If they do not respond within 35 days, you can file a request for default judgment, submit your signed settlement agreement, and move forward with an uncontested divorce. Following the default hearing, you may receive a court order finalizing your dissolution.
File a Second Notice and Answer Any Counterclaims
If you do not have a signed settlement, you must serve your spouse with a second notice, called a proposed final judgment, 20 days before the date of the default hearing. The proposal includes case information and suggested settlement terms. After 20 days, you can attend a default hearing to receive an order of divorce.
However, if your spouse does respond, you have 20 days to answer their counterclaim. If you have a minor child together, you and your spouse will receive an order to attend a parenting program before your case proceeds through the New Jersey courts.
Seven-Step Dissolution Process
Following the initial filing and response process, your divorce case will likely move through New Jersey’s seven-step dissolution process unless you and your spouse decide to settle out of court.
The New Jersey divorce process proceeds as follows.
1. File the divorce action.
2. Schedule a case management conference.
3. Initiate the discovery process.
4. Attend an early settlement panel.
5. Undergo economic mediation.
6. Attend an intensive settlement conference (ISC).
7. Appear at the divorce trial.
Is New Jersey a Fault or No-Fault Divorce State?
You can file for a fault or no-fault divorce in the state of New Jersey. The state recognizes two types of no-fault divorces and several fault-based divorces, as follows.
Types of No-Fault Divorces
1. Separation: To qualify for a no-fault divorce based on the grounds of separation, you and your spouse must have lived separately for at least 18 months.
2. Irreconcilable differences: New Jersey law dictates that spouses must have undergone at least six months of irreconcilable differences before filing for divorce.
Types of Fault-Based Divorces
Grounds for marital fault divorce in New Jersey include:
· Extreme cruelty
· Domestic violence
· Desertion
· Adultery
· Habitual drunkenness or drug use
· Imprisonment
· Deviant sexual behavior
· Institutionalization in a mental health facility
Paperwork Needed to Get a Divorce in NJ
Navigating and organizing divorce forms can feel complicated, especially if you’re filing for divorce without the help of an attorney or other legal services. To initiate the legal process, you need to file several forms alongside your complaint for divorce, as follows.
· Filing Letter to the Court Complaint Form: The filing letter indicates that you have filed for dissolution and either enclosed the filing fee or have requested a fee waiver.
· Certification of Insurance: The certification form allows you to list all current insurance coverage, including life insurance, health insurance, automobile insurance, and homeowner’s insurance.
· Family Part Case Information Statement: You may not need to file this statement unless you and your spouse disagree on critical points, such as child custody, spousal support, or property division.
· Confidential Litigant Information Sheet: The CLIS form contains personal information on each party, such as social security numbers and medical information.
How Long Does a Divorce Take in NJ?
Once you have a filed complaint for dissolution, you likely want to start – and end – the divorce proceeding as quickly as possible. However, the process can become lengthy, especially if you and the defendant spouse disagree on settlement terms.
How Long Does an Uncontested Divorce Take in NJ?
Uncontested divorces move through New Jersey courts more quickly. After filing your complaint in the New Jersey county you live in, you and your spouse could legally dissolve your marriage in a few months with a signed settlement agreement.
How Long Does a Contested Divorce Take in NJ?
Contested divorces usually demand much more of you and your spouse in the form of legal fees, emotional duress, and time. The average contested dissolution takes about 12 months from the initial filing to the court’s decision due to disagreements on issues, such as:
· Child support
· Parenting time
· Alimony
· Equitable distribution of assets
How Much Does It Cost to File for Divorce in New Jersey?
In New Jersey, you can expect to pay divorce filing fees of:
· $325 if you and your spouse have children
· $300 if you and your spouse do not have minor children
You may incur additional charges if you use a process server to serve your spouse or if your attorney files your forms on your behalf. Courts may also order one spouse to pay the other spouse’s attorney fees in a divorce or dissolution of a domestic partnership.
For more information on marital dissolution filing fees, contact your local sheriff’s office.
How Does Alimony Work in New Jersey?
Under New Jersey law, both you and your spouse can request alimony while filing or responding to dissolution complaints. The judge presiding over your case will consider several factors when determining if you or your spouse qualify for alimony, such as:
· Financial need and earning ability
· Length of the marriage
· The age and health of each spouse
· The standard of living enjoyed during the marriage
· Parental responsibilities
After evaluating these and several other factors, the courts may award one of five types of alimony:
1. Temporary alimony, which you or your spouse receive during the proceedings
2. Limited alimony, which allows the supported spouse time to become self-sufficient
3. Rehabilitative alimony, which entitles the supported spouse to financial aid while pursuing education or training that will lead to self-sufficiency
4. Reimbursement alimony, which you or your spouse may receive if you financially supported the other spouse through advanced schooling or training
5. Permanent alimony, which is less common in New Jersey and reserved for spouses who cannot become financially independent
NJ Divorce Requirements You Need to Know
To file for marital dissolution in New Jersey, state divorce laws dictate that you or your spouse must have been a New Jersey resident for at least one year before you filed the complaint. However, if you file on the grounds of adultery, you do not need to have lived in New Jersey for a year.
Should You Seek Legal Advice When Filing for Divorce?
Many people opt to file for dissolution without the help of a lawyer. While you may reduce expenses by eliminating attorney fees, a knowledgeable lawyer from one of New Jersey’s family law firms can help you navigate the divorce process, receive a fair distribution of property, and come to an agreement on issues such as child custody, support, and more.