Divorce in New Jersey: grounds, timeline and when to get a lawyer

Grounds for divorce in New Jersey

New Jersey lets you file on no-fault or fault grounds, all listed in N.J.S.A. 2A:34-2. The one most people use is irreconcilable differences. You have to show that the differences have caused the breakdown of the marriage for at least six months, that the marriage should be dissolved, and that there is no reasonable prospect of reconciliation. You do not have to prove anyone did anything wrong.

The other no-fault option is separation: living apart in different homes for at least 18 consecutive months. After 18 months, the law presumes there is no reasonable prospect of getting back together.

Fault grounds still exist. They are rarely needed, and they usually make a case slower and more expensive, but in some situations a lawyer may discuss them with you.

• Adultery
• Willful and continued desertion for 12 months or more
• Extreme cruelty (the complaint generally cannot be filed until 3 months after the last act relied on)
• Drug addiction or habitual drunkenness for 12 or more consecutive months
• Institutionalization for mental illness for 24 or more consecutive months
• Imprisonment for 18 or more consecutive months
• Deviant sexual conduct without the plaintiff's consent

Residency and where to file

Under N.J.S.A. 2A:34-10, for any ground other than adultery, at least one spouse must have been a bona fide resident of New Jersey for the full year before the case is filed. For adultery, there is no one-year requirement.

Divorce cases are heard in the Family Part of the Superior Court. According to the Judiciary's self-help guide, you file in the county where you lived when you separated. If you now live outside New Jersey, you file in the county where your spouse lives. Cases can be filed electronically through the Judiciary's JEDS system or by mail.

Filing, fees and serving your spouse

The process starts with a Complaint for Divorce and a Summons. Per the Judiciary's court fee schedule and self-help page, the plaintiff pays $300 to file, and the defendant pays $175 to file an answer. If either side asks for custody or parenting time, both parents must attend a parenting workshop, which costs $25 each. Motions in a divorce case generally cost $50. A fee waiver is available if you qualify.

After you get a docket number, your spouse has to be formally served with the papers, usually by the sheriff or a private process server, and you file proof of service. If the court cannot confirm your spouse received the papers, the case generally cannot move forward.

Uncontested vs. contested divorce

An uncontested divorce is one where you and your spouse agree on everything: property, debts, alimony, child support, custody and parenting time. You put those terms in a written settlement agreement, and a judge reviews it at a short hearing before entering the final judgment. These cases are faster and much cheaper.

A contested divorce is one where you disagree on at least one issue. That does not mean it ends in a trial. Most contested cases still settle, often after exchanging financial information, going through the Early Settlement Panel, or mediating. Only a judge can grant the divorce itself, even when everything is agreed.

How property is divided: equitable distribution

New Jersey is an equitable distribution state. Under N.J.S.A. 2A:34-23, the court can divide property acquired during the marriage no matter whose name is on the title. Equitable means fair under the circumstances. It does not automatically mean equal.

N.J.S.A. 2A:34-23.1 lists the factors a judge weighs, including the length of the marriage, each spouse's age and health, income and earning capacity, contributions as a homemaker, the standard of living, debts, tax consequences, and the needs of a parent who has custody to stay in the marital home.

Property received by one spouse as a gift or inheritance, and property owned before the marriage, is generally not divided. That can change if it was mixed with marital money or grew because of effort during the marriage, which is a common source of disputes.

What a divorce case usually looks like, start to finish

Every case is different, but most New Jersey divorces follow a similar path. After the complaint is filed and served, the other spouse files an answer, and sometimes a counterclaim. If either spouse needs support or a parenting schedule while the case is pending, the court can enter temporary orders.

Next comes the exchange of information. Each spouse usually completes a Case Information Statement, a detailed financial disclosure covering income, expenses, assets and debts. Lawyers may also request documents, take depositions, or hire experts to value a business, a pension or the house.

Settlement efforts happen throughout. Many couples settle after the Early Settlement Panel or in mediation, and the agreed terms go into a written marital settlement agreement. If some issues still cannot be resolved, the court schedules a trial on those issues only.

The case ends with a Final Judgment of Divorce. In an agreed case, that usually happens at a short hearing where the judge confirms the agreement is fair and voluntary. The timeline can range from a few months for a simple uncontested case to a year or more when finances or custody are disputed.

Early Settlement Panels, mediation and arbitration

New Jersey courts push hard for settlement. The Matrimonial Early Settlement Panel (ESP) is a session where a panel of experienced family lawyers reviews both sides' positions on financial issues and recommend a settlement. The Judiciary notes that if the judge recommends ESP, participation is mandatory.

If the ESP does not resolve things, the court can refer the case to economic mediation with a mediator from the court's roster or one you hire privately. Under Court Rule 1:40-5, custody and parenting time disputes are screened and referred to mediation too. There are protections for domestic violence: a case is not sent to economic mediation while a temporary restraining order is in effect, and mediation with a final restraining order is only possible with the victim's consent.

Couples can also agree to arbitration on some or all issues, or use the collaborative process before filing if both have collaborative lawyers.