Following the decision to get a divorce, it’s common to feel afraid, overwhelmed, and confused by the process.

“Where do I begin?”

“What should I expect during the process?”

“How complicated will it be?”

Many people seeking a divorce have these questions and more when they start the process. Knowing what the initial steps for filing for divorce in New Jersey and what the process looks like can help ease the uncertainty you may be feeling right now. Our Chester divorce lawyers are here to guide you through the process with this guide on how to file for divorce.

Getting Started

To file for a New Jersey divorce, you must meet the residency requirement and complete the “Complaint for Divorce” document that states details about each spouse and their marriage as well as includes the grounds for divorce.

Residency Requirements

First, the residency requirement must be met in order to start the process of divorce in New Jersey. Either spouse must have lived in New Jersey for at least one year before filing for a divorce. However, there is an exception to this rule. If you’re filing for divorce because your spouse committed adultery, only one spouse must be a New Jersey resident. This can be for any amount of time or less than one year.

Complaint for Divorce

The official Complaint for Divorce is what you will need to file with the court to get the process started. In this document, you will need to provide the following information:

  • The names and addresses of you and your spouse
  • The date and place of your marriage
  • Whether your marriage ceremony was civil or religious
  • The names of any children born or adopted during your marriage
  • List any previous court proceedings, like domestic abuse matters
  • The grounds for divorce
  • Any other essential information

In addition to the complaint, you will need to fill out the Confident Litigant Information Sheet, Certificate of Insurance Coverage, and the CDR Certification. Once all of these forms are completed, you will be able to file them with the court.

Grounds for Divorce

When you file for divorce, you must state what the grounds are, also known as the reason you are seeking a divorce. The grounds for divorce can be fault or no-fault based.

New Jersey accepts the following grounds for divorce:

  • Irreconcilable differences – there is a breakdown of the marriage due to not getting along for six months or longer, and there is no reasonable belief that there will be a reconciliation. This is considered to be a “no-fault” divorce.
  • Adultery – when one spouse cheats on the other.
  • Abandonment – when one spouse leaves the marital home for 12 months or longer.
  • Extreme cruelty – when one spouse treats the other in a way that is endangering their life or health, or it is unbearable to continue living with them. If filing under these grounds, there must be a three month waiting period between filing and the date of the last incident of cruelty. However, if you are counterclaiming your spouse’s divorce petition, you do not have to wait for three months to include this ground.
  • Separation – when the spouses do not live together in the marital home for at least 18 consecutive months or longer, and there is no reasonable belief that there will be a reconciliation between the two.
  • Addiction to drugs or habitual drunkenness – when one spouse has substance abuse issues that goes on for 12 or more consecutive months after marriage and before filing for divorce.
  • Institutionalization for mental illness – when one spouse is in a mental institution for 24 or more consecutive months after marriage and before filing for the divorce proceedings.
  • Imprisonment – when one spouse is sentenced to jail for 18 or more consecutive months after marriage and before filing for divorce. This ground can be filed after the spouse is released from jail, but it must be proven that the spouses didn’t cohabitate together after they were released from jail.
  • Deviant sexual conduct – when one spouse commits deviant sexual conduct on the other without their consent.

Serving the Divorce Papers

After your paperwork is processed, you will receive copies of them that you will need to serve to your spouse to let them know you are filing for divorce. Be sure to make copies of everything before you do this.

There are a few different methods you can use to deliver your divorce papers, like sending it through certified mail or their attorney. If you are unsure about the best delivery method, your attorney will be able to assist you with this.

Once the papers are served, you will need to obtain proof of service to ensure they were delivered. At this point, your spouse will now have 35 days to respond to your complaint. They can respond in a few different ways.

One option is by filing an appearance if they object to what you are asking for, or they can answer the complaint if they agree or disagree with any of your statements. Lastly, they may file a counterclaim in which they state new grounds for divorce.

What’s Next?

With the Complaint for Divorce filed and served and your spouse’s response or lack of response is accounted for, you are ready to begin the New Jersey divorce process. From this point, you will start gathering information about your finances, property, and children that are relevant to the legal matters involved in a divorce.

The goal is to reach a settlement agreement. Once this is made, your divorce will be finalized in New Jersey. Depending on the case, this process can range from relatively simple to overly complicated. Spouses that ended terms amicably are more likely to reach a favorable settlement, which means the process will be pretty straightforward.

However, if you and your spouse cannot come to an agreement, you will need to go through meditation or an intensive settlement conference. Reaching an agreement through these methods will prevent you and your spouse from needing to go to trial. Unfortunately, in some cases, this does not work out, and going to trial is the only option left.

Child Support in New Jersey

Child support in New Jersey is a critical component of the divorce process, ensuring that children’s needs are met financially after parents separate. Under New Jersey divorce laws, both parents are responsible for contributing to their child’s upbringing, regardless of custody arrangements.

The New Jersey courts use specific guidelines to calculate child support payments, considering factors such as each parent’s income, the child’s needs, and the amount of parenting time each parent has. This support is designed to cover essentials like housing, food, education, and healthcare.

It’s important for parents to understand their legal rights and obligations regarding child support to ensure the best interests of their children are

Child Custody in New Jersey

Child custody in New Jersey is a vital aspect of the divorce process, focusing on the best interests of the child. New Jersey divorce laws emphasize shared custody arrangements, encouraging both parents to actively participate in their child’s upbringing.

The courts consider various factors when determining custody, such as the child’s needs, the parents’ ability to cooperate, and any history of domestic violence or substance abuse.

When addressing child custody matters, New Jersey courts typically evaluate the following:

  • The child’s relationship with each parent
  • The child’s age, health, and preferences (if of sufficient age and maturity)
  • Each parent’s ability to provide a stable and loving environment
  • The geographical proximity of the parents’ residences
  • The parents’ work schedules and availability
  • Any history of domestic violence or abuse

Understanding these factors is crucial for parents to ensure that their legal rights are protected and that they can provide the best possible outcome for their children.

Types of Alimony in New Jersey

In New Jersey, alimony is a form of financial support that one spouse may be required to pay to the other during or after a divorce. The purpose of alimony is to help the dependent spouse maintain a lifestyle similar to that enjoyed during the marriage.

New Jersey divorce laws recognize several types of alimony, each serving different needs and circumstances. These include open durational alimony, limited duration alimony, rehabilitative alimony, reimbursement alimony, and temporary alimony, also known as pendente lite alimony.

The type and duration of alimony awarded depend on various factors, such as the length of the marriage, the financial needs and resources of each spouse, and the standard of living established during the marriage.

  1. Open Durational Alimony: Typically awarded in long-term marriages, this form of alimony has no fixed end date and continues until a significant change in circumstances occurs, such as retirement or remarriage of the dependent spouse.
  2. Limited Duration Alimony: Designed for shorter marriages, this alimony is awarded for a set period, allowing the dependent spouse time to become self-sufficient.
  3. Rehabilitative Alimony: This type of alimony supports a spouse while they gain education or training necessary to become financially independent.
  4. Reimbursement Alimony: Awarded when one spouse has supported the other through education or training during the marriage, with the expectation of sharing in future financial benefits.
  5. Temporary Alimony (Pendente Lite): Provided during the divorce proceedings to maintain the financial status quo until a final settlement is reached.

Protect Your Best Interests with a Skilled New Jersey Divorce Attorney

During this process, you need to be entirely sure that you have filled everything out correctly and accurately. The divorce process can be very complicated, and making any errors could cost you more time and money in the long run.

Because of this, it is in your best interest to seek legal advice from a Chester divorce lawyer. By speaking to an attorney with experience in handling these types of matters, you can be certain that you are following the best course of action for your divorce in New Jersey.

At Edens Law Group, we understand how overwhelming all of this information can be, and you shouldn’t have to go through this difficult life-changing process alone. Our firm is dedicated to providing you with experienced and compassionate counsel from start to finish in order to achieve the results you need to move forward.

Divorce in New Jersey doesn’t have to destroy. Call Edens Law Group today at for superior and caring representation.

Summary: Navigating Divorce in New Jersey

Divorce in New Jersey involves a structured legal process that requires understanding residency requirements, filing the necessary paperwork, and determining grounds for divorce. The process includes serving divorce papers, addressing child custody and support, and resolving alimony issues. New Jersey courts emphasize shared custody and equitable distribution of assets. Various types of alimony, such as open durational, limited duration, and rehabilitative, cater to different circumstances. Engaging a skilled divorce attorney can ensure that you navigate these complexities effectively, protecting your interests and those of your children.

Key Points:

  • Residency Requirements: At least one spouse must have lived in New Jersey for a year before filing, with exceptions for adultery cases.
  • Filing for Divorce: Requires completing a Complaint for Divorce with details about the marriage and grounds for divorce.
  • Grounds for Divorce: Includes no-fault (irreconcilable differences) and fault-based reasons (adultery, abandonment, etc.).
  • Serving Divorce Papers: Papers must be served to the spouse, who then has 35 days to respond.
  • Child Support and Custody: Both parents contribute to child support, and shared custody is encouraged.
  • Alimony Types: Includes open durational, limited duration, rehabilitative, reimbursement, and temporary alimony.
  • Legal Assistance: Consulting with a divorce attorney is crucial for navigating the divorce process effectively.