Divorce in New Jersey
New Jersey allows both fault and no-fault grounds for divorce. The state uses equitable distribution for property division and requires at least one spouse to have been a New Jersey resident for 12 months before filing. No-fault divorce is based on irreconcilable differences lasting at least six months.
Quick Facts
Residency Requirement
12 months residency required
Waiting Period
None after filing
Filing Fee
$300-$350
Property Division
equitable distribution
Grounds for Divorce
- •Irreconcilable differences for 6 months
- •Separation for 18 months
- •Adultery
- •Extreme cruelty
Key Facts
- ★New Jersey requires 12 months of residency before filing for divorce
- ★No-fault divorce requires irreconcilable differences lasting at least 6 months
- ★Property is divided by equitable distribution
- ★New Jersey has no mandatory waiting period after filing
- ★The state reformed its alimony laws in 2014, generally eliminating permanent alimony
Child Custody
New Jersey courts determine custody based on the best interests of the child. The court considers the parents' ability to communicate and cooperate, the needs of the child, the stability of the home environment, any history of domestic violence, and the preference of the child if of sufficient age.
Alimony / Spousal Support
New Jersey reformed its alimony laws in 2014. Permanent alimony is generally no longer available for marriages under 20 years. The state offers open durational, limited duration, rehabilitative, and reimbursement alimony. Alimony typically terminates when the payor reaches full retirement age.
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Common questions about divorce in New Jersey
Permanent alimony was largely eliminated in New Jersey in 2014. For marriages of less than 20 years, alimony duration generally cannot exceed the length of the marriage. For marriages over 20 years, 'open durational' alimony may be awarded but can be modified based on changed circumstances.
New Jersey uses equitable distribution, dividing marital property fairly based on factors including the duration of the marriage, the income and earning capacity of each spouse, the standard of living during the marriage, and each party's contributions to the marriage.