New Jersey Divorce: What You Need to Know

Divorce is legally called a dissolution of marriage in New Jersey. It is also referred to as the court process that ends a marital union. Although each state has its own rules, all divorce proceedings in New Jersey fall under the jurisdiction of the Family Division of the Superior Court.

This guide describes how divorce works in New Jersey, which includes the residency requirements, waiting periods, divorce types, the court process, county-level filing details, and how to find divorce records. Here, the main goal is to discuss the legal and procedural aspects of divorce and not to provide relationship advice.

How Does Divorce Work in New Jersey?

Before anyone can file for a divorce in New Jersey, the residency requirements must be met. At least one spouse must have lived in the state for 12 consecutive months prior to filing. The only exception to this rule is if the reason for filing divorce is adultery. In this case, the filer must be a resident of the state at the time of filing.

Both fault-based and no-fault divorces are valid types of divorces in New Jersey. The two no-fault reasons acceptable in the state are irreconcilable differences that have existed for at least six months or living apart for 18 consecutive months.

Furthermore, fault-based reasons include adultery, extreme cruelty, desertion, substance abuse, institutionalization for mental illness, deviant sexual conduct, imprisonment, and habitual drunkenness. Although proving fault is not required, it may influence alimony, custody, or property rulings.

A marriage can be dissolved shortly after filing as there is no strict waiting period in New Jersey. Nevertheless, it is worth noting that a contested case can span a year or longer due to hearings and trials.

Types of Divorce in New Jersey

New Jersey law provides for several types of divorce such as:

• Uncontested divorce: In this case, both spouses agree on all issues, including property division, custody, and support. Here, the divorce process is faster and less expensive.
• Contested divorce: This is the case when disagreements exist on matters like custody or alimony. Disputes in a contested divorce are usually resolved through mediation, hearings, or trial.
• No-fault divorce: Most divorces in New Jersey are filed based on irreconcilable differences between the couple or separation of 18 months.
• Fault-based divorce: The filing party submits a petition for divorce based on reasons like adultery, cruelty, or desertion.
• Collaborative divorce: Couples may use mediation or attorney-assisted negotiation to reach agreements outside of court.
• Legal separation: Although New Jersey does not have a formal legal separation, couples may file for separate maintenance actions that cover custody and support without dissolving the marriage.

New Jersey Divorce Court Process and Forms

In New Jersey, the Family Part of the Superior Court receives and handles divorce filings. To begin the process, the plaintiff must submit a Complaint for Divorce along with other documents (if applicable) such as:

• Case Information Statement (financial disclosure)
• Confidential Litigant Information Sheet
• Certification of Insurance Coverage
• Parenting Plan (if children are involved)
• Settlement Agreement (for uncontested cases)

Then, the complaint and summons must be served on the defendant within 30 days of filing. Usually, this service process is carried out by the sheriff, a process server, or certified mail. Within 35 days, the defendant has to file a response with the court.

It is also necessary for both spouses to exchange financial disclosures to ensure a fair division of assets and debts. If minor children are involved in a divorce, both parents must attend a parent education program before custody orders are issued.

Judges often refer child custody disputes to mediation, and in some cases, may also order mediation to resolve property disputes. If unresolved, the case proceeds to hearings and trial.

The divorce is deemed finalized when the judge signs a Final Judgment of Divorce. This document ends the marriage and sets orders for custody, child support, property division, and alimony.

City- and County-Level Filing Details

In New Jersey, the Superior Courts handle divorce cases at the county level. The list below describes the location and filing practices in courthouses in the largest counties in the state:

• Essex County (Newark):
  • Courthouse: Essex County Superior Court, Family Division, 212 Washington Street, Newark, NJ 07102.
  • Services: The New Jersey Courts self-help forms portal offers a list of legal forms, including those relevant to divorce matters.
• Bergen County (Hackensack):
  • Courthouse: Bergen County Justice Center, 10 Main Street, Hackensack, NJ 07601.
  • Services: This court handles custody and parenting time mediation for parents with minor children during the divorce process.
• Middlesex County (New Brunswick):
  • Courthouse: Middlesex County Superior Court, 56 Paterson Street, New Brunswick, NJ 08903.
  • Services: This court mandates the parents education program for couples undergoing a divorce or separation process.
• Hudson County (Jersey City):
  • Courthouse: Hudson County Superior Court, 595 Newark Avenue, Jersey City, NJ 07306.
  • Services: Individuals, especially self-represented litigants can receive minimal procedural assistance with filing their divorce case at the District Clerk’s Office.
• Monmouth County (Freehold):
  • Courthouse: Monmouth County Superior Court, 71 Monument Park, Freehold, NJ 07728.
  • Services: Through the New Jersey Courts website, individuals can locate a wide array of self-help kits, court forms, and brochures related to family law cases including divorce.

Petitioners should be aware that although filing procedures may be the same across the state, each court may have local filing practices.

How to Search for Divorce Records in New Jersey

While most New Jersey divorce records are available to the public, any record containing sensitive data, such as Social Security numbers, bank account information, or details about minor children remain confidential. Generally, divorce records are maintained by the Family Division Clerk’s Office in the county where the divorce was finalized. Through any of these methods, anyone can search for divorce records in New Jersey:

• At the courthouse: The Family Division Clerk or Records Room provides certified copies of divorce decrees and official case files to record seekers for a nominal fee.
• Online: Individuals seeking divorce records online can view limited case summaries through the NJCourts Public Access portal.
• Vital Records: The New Jersey Department of Health, Vital Records Office issues divorce certificates for divorces finalized since 1901. These certificates only contain the names of spouses, county, and date of divorce.
• Third-party services: These are private search websites that provide access to publicly aggregated court records across the country.

Divorce records comprise the names of the spouses, the date and county of divorce, the case number, and the court’s rulings on custody, property, support, and alimony. The official document that proves the end of a marriage is called the Final Judgment of Divorce.

Key Points

• Divorce in New Jersey is filed in the Family Division of the Superior Court in the county where either spouse lives.
• In New Jersey, one spouse must have lived in the state for 12 months before filing for divorce. This residency requirement does not apply to adultery cases.
• Both no-fault and fault-based divorces are acceptable types of divorces in New Jersey, although most cases are filed as no-fault.
• It is compulsory for parents with minor children to attend a parent education program to understand how divorce impacts children and promote cooperation.
• Divorce records are public records that can be obtained from the Office of the Family Division Clerk. To obtain divorce summaries, individuals may visit the New Jersey Vital Records Office.