Uncontested divorce in New Jersey: requirements and steps

What makes a divorce uncontested

There is no separate uncontested divorce form in New Jersey. The process is the same as any divorce. What makes it uncontested is that the two of you agree the marriage is over and have resolved every issue the court would otherwise decide: how to divide property and debts, whether anyone pays alimony, and, if you have children, custody, parenting time and child support.

Most couples put those terms in a written settlement agreement, often called a marital settlement agreement or property settlement agreement. Some reach it on their own, some through mediation, and some with lawyers negotiating for each side. Only a judge can actually grant the divorce, so the agreement is presented to the court along with the other papers.

If you get stuck on one issue, you do not have to give up on a cooperative divorce. The New Jersey Courts self-help page notes that couples can work through mediation, or agree in advance to arbitration, to settle the remaining questions before the judge signs the final judgment.

Who can file in New Jersey

Under N.J.S.A. 2A:34-10, at least one spouse generally must have been a bona fide New Jersey resident for one year before filing. Adultery is the only ground exempt from that one year rule. You normally file in the county where you lived when you separated, or, if you have moved out of state, the county where your spouse lives.

Grounds: irreconcilable differences and separation

Almost every uncontested divorce uses the no-fault ground of irreconcilable differences in N.J.S.A. 2A:34-2. You must state that the differences have caused a breakdown of the marriage for six months, that the marriage should be ended, and that there is no reasonable prospect of reconciliation. You do not have to live apart for those six months.

A second no-fault ground is separation: living apart in different homes for at least 18 consecutive months. Fault grounds such as extreme cruelty and adultery still exist, but they require more proof and are rarely used when both spouses agree.

Filing, fees and service

The spouse who files is the plaintiff. Filing is not joint. The plaintiff files a complaint for divorce with the Family Division of the Superior Court, either electronically through the Judiciary Electronic Document Submission system (JEDS) or by mail.

According to the New Jersey Courts self-help page, the fees are:

• $300 for the plaintiff to file the complaint.
• $175 for the defendant to file a response.
• $25 per parent for the required parenting workshop when custody or parenting time is part of the case.
• A fee waiver is available if you qualify based on income.

After filing: the response and the paperwork

The plaintiff must serve the summons and complaint on the other spouse within 30 days of filing and give the court proof of service. In an uncontested case, the other spouse can often sign an acknowledgment of service instead of being served by the sheriff or a process server.

The other spouse then has 35 days to respond. In an uncontested case that is usually a simple appearance or an answer that agrees with the complaint. If the other spouse does not respond at all, the plaintiff can ask the court to enter a default and move ahead without them.

Expect to complete several certifications along the way. A 2021 Judiciary directive lists, among others, a certification of insurance, a certification of non-collusion, a Confidential Litigant Information Sheet, a certification about dispute resolution, and a proposed final judgment. If there are children, child support orders and guideline worksheets are part of the package. When there are financial issues, each spouse typically completes a Case Information Statement listing income, expenses, assets and debts.

Divorce on the papers: skipping the hearing

Traditionally, an uncontested divorce ended with a short hearing where the plaintiff testified to the basic facts. The Judiciary now allows many cases to be decided on the papers instead. This option covers divorces with no other relief requested, divorces where the spouses have a signed settlement agreement resolving property, custody, parenting time and support, and cases where someone only wants to return to a prior name.

In an uncontested case, both spouses make the written request. The filing spouse signs a Certification in Support of Judgment of Divorce, confirming facts such as the truth of the complaint, that there is no prospect of reconciliation, that they understand their right to a trial and waive it, and the terms of any agreement. Court staff review the packet, send a notice if anything is missing, and pass complete files to a judge. A judge can still require an appearance.

If staff find something missing, the filing spouse generally has ten days to fix it. Once the file is complete, a judge reviews it, and if approved the judgment is signed and mailed to the filing spouse, who then must serve it on the other spouse.

Default cases use the same procedure with extra papers, including a request to enter default, a non-military affidavit and a certification that the complaint is true. All certifications and affidavits must be witnessed or notarized as the forms require.

How long it takes and what it costs

There is no fixed timeline. The fixed points are the six month irreconcilable differences period, the 30 day service deadline and the 35 day response window. After that, timing depends on how quickly you finish the agreement and paperwork and on the county's caseload.

Court fees are the only cost set by the state. Total cost varies with whether you use mediators or lawyers and how much negotiation the settlement needs, so ask any professional you consult for a written fee estimate.