Complete Divorce Handbook
Every New Jersey divorce is filed in the Superior Court, Chancery Division, Family Part (docket prefix FM). This handbook covers both uncontested and contested cases — form names and numbers (CN), governing statutes and court rules (N.J.S.A. / Court Rule), the step-by-step procedure, and the substance: property division, alimony, custody, child support, special situations, and post-judgment cleanup. Most fully-settled cases finish with no court appearance. Information only, not legal advice; court fees and form numbers change, so confirm with the county Family Part before filing.
- • Residency: one spouse must have lived in NJ for 12 consecutive months before filing — adultery is the only exception. (N.J.S.A. 2A:34-10)
- • No-fault ground: irreconcilable differences for 6+ months. (N.J.S.A. 2A:34-2(i)) — no separation or fault to prove.
- • No post-filing waiting period: the 6 months is a pre-filing condition on the ground.
- • Court: the Family Part of your county (Superior Court, Chancery Division).
- • Complaint (plaintiff): $300 (+$25 Parents’ Education fee if minor children → $325).
- • Defendant’s first response (answer / counterclaim / appearance): $175 (+$25 if children → $200).
- • Family motion or Order to Show Cause: $50 each.
- • Certified copy of the judgment: $25 (certified with seal) / $15 (certified copy) / $10 (affixing seal).
- • Fee waiver: household income ≤150% of the federal poverty level AND liquid assets ≤$2,500 (Form CN 11208).
- • Note: court fees change — confirm with the county before filing.
Fully settled (MSA pre-signed), no children: about 2–4 months (fastest via the “on the papers” route). Default: a few months, gated by the 35-day non-response window plus a 20-day notice period. Contested: case-management conference (~30 days) → discovery (90 days expedited / 120 standard) → Early Settlement Panel + economic mediation → trial, commonly 10–18+ months. The biggest delay is an incomplete MSA.