How to Get a No-Fault Divorce in New Jersey: State Requirements and Documents

Seeking legal counsel on how to file for divorce in New Jersey?

You may seek for divorce in New Jersey on numerous reasons, including adultery, severe cruelty, desertion, and no-fault. No-fault divorce implies that the court will not assign blame for the divorce to any partner. As of 2007, New Jersey employs irreconcilable differences (the two parties no longer get along) in addition to separation for at least 18 months to resolve no-fault divorces, which may lead to a more amicable divorce. However, claiming that your husband has committed adultery or cruelty will not impact the result of your divorce, nor will it improve your prospects of receiving higher alimony, child support, or equitable distribution.

Requirements for Residency

Either the petitioner (the spouse applying for divorce) or the respondent (the other spouse) must have resided in New Jersey for at least 12 months prior to filing for divorce. The spouses must have had irreconcilable disagreements for at least 6 months, or have lived apart for at least 18 months with no foreseeable reconciliation.

Fill out your paperwork

You will need to fill out many paperwork when filing for a no-fault divorce in the Chancery Division, Family Part. Everyone must fill out the Petition-Marriage Form and the Summons Form, and couples with children must fill out numerous more papers. Contact your local County Clerk or Legal Services of New Jersey to get any required paperwork. (LSNJ). The publication “Divorce in New Jersey: A Self-Help Guide” by LSNJ includes instructions and paperwork for self-represented litigants. To find out whether you are eligible for free legal assistance, call the LSNJ hotline at (888) 576-5529. If you are not in New Jersey, phone 732-572-9100 and request to be connected to the hotline.

Make duplicates of your forms.

Make at least five copies of each form once you have completed it. The original set and two copies will be given to the court, with the remaining two maintained for your records and future use. Check that all of the fields on your complaint and accompanying papers have been filled in, and that each document has been signed and dated.

Bring your completed forms to your local court clerk’s office and pay the filing fee.

You should also include a check for the filing fee and, if you and your spouse have children, the Parents’ Education Program charge. If you are requesting a filing fee waiver, do not include a check. Prepare and include a self-addressed, stamped envelope in order for the court to return your filed copies to you. When your papers are submitted, you will be given a docket number, which you must write on all photocopies. You should also create three copies of each submitted document in case you need them later.