Divorce in New Jersey: Laws, Requirements, and Process
A complete guide to getting a divorce in New Jersey. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Equitable distribution.
- Residency requirement: 12 months in the state (except for adultery grounds).
- Waiting period: No mandatory waiting period after filing.
- Filing fee: $300 - $350.
Grounds for Divorce
New Jersey allows no-fault divorce. The no-fault ground is: Irreconcilable differences for 6 months.
Fault-Based Grounds
New Jersey also recognizes these fault-based grounds for divorce:
- Adultery
- Willful and continued desertion for 12 months
- Extreme cruelty (physical or mental)
- Separation for 18 or more consecutive months
- Habitual drunkenness for 12 or more consecutive months
- Institutionalization for mental illness for 24 or more consecutive months
- Imprisonment for 18 or more consecutive months
- Deviant sexual conduct
Residency Requirements
12 months in the state (except for adultery grounds).
Property Division
New Jersey is an equitable distribution state. New Jersey follows equitable distribution. Courts divide marital property fairly based on factors including the duration of the marriage, the age and health of the parties, the income and earning capacity of each party, the standard of living during the marriage, the economic circumstances of each party, and the contribution of each party as homemaker.
Alimony / Spousal Support
New Jersey courts may award several types of alimony: open durational (for marriages of 20+ years), limited duration, rehabilitative, and reimbursement. Courts consider the actual need and ability to pay, the duration of the marriage, the age and health of each party, the earning capacity of each party, and the standard of living during the marriage.
Child Custody
New Jersey courts determine custody based on the best interest of the child. Factors include the parents' ability to agree and cooperate, the quality of the home environment, the preference of the child (if of sufficient age), the stability of the home, the fitness of the parents, and the geographic proximity of the parents' homes.
Child Support
New Jersey uses the income shares model. Child support guidelines consider both parents' net incomes, the number of children, the parenting time schedule, and costs for health insurance, childcare, and other expenses.
Filing Fee
The filing fee for divorce in New Jersey is $300 - $350. Fee waivers may be available for those who cannot afford to pay.
New Jersey court divorce resources
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in New Jersey?
New Jersey allows no-fault divorce based on irreconcilable differences that have existed for at least 6 months. The state also recognizes fault-based grounds including adultery, desertion, extreme cruelty, separation, habitual drunkenness, institutionalization, and imprisonment.
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How long do you have to live in New Jersey to file for divorce?
At least one spouse must have been a resident of New Jersey for at least 12 months before filing, except for divorces based on adultery, which have no residency requirement.
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How is property divided in a New Jersey divorce?
New Jersey uses equitable distribution. Courts divide marital property fairly based on the length of the marriage, each party's income and earning capacity, the standard of living during the marriage, and each spouse's contributions.
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How long does a divorce take in New Jersey?
New Jersey has no mandatory waiting period after filing. Uncontested divorces can be finalized in approximately 2 to 4 months. Contested cases often take 9 months to over a year.