New Jersey | Divorce.Pro

Uncontested Divorce in New Jersey

To qualify for an uncontested divorce (called “dissolution of marriage”) in New Jersey, the following must apply:

Residency:
- At least one spouse must have lived in New Jersey for at least 12 consecutive months before filing the divorce complaint.
Grounds for Divorce
New Jersey allows no-fault divorce based on:
- Irreconcilable differences that have lasted for at least 6 months, or
- 18 months of separation without cohabitation.
Full Agreement:

To proceed uncontested, both spouses must agree on all terms, including:
- Division of marital property and debts
- Spousal support (alimony), if applicable
- Child custody, parenting time, and child support (if there are children)

Required forms include:

2. File the Complaint

File your documents with the Family Division of the Superior Court in the county where either spouse resides.
Pay the filing fee: $300
Include an additional $25 if requesting custody or parenting time
Apply for a fee waiver (In Forma Pauperis) if you can't afford the filing fee

3. Serve the Other Spouse

If filing jointly, no service is necessary
If filing individually, you must serve your spouse using:
- Certified mail, or Personal service through a sheriff or private process server

4. Wait for Response or Default

5. Request and Attend Final Hearing

If all agreements are submitted and approved, the court will schedule a brief hearing
The judge reviews your paperwork and may ask a few simple questions
If all is in order, the judge issues the Final Judgment of Divorce

With Children:
- Must file a Parenting Plan, Child Support Worksheet, and attend a Parenting Education Program if required
- Court ensures that child custody and support arrangements are in the best interest of the child
Property Division:
- New Jersey uses equitable distribution, meaning marital assets and debts are divided fairly, but not necessarily 50/50
Legal Advice Recommended:
- While not required, it's wise to have a lawyer review your settlement agreement, especially with real estate, pensions, or parenting plans involved