In New Jersey, you (or your spouse) must generally have lived in the state for the full year before filing, and you must file in the Superior Court of New Jersey, Family Division, in the county where you last lived together as a couple. New Jersey lets you file on no-fault grounds — irreconcilable differences for at least 6 months, or living apart for at least 18 consecutive months — so you do not have to prove your spouse did anything wrong. Fault-based grounds, such as adultery, remain available too, and adultery is the one ground that skips the residency-time requirement. Filing triggers a paper trail: fees, service of the Summons and Complaint, and a proof-of-service deadline. Here is what New Jersey actually requires at each stage.
Residency: who can file for divorce in New Jersey
New Jersey requires that at least one spouse be a bona fide resident of the state for the one year immediately preceding the filing of the divorce complaint. This is a threshold requirement — the court generally will not let a case proceed on the merits unless it is satisfied. The one built-in exception is a divorce sought on the ground of adultery, which New Jersey allows without any residency-time requirement at all (N.J.S.A. 2A:34-10).
If you are unsure whether your living situation (a recent move, time spent out of state for work, a temporary separation) satisfies the one-year rule, this is a fact-specific question. Confirm your eligibility with the Family Division clerk in your county or a New Jersey family law attorney before you file — filing prematurely can create delays.
Grounds for divorce in New Jersey
New Jersey recognizes both no-fault and fault-based grounds for divorce under N.J.S.A. 2A:34-2. You choose the ground you allege in your complaint.
No-fault grounds
Irreconcilable differences: the differences must have caused the breakdown of the marriage for at least 6 months, with no reasonable prospect of reconciliation.
Separation: the spouses must have lived in different residences for at least 18 consecutive months.
Fault-based grounds
Adultery
Willful desertion for 12 or more months
Extreme cruelty
Addiction or habitual drunkenness for 12 or more months
Institutionalization for mental illness for 24 or more months
Imprisonment for 18 or more months
Deviant sexual conduct engaged in without the other spouse's consent
Most New Jersey filers choose a no-fault ground because it avoids the need to prove misconduct in court. Fault grounds can still matter in some circumstances, but that is a strategic decision to discuss with an attorney rather than something to decide from general information.
Where to file: which court and which county
Divorce (dissolution of marriage) cases in New Jersey are filed in the Superior Court of New Jersey, Family Division. Venue (the correct county) is generally the county where the spouses last lived together as a married couple. If the person filing (the plaintiff) has since moved out of New Jersey, the case is generally filed in the county where the other spouse (the defendant) currently lives.
What you can do in New Jersey: the filing steps
Confirm eligibility. Verify the one-year residency requirement is met (or that adultery applies as an exception), and decide which ground — no-fault or fault — fits your situation.
Prepare the required documents. New Jersey requires the Complaint, a Certification of Verification and Non-Collusion, a Summons, and a Confidential Litigant Information Sheet (CN 10486).
File in the correct county. Submit your paperwork to the Superior Court, Family Division, in the county where you and your spouse last lived together (or, if you've left the state, where your spouse currently lives).
Pay the filing fee. As the plaintiff, budget for the complaint filing fee; treat this and the other fees below as figures to reconfirm with the court, since court fees can change.
Serve your spouse. After filing, you (the plaintiff) must serve the Summons and Complaint on your spouse and then file proof of that service with the court — New Jersey requires this within 60 days of filing.
Complete the parents' education workshop, if applicable. Cases involving minor children generally require both parents to complete a parenting/education workshop, which carries its own modest fee.
Respond to any counter-filing. If you are served with a complaint (the defendant), you have your own fee to file a response.
Filing fees (time-sensitive — confirm current amounts with the court)
Flag: court fees change from time to time, so verify current amounts with the Superior Court, Family Division, before you budget for filing. At the time these materials were compiled: the plaintiff's complaint filing fee was $300; the defendant's (responding party's) filing fee was $175; and the required parents' education/parenting workshop fee was about $25.
After you file: service and the 60-day clock
Filing the complaint is only the first step. New Jersey requires the plaintiff to serve the Summons and Complaint on the other spouse and then file proof of that service with the court within 60 days of filing. This is another time-sensitive requirement — missing it can stall your case or require additional steps to get back on track. Keep a copy of everything you file and track your service date carefully.
Alimony: what changed and why specifics vary
New Jersey's alimony statute, N.J.S.A. 2A:34-23, was substantially amended in 2014. That amendment changed the types of alimony a court may award, established durational limits on alimony awards, and specifically addressed when alimony can be modified or terminated — for example, in connection with the paying spouse's retirement, a job loss or other reduction in income, or the receiving spouse cohabiting with a new partner. Because how these rules apply depends heavily on the length of the marriage, each spouse's income, and other individual facts, do not rely on general descriptions for your own alimony question — a New Jersey family law attorney or the Family Division can walk through how the current statute applies to your case.
If a spouse is in the military
Federal law provides extra protection when a spouse is on active military duty. Under the Servicemembers Civil Relief Act (50 U.S.C. § 3932), a servicemember whose military duties materially affect their ability to appear in a civil case — including a divorce, custody, or support case — can request a stay of at least 90 days. This exists so a deployed or active-duty spouse is not forced to litigate, or hit with a default judgment, while they cannot participate in the case.
Military retirement pay can also come up in a New Jersey divorce. Under the Uniformed Services Former Spouses' Protection Act (10 U.S.C. § 1408), state courts — including New Jersey's — may treat a servicemember's disposable retired pay as marital property subject to division. Direct payment to a former spouse through the Defense Finance and Accounting Service is available only if the couple was married 10 or more years overlapping 10 or more years of the servicemember's military service (the "10/10 rule"). This federal law does not entitle a spouse to any fixed share, such as half — how much, if any, a spouse receives is decided under New Jersey's own property-division rules.
When to talk to a New Jersey family law attorney
General information can help you understand the process, but a few situations call for individualized advice: uncertainty about whether you meet the one-year residency rule, disputes over which ground to allege, any issue involving alimony amount or duration, military-related deployment or retirement-pay questions, or any case involving custody or support of children alongside the divorce. A consultation with a New Jersey family law attorney, or a visit to your county's Family Division self-help resources, can clarify how these rules apply to your specific facts.
This article is for general information only and is not legal advice; consult a licensed New Jersey attorney about your specific situation.
Frequently asked questions
How long do I have to live in New Jersey before I can file for divorce?
As a general rule, at least one spouse must have been a bona fide resident of New Jersey for the full year right before the divorce complaint is filed. The one exception is a divorce filed on the ground of adultery, which does not have this residency-time requirement. Because eligibility depends on your specific facts, confirm your situation with the court or a family law attorney before filing.
Do I have to prove my spouse did something wrong to get divorced in New Jersey?
No. New Jersey allows no-fault divorce based on irreconcilable differences that have caused the marriage to break down for at least 6 months with no reasonable prospect of reconciliation, or based on living apart from your spouse for at least 18 consecutive months. You can also file on fault grounds such as adultery or extreme cruelty, but you are not required to.
Where do I actually file the divorce paperwork?
Divorce cases are filed in the Superior Court of New Jersey, Family Division, generally in the county where you and your spouse last lived together as a couple. If the person filing has since moved out of New Jersey, filing is generally in the county where the other spouse lives.
What does it cost to file for divorce in New Jersey?
Court fees can change, so treat these as a snapshot to confirm with the court: the plaintiff's (filer's) complaint filing fee has been $300, the defendant's (responding spouse's) fee has been $175, and the required parents' education/parenting workshop has cost about $25.
What happens if my spouse is on active military duty?
Under the federal Servicemembers Civil Relief Act, a servicemember whose military duties materially affect their ability to appear in court can request a stay (pause) of at least 90 days in the divorce case. This protects deployed or active-duty spouses from being forced to litigate, or from having a default judgment entered, while they can't participate.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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