New Jersey Divorce Self-Help Tools

The timeline for a divorce in New Jersey varies. An uncontested divorce without children can be finalized in about 30 days. If children are involved, an uncontested divorce typically takes 60 days due to a mandatory waiting period. Contested divorces, which involve disputes over property, alimony, or child custody, can take several months to over a year to resolve.

While it is not legally required to have a lawyer to get divorced in New Jersey, the courts and legal professionals highly recommend seeking legal counsel due to the complexity of the process. A lawyer can provide valuable guidance, ensure your rights are protected, and help navigate issues such as property division, alimony, and child custody.

Yes, New Jersey is a no-fault divorce state. You can file for divorce based on 'irreconcilable differences,' which means the differences have existed for at least six months with no reasonable prospect of reconciliation. Another no-fault ground is 'separation,' where spouses have lived apart for at least 18 consecutive months. Fault-based grounds, such as adultery or extreme cruelty, also exist but are less commonly used.

New Jersey follows the principle of equitable distribution for marital property. This means that marital assets and debts are divided fairly, but not necessarily equally (50/50), between the spouses. The court considers various factors when determining an equitable distribution, including the duration of the marriage, the age and health of the parties, their economic circumstances, and contributions to the marriage (N.J.S.A. 2A:34-23.1).

To file for divorce in New Jersey, at least one spouse must have been a resident of the state for a minimum of one year prior to filing. The only exception to this one-year residency requirement is if the grounds for divorce are adultery, in which case at least one spouse must be a New Jersey resident for any amount of time (N.J. Stat. § 2A:34-10).