New Jersey Divorce FAQ — Most Common Questions Answered (2026)
Answers to the most frequently asked questions about filing for divorce in New Jersey, including the Case Information Statement requirement, the Case Management Conference, no waiting period, and costs.
Disclaimer: This is general legal information, not legal advice. Consult a licensed NJ family law attorney for guidance on your specific situation.
Eligibility and Basics
Can I file for divorce in New Jersey without a lawyer? Yes. Self-representation (pro se) is permitted in NJ divorce proceedings. Uncontested divorces with an agreed PSA are manageable without an attorney. Complex property situations, business interests, significant alimony disputes, or contested custody cases benefit from professional representation.
What are NJ's residency requirements for divorce? At least one spouse must have lived in New Jersey continuously for at least 1 year before filing. Exception: if the ground is adultery committed in New Jersey, no prior residency period is required.
Where do I file for divorce in New Jersey? At the Family Part of the Superior Court in the county where you or your spouse currently lives. You can choose either county.
What grounds are available for divorce in NJ? New Jersey offers both no-fault and fault-based grounds. The most commonly used:
- Irreconcilable differences (no-fault) — breakdown of the marriage for at least 6 months
- 18-month separation (no-fault) — living separately for 18+ continuous months
- Fault grounds: adultery, desertion, extreme cruelty, addiction, institutionalization, imprisonment
Most DIY filers use irreconcilable differences.
Is there a waiting period after filing in NJ? No. New Jersey has no mandatory waiting period. The timeline after filing is driven by paperwork, court scheduling, and whether the case is contested.
The Case Information Statement (CIS)
What is the Case Information Statement? Form FA-A — a multi-page financial disclosure form required in virtually every New Jersey divorce. It covers your monthly income, monthly expenses, all assets, and all debts. Both spouses typically file their own CIS.
Why is the CIS so important? It is the factual foundation for all financial determinations in the case — alimony, equitable distribution, child support. Judges and attorneys rely on it heavily. An incomplete or inaccurate CIS creates credibility problems and can result in court sanctions.
Do I need to file a CIS if we have no assets and are waiving all financial claims? NJ courts typically still require the CIS even in cases where parties waive all financial claims. Confirm with your county Family Part whether any exemption applies when both parties jointly waive all financial matters.
What documents do I need to complete the CIS? Recent pay stubs (last 3), last 2 years of tax returns, bank statements (all accounts, last 3 months), retirement account statements, mortgage statement, vehicle loan statements, credit card statements, and a complete expense inventory.
The Case Management Conference (CMC)
What is a Case Management Conference? A brief court appearance automatically scheduled after both parties have appeared in the case. The judge or judge's designee reviews the case status, determines whether it is contested, and sets next steps.
What happens at the CMC? If you have a signed PSA: the case may be converted directly to the uncontested hearing track. If issues remain: the court sets a discovery schedule, refers to mediation, or addresses contested custody. For uncontested cases with a PSA in hand, the CMC is brief and straightforward.
Do I have to attend the CMC? Yes. Failing to appear can result in dismissal of your case or adverse orders.
How long after filing is the CMC scheduled? Varies by county — typically 4–10 weeks after both parties have appeared.
The Process
How much does it cost to file for divorce in NJ? $300–$325 for the filing fee. Additional costs: service ($75–$150), certified copies ($15–$40), PSA prep, QDRO if retirement accounts, deed transfer if real estate.
How long does NJ divorce take? No waiting period, but realistically: 3–6 months for an uncontested case from filing to Final Judgment. Contested cases: 12–36+ months.
What forms do I need to file? Complaint for Divorce (Form A), Case Information Statement (Form FA-A), Summons (issued by court), Confidential Litigant Information Sheet, Certification of Insurance Coverage. All free at njcourts.gov.
Does my spouse have to agree to the divorce? No. Your spouse can't block a NJ divorce filed on irreconcilable differences if you meet the residency requirement. Their non-participation leads to a default judgment.
What is a Property Settlement Agreement (PSA)? A private written contract signed by both spouses resolving all financial issues — property division, debt allocation, alimony, retirement accounts, and (if applicable) custody and child support. Incorporated into the Final Judgment of Divorce.
Property and Alimony
How does NJ divide property? Equitable distribution under N.J.S.A. 2A:34-23.1. Courts divide marital property fairly based on 16 statutory factors — not automatically 50/50. In an agreed divorce, the PSA governs the division.
What is marital property in NJ? Property acquired during the marriage by either spouse. Separate property (owned before marriage, inherited, or gifted during the marriage) is generally kept by the owning spouse.
What types of alimony does NJ recognize? Open durational alimony (formerly permanent), limited duration alimony, rehabilitative alimony, and reimbursement alimony. The type, amount, and duration are determined by factors in N.J.S.A. 2A:34-23. Address alimony or a mutual waiver explicitly in the PSA.
Does fault affect property or alimony in NJ? Fault generally has limited effect on property division but can be a factor in alimony determinations — particularly in cases involving adultery or other marital misconduct.
Children
Does NJ favor mothers in custody? No. NJ custody decisions are based on the best interests of the child under N.J.S.A. 9:2-4. Neither parent has a presumptive advantage based on gender.
What custody terms does NJ use? NJ uses "Parent of Primary Residence" (PPR) and "Parent of Alternate Residence" (PAR) rather than custodial/non-custodial parent, and "parenting time" rather than visitation.
How is child support calculated in NJ? Using the NJ Child Support Guidelines (Court Rule 5:6A and Appendix IX), which consider both parents' incomes, number of children, parenting time overnights, health insurance, and childcare costs. Use the calculator at njcourts.gov.
Until what age does NJ child support continue? Until age 18 and high school graduation — or potentially age 23 if the child is enrolled in a post-secondary educational program. NJ courts have broad authority to require parental contributions to college costs (the "Newburgh doctrine").
What if we disagree on custody? NJ courts refer disagreeing parents to Custody Mediation before scheduling a contested hearing. Most custody disputes in NJ are resolved through mediation. If mediation fails, the court may order a Best Interests evaluation.
After the Divorce
How do I change my name after a NJ divorce? Request name restoration in your Complaint for Divorce. The Final Judgment authorizes the change. Take a certified copy to the Social Security Administration, then the NJ Motor Vehicle Commission, then update accounts.
Can the PSA be modified after the divorce? Property division in the PSA/Judgment is generally final. Alimony may be modifiable depending on your PSA terms and the type of alimony. Child custody and support can be modified on a showing of substantial change in circumstances.
What if my ex violates the PSA? The PSA is incorporated into the Final Judgment of Divorce, making it a court order. Violations can be addressed through a motion for enforcement or contempt in the Superior Court.
Special Situations
What if my spouse is in another state? You can file in NJ if you meet NJ's residency requirements. Your out-of-state spouse can be served via certified mail or through a process server in their state.
What if my spouse is in the military? The Servicemembers Civil Relief Act (SCRA) may allow an active-duty spouse to request a stay of proceedings. Military retirement requires a special division order. Consult an attorney familiar with NJ military divorce.
What if there is domestic violence? 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). NJ has confidentiality protections for DV survivors. Seek legal guidance before filing.
Last reviewed: March 2026 | NJ Courts forms and self-help: njcourts.gov | Legal Services NJ: lsnj.org | NJ Bar referral: njsba.com
Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.