Starting the Divorce Process in New Jersey

Deciding to end a marriage is one of the most difficult life decisions you can face. Beyond the emotional weight, the legal process can feel like a tangled web of paperwork and court rules. In New Jersey, we follow specific procedures to ensure a case is initiated correctly.

If you are considering filing for divorce in the Garden State, here is a breakdown of how the process begins.

1. Confirming Eligibility (Jurisdiction)

Before you file, you must ensure New Jersey has the authority to hear your case. Generally, at least one spouse must have lived in New Jersey for at least one year prior to filing. There are limited exceptions to this rule based on the grounds for divorce.

2. Identifying Your Grounds for Divorce

New Jersey allows both “No-Fault” and “Fault-Based” divorces. However, the vast majority of cases proceed on a “no fault basis” known as “irreconcilable differences.” This occurs when the the marriage has been broken for at least six months before the filing of the Complaint and there is no prospect of reconciliation between you and your spouse.

Fault based divorces, though far less common, include extreme cruelty, and adultery, among others. While these are available, they often increase litigation costs and emotional strain without necessarily changing the final financial outcome.

3. Preparing the Initial Court Documents

To start the case, your attorney will draft a Complaint for Divorce. This document outlines the “who, what, and why” of the case and asks the court for specific relief (such as custody, parenting time, child support, alimony, and the division of assets and liabilities).

In addition to the Complaint, you must file several supporting documents, including:

• Confidential Litigant Information Sheet: Containing background information of the parties.
• Certification of Insurance: Confirming existing insurance coverage (health, life, automotive, etc.) as of the date of the filing of the Complaint which cannot be changed without a Court Order or other agreement of the parties.
• Certification of Dispute Resolution: An acknowledgment that you are aware of alternatives to trial, such as mediation, which can be far less costly and adversarial.

4. Filing with the Superior Court

Once the Complaint and related documents are finalized, the paperwork is filed with the Superior Court of New Jersey. The Complaint is filed electronically through the Judiciary Electronic Documentation Submission (“JEDS”) system on the Court’s website. There is a mandatory filing fee for the divorce, with an additional charge if you share children,  as you will be required to attend a parenting course as part of the case.

5. Serving Your Spouse

After you have initiated the case by filing the Complaint for Divorce, you must legally notify your spouse. This is called Service of Process. This can be done in different ways:

• Acknowledgment of Service: If your spouse is cooperative, they (or their lawyer) can sign a document acknowledging they received the Complaint, saving you the cost of a process server.
• Personal Service: If your spouse will not voluntarily acknowledge service, the Complaint must be hand delivered directly to your spouse.

Once served, your spouse has 35 days to file a “Responsive Pleading” (generally an Answer to the Complaint and/or a Counterclaim). If they do nothing, you may be able to proceed with a “Default Hearing.”

Why the First Step Matters

The way you initiate a divorce sets the tone for the entire proceeding. Properly filing the Complaint and associated paperwork can prevent delays and unnecessary conflicts down the road.

While you can file for divorce on your own (known as filing pro se), the complexities of New Jersey family law, especially regarding Child Custody/Parenting Time, Equitable Distribution, and Support Issues, make having an experienced advocate in your corner invaluable.