Created by FindLaw's team of legal writers and editors | Last reviewed May 18, 2018
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Like many states, New Jersey uses the terms "divorce" and "dissolution" interchangeably; both terms refer to the legal process of terminating a marriage. If you're getting a divorce in New Jersey, you will encounter a process similar to what you would undergo if you were divorcing in another state. Part of the requirements for divorce involve filing forms in court and serving them on your spouse. These forms will differ depending on the type of divorce you're seeking.
If you do decide to divorce in New Jersey, certain considerations are necessary prior to filing. You must establish the proper grounds or reasons for the divorce (unless it's "no-fault") and you or your spouse must be a New Jersey resident for at least one year prior to filing.
The party that files for the divorce is the "plaintiff"; the other party is the "defendant." The plaintiff should file for a "fault" divorce in the county where the events that caused the divorce took place (if that's different from the county of residency). However, if you weren't living in New Jersey when the marriage started to collapse, then you can file in the county where you currently live.
The intricacies of statutory language are best understood by an attorney. However, it's very easy to get the essence of the law with the help of a guide written in everyday terms. The chart below provides an overview of the laws related to New Jersey's divorce forms and process.
Statutes and Forms |
Statutes
Forms |
Complaint |
If you're the plaintiff, you'll file the complaint to begin the divorce proceedings. After the court mails you a copy of the complaint indicating that it's been filed, you'll complete the summons and attached proof of service. New Jersey requires that your defendant spouse must be served with a copy of the forms in specific manners detailed in the statute. Next, the defendant has 35 days after receiving the forms to respond in one or more of the following ways:
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Discovery |
|
Trial |
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
The New Jersey divorce process contains various stages that involve a lot of time and effort. If you're dealing with divorce and want help with completing forms or any other part of the process, turn to an experienced divorce attorney for guidance.
Contact a qualified attorney.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.