Filing for Divorce in NJ

If you or your spouse have resided in the state of NJ for at least one year, you are eligible to file for divorce in NJ. You must also have grounds (a legally valid reason) to end your marriage. Grounds may range from adultery and abuse to basic irreconcilable differences. Just like any other lawsuit, divorces must be filed in civil court. The necessary paperwork and procedures you need to follow may vary depending on your circumstances. For example, the procedures for filing for an uncontested divorce (one where both parties agree on the key terms of the divorce) will vary from the procedures of a contested divorce. Furthermore, a divorce involving children and child support issues has additional filing requirements than a divorce involving a childless marriage.

If you are the plaintiff, the person initiating the divorce, the first step to filing for a divorce is collecting and completing the necessary forms that can be obtained from your county’s clerk’s office.  If you live in Monmouth County, your divorce will be processed through the Monmouth County Courthouse located in Freehold. If you live in Ocean County, your divorce will be processed through the Ocean County Courthouse located in Toms River.  Once you have obtained the necessary paperwork, you will need to draft a complaint. A complaint is a legal document that states your reason for the divorce and what you want out of the divorce. The complaint must include the full names and addresses of both spouses and any children from the marriage.  You will also be required to obtain a certification of insurance (a document that lists all insurance policies pertaining to the family) and a case information statement (a document that details all the financial aspects of your case, such as income, living expenses, investments, properties, etc).   A summons must then be prepared in order to notify your spouse that you have filed for a divorce.  Once all these documents have been filed at the correct courthouse, it is time to serve the defendant (your spouse) with the divorce papers. The summons, along with a copy of the complaint, can be mailed to or delivered in person to the defendant.

After the divorce papers have been served, you and your spouse will need to file a property settlement agreement. This document details all the provisions of your divorce, ranging from the division of assets to alimony and child support payments and custody arrangements.

If the divorce is uncontested, the process will be quicker and easier. A final hearing will then be scheduled in which a judge will verify all the completed paperwork, make sure the agreement is fair and sign the final divorce decree.   Once the divorce decree is signed, you are officially divorced. The county clerk will provide you with a copy of your divorce decree which will also be archived in the vital records office in your county courthouse.

Throughout the filing process, it is essential that all paperwork and documents are accurately completed and correctly filed.  An experienced divorce attorney can facilitate and expedite this entire process, from obtaining all the necessary forms to scheduling your final hearing before a judge.