How to File for a Divorce in New Jersey

Filing for divorce in NJ is relatively simple.  If you hire a divorce attorney in Freehold, NJ, he or she will prepare, file, and serve your divorce papers for you.  If you want to know how to file for divorce in NJ on your own, continue reading.

First, you should understand that “filing for divorce in NJ” generally refers to “filing a complaint for divorce.”   This is usually the first step to getting a divorce in New Jersey.  To file for divorce in New Jersey you must prepare the appropriate paperwork and file it with the court.  If you do everything correctly, the court will mark a copy of the papers as “filed.”  They will mail you back a copy of the filed papers and then you must serve the complaint on your spouse.

Grounds for Divorce

Before you can file a complaint for divorce, you will need to be able to show that you have the legal grounds necessary for a divorce. In New Jersey, there are fault-based and no-fault grounds for divorce. No-fault grounds include separation or “irreconcilable differences.” Irreconcilable differences means that there has been an irretrievable breakdown of the marriage that has lasted at least six months. To file under “separation,” you and your spouse must have been living in separate households for at least 18 months.

All other grounds for divorce in New Jersey are fault-based, meaning that one of the spouses is being blamed for the divorce. These grounds for divorce include:

• Extreme cruelty
• Adultery
• Desertion
• Imprisonment
• Institutionalization for mental illness
• Voluntary addiction to narcotic drugs
• Habitual drunkenness
• Deviant sexual conduct

Your divorce complaint will state which ground you are alleging as the basis for your complaint.

There may be additional requirements you must fulfill depending on the ground for divorce you are asserting. For example, if you allege adultery, you must name the affair partner as a co-respondent in the case, serve them, and file an affidavit of compliance.

Residency Requirement

You must also be able to show that you or your spouse meet the applicable residency requirement. This generally requires showing you or your spouse have lived in New Jersey for at least one year before filing for divorce. Your divorce complaint will need to say which spouse has lived in New Jersey for at least a year.

What Goes into a New Jersey Divorce Complaint?

While the specific information that must be included in your divorce complaint will depend partially on your specific circumstances, some of the most common information that is included in your complaint includes:

• Your name and address
• Your spouse’s name and address
• Date and location of your marriage ceremony
• The grounds for divorce
• Whether you and your spouse have any children
• The names of your children
• Whether you and your spouse have been involved in any previous litigation
• The relief you are seeking from the court

You must sign and date the complaint.

It is important that you carefully prepare your divorce complaint so that it meets all of the state’s requirements. A New Jersey divorce lawyer can prepare your divorce papers and ensure that you include all relevant information and requests.

How to File for Divorce in New Jersey

To file for a divorce in New Jersey, you must prepare a Complaint for Divorce.  The Complaint for Divorce must include the following documents:

1. Complaint for Divorce

The first thing you need to prepare to file for a divorce in NJ is the “Complaint for Divorce.” The complaint provides the basis for the divorce and what you are seeking from the divorce. For example, it might state that you want the court to fairly distribute property between you and your spouse and to give you custody of your children. This is what a Sample NJ Complaint for Divorce looks like. This sample complaint is based on irreconcilable differences.

2. Verification and Certification of Non-Collusion

The next item that is filed for a divorce in New Jersey is a “Verification and Certification of Non-Collusion.”  The certification is self-explanatory and looks like this: Sample NJ Certification of Non-Collusion.

3. Certification Pursuant to Rule 5:4-2(h)  

This certification is the third document filed with your complaint for divorce in New Jersey.  Before filing for divorce, you must be informed about the availability of complementary dispute resolution as alternatives to litigation.  Before signing the certification, you can read the literature regarding dispute resolution alternatives here http://www.judiciary.state.nj.us/notices/2006/n061204.pdf

Here is a Sample ADR Certification.

4. Affidavit of Insurance Coverage

Next, you’ll need to prepare an affidavit of insurance coverage.  This document lists all insurance policies you and your spouse have in place at the time you file for divorce.  It also states any policies that have been cancelled within the last 90 days.  The affidavit looks like this: Sample NJ Affidavit of Insurance Coverage.

5. Confidential Litigant Information Sheet

Finally, the last document that must be included to file for divorce in New Jersey is the Confidential Litigant Information Sheet. On this document, you must provide confidential information about you and your spouse, including:

• Date and place of birth
• Social Security Number
• Driver’s license number
• Gender

6. Process for Filing

Once you have complied these documents, you should send one original and two copies to the appropriate court house.  Additionally, you’ll need to include a check with the appropriate payment. Depending on whether or not custody is an issue in your case, the filing fee is $300 or $325.  You’ll also want to include a self-addressed and stamped envelope so that the court can mail you back a copy of your filed paperwork.   Once you receive your complaint back from the court (which will be marked “filed”) you must serve the complaint along with a summons.

Next Steps to Prepare for Divorce in New Jersey

While the filing of your divorce complaint officially kicks off your case, there are many more steps involved in the process for divorce, some that are immediately relevant and others that may arise during the process of divorce, including:

1. Serving Your Spouse

Your spouse has the right to know that you are asking for a divorce. Divorce affects many of your spouse’s legal and property rights, so you must inform them of your filing. You must give the court proof that you have served your spouse in order for your case to move along.

Some of the ways that you may be able to serve your spouse include:

• Having your spouse sign a document that acknowledges that he or she received the divorce document and waives the requirement for formal service
• Having your spouse personally served by the sheriff or a private process server. The person who serves your spouse will need to complete a document that says when and where they serve your spouse and provide it to the court.
• Serving your spouse by mail. This can be a legal manner of serving your spouse, but if they don’t respond to the divorce complaint within 60 days, you will still have to serve them by another method.

2. Responding to the Complaint for Divorce

Once your spouse is served with the divorce papers, they will have up to 35 days to file a written response to the court. If they fail to file their response, the court can order a default judgment in your favor.

3. Attending a Case Management Conference

Because there are so many people filing for divorce in any given year, the court will schedule a case management conference where it can get to know the particular issues involved in your case. Often, both spouses are expected to attend this conference.
At the conclusion of this court appearance, the court will issue a case management order that states what things need to be accomplished and by which date. The court may order you and your spouse to work with custody and parenting time experts, as well as financial experts.

4. Conducting Discovery

Discovery is the formal process of gathering information and evidence from your spouse such as:

• Tax returns
• Employment records
• School records
• Asset valuations
• Credit card statements
• Information about your real estate holdings

5. Settling Your Case

The vast majority of divorce cases in New Jersey ultimately settle, even if they are hotly contested in the beginning. The state provides a number of opportunities for the spouses to resolve their case outside of court, including an early settlement panel, economic mediation, and intensive settlement. Additionally, you and your spouse may reach an agreement with the help of your attorneys.

If at any point you and your spouse reach an agreement, you can prepare a property settlement agreement and ask the court to approve it during an uncontested hearing. If you and your spouse are unable to reach an agreement, you will proceed with trial.