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Filing for divorce in New Jersey

What you file, where you file, what it costs, and the rules that catch people out. Compiled from New Jersey court and statute sources.

How to read these entries.

This is general legal information compiled from state court websites, state statutes, and official self-help materials. It is not legal advice, and reading it does not create an attorney-client relationship with anyone.

Why we publish it. Most people meet the family law system once, at the worst moment of their life, knowing nothing about it. That gap is where people get overcharged and poorly served. This page exists so you can walk in already knowing roughly how your state works, ask sharper questions, and recognize when an answer does not sound right. It is here to help you hold your attorney to a standard, not to replace what they do.

Talk to a lawyer licensed in your state. That is the normal path, not a fallback for when something goes wrong. Nothing here can account for the facts of your marriage, your finances, or your children, and those facts are usually what determines the outcome. Many states also have free legal aid and court self-help centers, and we link to them by state.

Verify before you rely on anything. Every entry cites its source. Follow that citation to the official state site and confirm it still says what we say it says, and that it applies to your situation. Filing fees, form numbers, e-filing rules, and local standing orders change frequently, and a form number that was right last year can get your filing rejected today.

The same state can treat you very differently depending on whether your spouse agrees, whether you have minor children, whether you file jointly or alone, and which county or judge hears it. Waiting periods run from filing in some states and from service in others. Deadlines described here as fixed are the statutory default, and a judge may still have narrow discretion in an emergency.

If you are in danger, do not wait on any of these timelines. An order of protection is a separate and much faster process than a divorce, and it does not depend on any waiting period described on this page.

Your roadmap
What you file
Complaint for Divorce, which opens the case and states what you are asking for
Certification of Verification and Non-Collusion
Summons, notifying your spouse and explaining how to respond
CN 10486 Confidential Litigant Information Sheet, not shared with your spouse
CN 10889 Certification of Notification of Dispute Resolution Alternatives
CN 10482 Family Part Case Information Statement, required if alimony or child support is at issue
Custody and Parenting Time Plan, if you have children
Fee waiver certification, if you cannot afford the filing fee
Where you fileChancery Division, Family Part of the Superior Court, in the county where the grounds arose, usually where you live.
What it costs$300 for the complaint, plus $25 for the required parenting workshop if children are involved. Waivable.
The sequence
1. Complete the Complaint for Divorce and supporting certifications, listing your grounds under N.J.S.A. 2A:34.
2. File the originals plus two copies with the Family Division, with the fee or a fee waiver request.
3. Serve your spouse, typically by sheriff or process server, then file proof of service.
4. Your spouse has 35 days to file an Answer, an Answer and Counterclaim, or an Appearance. Missing it risks default.
5. Exchange financial information and complete the parenting workshop if you have children.
6. Settle or go before a judge, ending in a Final Judgment of Divorce.
Forms carrying CN numbers are published by the New Jersey Judiciary. Redact Social Security numbers on copies you serve. Confirm current fees with the court.
Court forms

In New Jersey, divorce is called "dissolution" and is filed in the Family Division of the Superior Court, in the county where you last lived together. The Judiciary publishes CN-numbered forms and self-help kits, the authoritative source for current versions.

Self-help divorce center and formsStep-by-step guide plus the core forms: complaint, summons, certifications, and confidential information sheet.
Full forms and self-help kit catalogSearchable library of every CN-numbered form and kit, including the Case Information Statement (CN 10482).
County ombudsman helpA neutral court staffer who explains procedures and forms (but not legal advice). A fee waiver is available if your income is low.
State rules and gotchas

Skipping the Case Information Statement can sink your case Verified Jul 2026

When custody, support, alimony, or property is disputed, you must file a Family Part Case Information Statement (CN 10482), a full financial disclosure with tax returns and recent pay stubs, generally within 20 days after the answer or appearance. Failing to file it can bring sanctions or adverse orders and can put your claims at risk, so it is not optional paperwork.

Source: New Jersey Court Rule 5:5-2 and Form CN 10482.

No-fault needs 12 months of residency and a 6-month clock that runs before you file Verified Jul 2026

For the common no-fault ground (irreconcilable differences), at least one spouse must have lived in New Jersey for 12 months before filing, and the irreconcilable differences must already have lasted at least 6 months. That 6-month period runs before you file, not after, and there is no mandatory waiting period once the case is in.

Source: N.J.S.A. 2A:34-2 and 2A:34-10; njcourts.gov self-help.

Property is split "equitably," which is not always 50/50 Verified Jul 2026

New Jersey is an equitable-distribution state. Marital property is divided fairly based on statutory factors rather than automatically in half. What counts as marital versus separate property can be disputed, so document what you brought into the marriage.

Source: N.J.S.A. 2A:34-23.1.

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