MaritalLaws
New Jersey
Divorce Law Guide
New Jersey Divorce Guide :: Table of Contents
New Jersey Divorce Overview
The facts about divorce in New Jersey
Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptible grounds for divorce vary from state to state.
In New Jersey, a divorce can be completed on average in a minimum of 360 days, with court fees of $250.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in New Jersey for a minimum of twelve months.
On this page, you can learn about New Jersey's grounds for divorce, how the divorce process works, and about other parts of the divorce process, such as New Jersey alimony calculation, the property division process and more.
New Jersey Divorce Court Considerations Table
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New Jersey Divorce Law Summary
What is the Criteria for Divorce?
For New Jersey, one of the spouses must have lived in the state for one year before they can file for divorce. This also applies to members of the Armed Forces that are stationed in the state.
New Jersey only recognizes reasons for divorce as:
a. Adultery;
b. Willful and continued desertion for the term of 12 or more months, which may be established by satisfactory proof that the parties have ceased to cohabit as man and wife;
c. Extreme cruelty, which is defined as including any physical or mental cruelty which endangers the safety or health of the plaintiff or makes it improper or unreasonable to expect the plaintiff to continue to cohabit with the defendant; provided that no complaint for divorce shall be filed until after 3 months from the date of the last act of cruelty complained of in the complaint, but this provision shall not be held to apply to any counterclaim;
d. Separation, provided that the husband and wife have lived separate and apart in different habitations for a period of at least 18 or more consecutive months and there is no reasonable prospect of reconciliation; provided, further that after the 18-month period there shall be a presumption that there is no reasonable prospect of reconciliation;
e. Voluntarily induced addiction or habituation to any narcotic drug as defined in the New Jersey Controlled Dangerous Substances Act, P.L.1970, c. 226 or habitual drunkenness for a period of 12 or more consecutive months after marriage and next preceding the filing of the complaint;
f. Institutionalization for mental illness for a period of 24 or more consecutive months after marriage and next preceding the filing of the complaint;
g. Imprisonment of the defendant for 18 or more consecutive months after marriage, provided that where the action is not commenced until after the defendant's release, the parties have not resumed cohabitation following such imprisonment;
h. Deviant sexual conduct voluntarily performed by the defendant without the consent of the plaintiff. (New Jersey Statutes - Title 2 A - Chapters: 34-2
New Jersey Divorce Guide - Frequently Asked Questions
In state of New Jersey a number of factors are taken into account when ending a marriage.
1. New Jersey Grounds for Divorce FAQ
- Is New Jersey a no-fault divorce state?
- Does New Jersey allow at-fault divorces?
- Does the state of New Jersey allow incompatibility as grounds for divorce?
- Can you get a divorce in New Jersey for living separate and apart?
2. New Jersey Divorce Process FAQ
- Does state of New Jersey allow legal separation?
- What's the difference between a divorce and an annulment?
- How long do I have to live in in the state of New Jersey to get a divorce?
- What is the filing fee for a divorce in New Jersey?
- How long does it take to get a divorce in New Jersey?
3. New Jersey General Divorce FAQ
1. New Jersey Grounds for Divorce FAQ
Is New Jersey a no-fault divorce state?
New Jersey allows no-fault divorces, which means that a divorce is granted without establishing the fault of either spouse for causing the divorce. Grounds for a no-fault divorce in New Jersey may be "irreconcilable differences", or similar grounds.
Does New Jersey allow at-fault divorces?
In addition to no-fault grounds for divorce, New Jersey is a fault divorce state which provides the option to file for a traditional at-fault divorce. Suing for an at-fault divorce alleges that the filer's spouse is the cause of the divorce due to engaging in one of New Jersey's at-fault divorce grounds, such as adultery, abuse, or insanity.
In some cases, an at-fault divorce is pursued because it can entitle the suing spouse to a greater share of marital property or even punitive alimony payments if their partner's fault is proven. If their spouse contests these allegations, they may be challenged in court, which can lead to a lengthy and expensive legal process.
Does the state of New Jersey allow incompatibility as grounds for divorce?
Yes, New Jersey does allow incompatibility to be used as grounds for having a divorce.
Can you get a divorce in New Jersey for living separate and apart?
In divorce law, "living seperate and apart" refers to married spouses who are living separate from each other, not engaging in a traditional marital relationship, and do not intend to repair the marriage.
In New Jersey, married couples who have been living separate and apart for a minimum of eighteen months may be granted a divorce on these grounds when sued for by either spouse.
2. New Jersey Divorce Process FAQ
Does state of New Jersey allow legal separation?
Legal separation (otherwise known as "judicial separation") is a legal process that enables spouses to be de facto separated while remaining legally married.
In some cases, New Jersey will grant a judicial separation court order to a married couple who wishes to live separately. This order may settle issues generally handled in a divorce such as property division and alimony. A legal separation may be followed up by a full divorce, or the spouses may later reconcile and end the separation while remaining legally married.
What's the difference between a divorce and an annulment in New Jersey?
While a divorce is the process of exiting a legally valid marriage, an annulment is the process of rendering a marriage null and void. An annulment makes it legally as if a marriage never took place to begin with.
Generally, annulment is used to conclude a marriage that should not have been legally recognized in the first place, such as a marriage where one of the spouses was unable to consent (by virtue of being underage, due to mental incapacity, or even intoxication), a marriage that was entered into under duress or via fraudulent means, or when one of the spouses was already legally married.
How long do I have to live in in the state of New Jersey to get a divorce?
The state of New Jersey requires that spouses suing for divorce to have lived in the state for a minimum of twelve months prior to filing divorce papers. Otherwise, New Jersey courts are not considered to have jurisdiction over the divorce case.
What is the filing fee for a divorce in New Jersey?
The court fees for filing the paperwork for a basic divorce in a New Jersey court is $250.00. However, the total costs for a divorce can be much higher - especially in the case of a contested divorce, where attorney fees and mediation costs average from $15,000 to $20,000 or more.
How long does it take to get a divorce in New Jersey?
If the process moves along without holdups, the paperwork for a divorce in New Jersey can be processed in a minimum of 360 days. However, if the spouses are not in agreement about the divorce process, a contested divorce can take significantly longer.
3. New Jersey General Divorce FAQ
Can my spouse stop me from getting a divorce?
Even if one spouse is opposed to getting a divorce, they cannot stop their partner from filing for and receiving a divorce in New Jersey. While filing a non-contested joint petition for divorce speeds up the process, either spouse can file for divorce individually at any time.
New Jersey permits spouses to sue for an at-fault divorce, and in this case their partner can contest the allegations in court. A non-fault petition for divorce, however, can generally not be contested by an unwilling spouse in New Jersey.
Does New Jersey have any limitations on remarriage after a divorce?
New Jersey has no mandatory waiting period between the finalization of a divorce and either of the ex-spouses getting remarried. Remarriage following a divorce may affect the continued payment of alimony.
What is the divorce rate in New Jersey?
According to the most recent CDC study, the yearly divorce rate in New Jersey is 6 per 1,000 total population. The national divorce rate is 6.9 per 1,000 total population. Various studies suggest that nationwide, 30% to 50% of all marriages end in divorce.
Does New Jersey recognize same sex divorces?
Since same-sex marriage was legalized nationwide in 2015, all states that previously did not allow same sex marriages, including New Jersey, are required by federal law to perform both same sex marriages and same sex divorces. In some cases, court forms or procedures may still need to be updated to support same sex couples.