States have unique laws surrounding divorce, and residents must meet their specific state’s requirements in order to file for divorce. Get the facts on New Jersey divorce requirements to understand what you need to do to separate from your spouse.
Filing for Divorce in New Jersey
Here are the full list of requirements to file for divorce in New Jersey:
- Residency requirement: you must be a “bona fide resident” of the state. This means that you have resided in the state for a certain amount of time—typically 12 months.
- Waiting period: Once the divorce has been finalized, your divorce decree is immediate (unless there is an appeal pending).
- Filing for a no-fault divorce: You must have been separated for at least 18 months.
The governing statute N.J.S.A. 2A:34-10 does not require this for Complaints of Divorce based on adultery. Once that requirement has been fulfilled, spouses must take the following steps to file for divorce:
Decide your grounds for divorce. Grounds to file for divorce in New Jersey include, but are not limited to: separation, adultery, irreconcilable differences, abandonment, addiction, extreme cruelty, imprisonment, and institutionalization. Typically, the most common grounds for divorce is irreconcilable differences.
Submit the necessary paperwork. This typically includes a properly drafted Complaint for Divorce, an Affidavit of Verification and Non-Collusion, an Affidavit of Insurance Coverage, a Confidential Litigant Information Sheet, and the filing fee imposed by the Court. Your family law attorney can help you complete and file the required forms to the County Clerk’s Office of the State Court of the county in which you or your spouse reside or work.
Provide notice to your spouse. The primary method of providing legal notice to your spouse is by having a copy of the documents handed to him or her within the State of New Jersey. If this is not possible, you may work with your attorney to serve your spouse the papers in another way.
The divorce process can be complicated depending on whether it’s contested, uncontested, involving high-value asset division, or determining child custody or child support. Our family law attorneys have over 125 years of combined experience, and we’re ready to provide the strategic and aggressive litigation services you need.