To file for divorce in New Jersey, you must be at least 18 years old. If you are under 18, your legal guardian or parent is required to file for case for you. New Jersey doesn’t mention a specific period of time for which you must live in the state to file for divorce. State Rule Rule 5:7-1 indicates that you should file for divorce in the county in which you resided when the reasons for divorce occurred. The addendum to the rule states that if you are no longer living in the county in which you resided when the reasons for divorced occurred then you should file in the county where you live.
Like many other states, New Jersey allows divorce based on irreconcilable differences or for specific reasons such as separation, extreme cruelty, adultery, and incarceration for an extended period of time. The most common reason is irreconcilable differences. To file for divorce based on irreconcilable differences, you must meet the following conditions:
- You or your spouse must have lived in New Jersey for 12 consecutive months before filing for divorce,
- You or your spouse must have experienced irreconcilable differences for 6 months, and
- The irreconcilable differences are a reason that the marriage should be dissolved.
- You must be certain that there is no way to reconcile the differences.
The state of New Jersey does not offer divorce forms online. The required forms can be obtained from your local county courthouse.
You will need to include the following forms when you file for divorce or dissolution of a civil union or domestic partnership in New Jersey:
- Complaint for Divorce
- Confidential Litigant Information Sheet
- Certification of Self-Represented Litigant and Dispute Resolution Alternatives
- Certification Regarding Redaction of Personal Identifiers
- Certification Verification and Non-collusion
- Certification of Insurance Coverage
Legal Services of New Jersey offers the following guide and instructions to help you wade through the mountain of paperwork required to file for divorce:
Legal Services of New Jersey also sells the required divorce forms in a packet. The divorce forms packet is $25.
Feel like you need a divorce lawyer? Visit our Divorce Lawyers in New Jersey page.