An experienced New Jersey divorce lawyer explains the process

A New Jersey couple in the process of divorce

Roughly half of all marriages in New Jersey end in divorce. But just because divorces often occur doesn’t make them simple or straightforward. Every divorce is different and presents its own unique challenges and obstacles. There may also be many opportunities and benefits to getting a divorce.

If you’re considering filing for divorce in New Jersey, it’s critical that you fully understand the legal process, requirements, and steps involved. As experienced New Jersey divorce attorneys, our legal team at Williams Law Group, LLC has dedicated our careers to helping people navigate their way through the process and achieve the best possible outcome on their terms.

Below, you can find important information about filing for divorce in New Jersey, including answers to many common questions about which courts handle divorce cases, filing deadlines, and many other steps you need to take to protect your rights.

What are the grounds for divorce in New Jersey?

You can file for divorce in New Jersey for many different reasons. Some of the most common reasons why people file for divorce include:

Irreconcilable differences, a wide-ranging term that means your marriage has problems that cannot be resolved.
Living separately for a minimum of 18 months.
Adultery.
Drug or alcohol addiction.

The complete list of the grounds for divorce in New Jersey can be found in New Jersey Revised Statute N.J.S.A. § 2A:34-2 (Causes For Divorce From Bond of Matrimony).

What types of divorce are available In New Jersey?

New Jersey offers two main types of divorces – no-fault divorce and fault divorce. Depending on whether the couple can work out their differences, their divorce might be uncontested or contested. Here’s a brief summary of the four types of divorces in New Jersey:

No-fault divorce: A divorce where neither spouse blames the other for the marriage breakdown, typically based on irreconcilable differences or 18 months of separation.
Fault divorce: A divorce where one spouse alleges that the other’s misconduct, such as adultery or cruelty, caused the marriage to fail.
Uncontested divorce: A divorce where both spouses agree on all major issues, allowing for a quicker and less costly legal process.
Contested divorce: A divorce where the spouses disagree on key issues, such as property division, child custody, or alimony, requiring court intervention to resolve.

What is the difference between no-fault and fault divorce?

There are distinct differences between no-fault and fault divorces in New Jersey, and each one has its own advantages and disadvantages. That’s why it’s important to carefully consider what type of divorce you want to file for in New Jersey.

Again, in a no-fault divorce, many people file based on “irreconcilable differences.” This means that you or your spouse have experienced fundamental disagreements or conflicts that have caused the marriage to break down beyond repair. You can also file for no-fault divorce based on separation, which means you and your spouse have lived separately for at least 18 months.

In contrast, to file for a fault-based divorce in New Jersey, you must show a specific reason for seeking a divorce. Grounds for fault-based divorce include adultery, extreme cruelty, desertion for at least 12 months, drug or alcohol addiction, imprisonment for 18 months or longer, and institutionalization for mental illness. While a fault-based divorce may be more complex, it can sometimes affect the division of assets or alimony.

Are there residency requirements for filing for divorce in New Jersey?

New Jersey law requires at least one spouse to have lived in the state for a minimum of 12 months before filing for divorce. The specific rules and regulations can be found in New Jersey Revised Statute N.J.S.A. § 2A:34-10 (Residency Requirement).

The only exception to this rule is if you are filing on grounds of adultery. In such cases, there is no residency requirement, and you can file for divorce immediately, provided that the adultery occurred in New Jersey or was discovered while residing in the state.

Which courts handle divorce cases in New Jersey?

In New Jersey, the Family Division of the Superior Court handles most divorce cases. Each county has its own Family Division, which is part of New Jersey’s Superior Court system. You must file your divorce in the county where you or your spouse currently reside.

For example, if you live in Essex County, you would file at the Essex County Superior Court, Family Division at 212 Washington Street in Newark. If you and your spouse live in different counties, you can file in either county’s Family Division.

How do I begin the divorce process in New Jersey?

To start the divorce process in New Jersey, you should take the following steps. It’s also in your best interest to take these steps with an experienced New Jersey divorce lawyer who’s familiar with the state’s complex legal system. These steps include:

File a Complaint for Divorce: The first step is to file a Complaint for Divorce with the Family Division of the Superior Court in the county where you or your spouse reside. The spouse who files the Complaint is called the plaintiff. The other spouse is the defendant. This Complaint for Divorce outlines your reasons for seeking a divorce and states the type of relief you are requesting (such as spousal support, child custody, or division of assets).
Serve your spouse: Once you file the Complaint, you need to serve your spouse with a copy of the filed Complaint and a Summons. This is done in person through a process server or sheriff to make sure the Complaint is delivered to your spouse, and there’s a record of the delivery. If your spouse cannot be located, you may need to seek the court’s permission to serve by alternative means, such as publication.
Responding to the complaint: After being served, your spouse can respond to your Complaint for Divorce. If they do not respond to your Complaint, you can request that the court enter a default judgment and ask the court to proceed with an uncontested divorce. The court will often finalize the divorce based on the documents filed with the New Jersey Family Division of the Superior Court.
Answer to the complaint: If the defendant chooses to respond to the Complaint, they can file an Answer, indicating whether they agree or disagree with the information provided in the Complaint. Under New Jersey Revised Statute N.J.S.A. § 2A:34-8 (Jurisdiction Stated), the Defendant must file the response within 35 days of being served.
Counterclaim to complaint: In response to the Complaint for Divorce, the defendant will often file a Counterclaim. This allows the defendant to explain their perspective on the grounds for divorce and outline what they want in terms of an outcome, such as property division or custody arrangements. Filing a Counterclaim does not guarantee the defendant will receive everything requested. It simply establishes a formal position in the case.
File a Case Information Statement (CIS): In New Jersey, both spouses must submit a Case Information Statement (CIS). This form explains their financial situation, including assets, liabilities, debts, income, and expenses. The CIS form is crucial for the court to determine matters such as child support, alimony, and other financial obligations in the event of divorce. The New Jersey Court Rule 5:5-2 requires both parties to complete and file the CIS. The CIS form must be filed within 20 days of filing the Answer to the Divorce Complaint.

What happens after filing a ‘Complaint For Divorce’ In New Jersey?

In New Jersey, several situations may occur after one spouse files a Complaint for Divorce. Again, every divorce is different. However, these are some of the most common steps that occur after the official paperwork has been filed with the appropriate New Jersey Family Division of the Superior Court:

Settlement Agreement and Early Settlement Panel: Before or after filing the divorce Complaint, the spouses may attempt to reach a Settlement Agreement. If an agreement isn’t reached, the court will direct the parties to participate in an Early Settlement Panel (ESP). The ESP is a court-mandated session where the spouses and their attorneys present their positions on legal issues such as property division, child custody, and child support. The panel, made up of experienced family law attorneys, then reviews the case and provides recommendations on how to resolve these issues.
Accept Early Settlement Panel recommendation: If both parties accept the panel’s recommendations, the court will use the agreement to finalize the divorce.
Not accept Early Settlement Panel recommendation: If both spouses and their attorneys do not agree with the ESP recommendations, the case will move to the next step in the process. The ESP step provides an opportunity to avoid a divorce trial by negotiating and resolving any disputes at an early stage.
Economic Mediation: If the Early Settlement Panel does not lead to an agreement, the case proceeds to Economic Mediation. Under New Jersey Court Rule 5:5-6, this step is mandatory before the case can go to trial. Both sides choose an Economic Mediator from a list of court-approved mediators, typically experienced family law attorneys. Each party then submits an Economic Statement outlining their financial positions, including disputed issues. If a settlement is reached, the mediator and attorneys will draft a Memorandum of Understanding, which both parties sign. This document formalizes the agreed-upon terms and is legally enforceable.
Intensive Settlement Conference (ISC): If Economic Mediation does not result in a settlement, the court requires both parties to attend an Intensive Settlement Conference (ISC) at the court. This last effort to resolve disputes before trial provides an opportunity for additional negotiation with the help of a Family Division court judge or court-appointed mediator. The ISC aims to narrow the issues and reach a settlement, potentially avoiding the need for a full trial.

What happens in a New Jersey divorce trial?

When all attempts at settlement fail, the case proceeds to a divorce trial before a New Jersey Family Division of the Superior Court judge. During the trial, each side presents evidence and calls witnesses to support their claims regarding matters such as asset division, child custody, and spousal or child support. The judge will review the evidence and make final decisions on these issues.

The court’s rulings at trial are legally binding. Once the judge reaches a decision, the judge issues a Final Divorce Decree. The decree outlines all terms of the divorce, and both parties must comply with its provisions. Failure to adhere to the court’s orders can result in legal consequences, such as fines or other enforcement actions.

New Jersey Final Divorce Decree

A Final Divorce Decree, also known as a Final Judgment of Divorce, officially ends the marriage and sets out the court’s decisions regarding critical issues. The decree includes details on:

Dissolution of the Marriage.
Division of Marital Assets and Debts.
Child Custody and Parenting Time Arrangements.
Child Support.
Alimony or Spousal Support.
Name Change Requests.
Other Specific Conditions.

Once the judge signs the decree, it becomes legally binding, and both parties must follow its terms. If circumstances change after the divorce, either party may seek to modify the decree through a formal legal process, subject to court approval.

How long does it take to finalize a divorce in New Jersey?

The time it takes to finalize a divorce in New Jersey often depends on whether your divorce is contested or uncontested.

Uncontested divorce: If you and your spouse agree on all terms, including asset division, child custody, and support, the divorce can be finalized in as little as three to six months.
Contested divorce: If you and your spouse disagree on any aspect of the divorce, the process can take nine months to over a year. Factors such as disputes over child custody, alimony, or the complexity of financial matters can lengthen the process.

Even so, these are just estimates. Each divorce often presents its own unique challenges, which can influence how long it takes to finalize your divorce.

How is property divided during a divorce in New Jersey?

New Jersey follows the principle of equitable distribution, which means that marital property is divided fairly, but not necessarily equally. The court considers various factors when dividing assets, including:

The length of the marriage.
Each spouse’s income and earning capacity.
The standard of living established during the marriage.
The contributions of each spouse to the marital property.
The age and health of each spouse.

It is important to note that equitable distribution only applies to marital property, which includes assets and debts acquired during the marriage. Separate property, such as gifts, inheritances, or assets acquired before the marriage, usually remains with the original owner.

Can I get alimony in a New Jersey divorce?

New Jersey courts may award alimony (also known as spousal support) in certain divorce cases. The court evaluates several factors to determine the type, amount, and duration of alimony, such as:

The length of the marriage.
Each spouse’s financial needs and earning capacity.
The age and physical health of each spouse.
The standard of living during the marriage.
Contributions to the marriage, including homemaking or childcare responsibilities.

New Jersey has different types of alimony, including temporary, limited duration, rehabilitative, and permanent alimony. An experienced divorce lawyer can help you understand your options and advocate for a fair alimony arrangement.

What are the costs associated with filing for divorce in New Jersey?

The official cost to file a Complaint for Divorce in New Jersey is $300, plus an additional $25 fee if you are requesting custody or parenting time. Additional costs may arise from service fees, mediation, court appearances, and attorney fees.

The cost of a divorce can vary widely depending on whether the divorce is contested or uncontested, if the divorce goes to trial, the complexity of financial issues, and the need for expert witnesses or evaluations (e.g., for child custody). Consulting a divorce attorney can help you get a better estimate of the potential costs based on your situation.

Can I represent myself when filing for divorce In New Jersey?

While you can legally represent yourself, hiring an experienced divorce lawyer is highly recommended. Divorce law is complex; even simple cases involve detailed paperwork, negotiations, and court procedures. A lawyer ensures that you protect your rights, especially when dealing with issues such as property division, child custody, or alimony. Attorneys can also help reduce stress by managing legal matters on your behalf.

How can an attorney help with filing for divorce?

A divorce lawyer can assist you in many different ways through every step of the process, including:

Explaining your rights: A lawyer can explain your rights under New Jersey divorce law, including property rights, child custody considerations, and alimony eligibility.
Filing the correct paperwork: Divorce involves numerous forms and legal documents. A lawyer ensures you file all necessary paperwork accurately and meet all deadlines.
Negotiating agreements: If you and your spouse disagree on any aspect of the divorce, a lawyer can help negotiate fair settlements that take into account your best interests.
Representing you in Court: If your case goes to court, an attorney can advocate on your behalf to achieve the best possible outcome at your divorce trial.

Hiring a skilled New Jersey divorce lawyer makes sure your rights are respected throughout the process. Your attorney can also work with you to develop a divorce agreement that benefits you and takes into account all your needs and every aspect of your life.

The award-winning New Jersey divorce attorneys at Williams Law Group, LLC, have years of experience handling complex family law cases. As a result, we know the obstacles and legal issues that often arise during a divorce and how to respond to each situation in a positive, productive manner.

To learn more about how our law firm can help you, contact us and schedule an appointment with an experienced New Jersey divorce lawyer at Williams Law Group, LLC.

How To File For Divorce In New Jersey