Am I Eligible to File for Divorce in New Jersey? (2026 Self-Assessment)

Work through these questions before filing. They cover the legal requirements for a New Jersey divorce and will tell you exactly where you stand.

Disclaimer: This is general legal information, not legal advice. Consult a licensed NJ family law attorney for guidance on your specific situation.

Section 1: Residency

1. Has at least one of you lived in New Jersey continuously for at least 1 year before filing?

• Yes → you meet the residency requirement; proceed
• No → wait until the 1-year mark (or consider whether the adultery exception applies — see below)
• Exception: If your ground is adultery committed in New Jersey, no prior residency is required

2. Do you know which county you'll file in?

• You file in the county where either spouse currently lives — your choice if you live in different counties
• There is no separate county residency requirement (just state residency)

Section 2: Grounds for Divorce

3. Which ground will you use?

New Jersey allows several grounds. Most DIY filers use irreconcilable differences.

4. If using irreconcilable differences: have irreconcilable differences existed for at least 6 months?

• Yes → state this in your Complaint
• No → wait until the 6-month mark has passed

Section 3: The Case Information Statement (CIS) — Critical

The Case Information Statement (Form FA-A) is required in virtually every New Jersey divorce. It is a detailed financial disclosure covering your income, expenses, assets, and debts. Courts and opposing parties rely on it for support and property division determinations.

5. Do you know your current monthly gross income from all sources?

• Salary, wages, bonuses, commissions, self-employment income, rental income, investment income, pension/retirement income

6. Do you have documentation of your income?

• Most recent 2–3 pay stubs
• Most recent 2 years of federal and state tax returns
• If self-employed: business financial statements

7. Can you list your monthly household expenses?

• Rent/mortgage, utilities, food, transportation, insurance, clothing, medical, childcare, entertainment, etc.

8. Do you have a complete list of all marital assets?

• Real estate (value and mortgage balance)
• Bank and investment accounts (all of them)
• Retirement accounts (401k, IRA, pension — current balances)
• Vehicles (value and loan balance)
• Business interests
• Other significant assets

9. Do you have a complete list of all marital debts?

• Mortgage(s)
• Auto loans
• Credit card balances
• Student loans
• Personal loans
• Other obligations

If you answered No to any of questions 5–9, gather that information before filing. An incomplete or inaccurate CIS can create problems throughout the case.

Section 4: Property

10. Have you and your spouse discussed how to divide marital property?

• Yes, we agree → a Property Settlement Agreement (PSA) is the next step
• Not yet → resolution is needed before the Final Judgment can be entered
• We disagree → your divorce is contested on property; consider mediation before litigation

11. Do you have any of the following? (Each requires additional steps)

12. Does either spouse want alimony?

• No → include a mutual waiver in the PSA
• Yes → NJ recognizes multiple types: open durational, limited duration, rehabilitative, reimbursement. Address type, amount, and duration in the PSA. The CIS is critical for any alimony determination.

Section 5: Children

13. Do you have minor children together?

• No → skip to Section 6
• Yes → custody, parenting time, and child support must be addressed in your PSA or a separate parenting agreement. The court will not enter a Final Judgment without a plan for the children.

14. Have you and your spouse agreed on legal and physical custody?

• Yes → document it in a detailed Parenting Plan as part of the PSA
• No → the court may refer you to mediation. Contested custody in NJ involves Custody Mediation and potentially a Best Interests evaluation.

15. Have you calculated child support under the NJ Child Support Guidelines?

• Yes → attach the worksheet to your Consent Order
• Not yet → use the NJ Child Support Guidelines calculator at njcourts.gov. Courts expect compliance with the guidelines or written deviation findings.

Section 6: Safety

16. Is there domestic violence or a history of abuse in the marriage?

• No → proceed
• Yes → your safety is the priority. NJ has Temporary Restraining Orders (TROs) available through the Family Part. Call the NJ DV Hotline: 1-800-572-7233. DV survivors should seek legal guidance before filing.

Section 7: Practical Readiness

17. Have you identified which county Superior Court serves your area?

• Yes → file there
• No → look up your county at njcourts.gov

18. Do you have $300–$325 for the filing fee (or plan to request a fee waiver)?

• Yes → proceed
• No → ask the clerk about the fee waiver process

Your Result

Ready to file: You meet residency, have a ground, can complete the CIS, and have either an agreed PSA or no contested issues → start with the Checklist.

Need to complete the CIS first: You're eligible but haven't gathered financial documents → collect documents, then file.

Have minor children with no custody agreement: Address custody and support before the final hearing — the court won't finalize without a plan.

Residency not yet met: Wait until the 1-year mark; plan the rest of the process in the meantime.

Contested property or support: Consider a one-time consultation with a NJ family law attorney before filing.

Last reviewed: March 2026 | NJ Courts self-help: njcourts.gov/selfhelp

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.