Why Divorce.com?
Benefits of an online divorce
Divorce.com is an affordable and convenient alternative to a DIY divorce that helps almost effortlessly prepare legal papers for an uncontested case. It is cost-effective, quick, and easy to use.
Divorce.com will assist you in getting state-specific forms tailor made to your unique circumstances. As a result, spouses with amicable divorces can save thousands of dollars on expensive attorneys and put their personal funds to better use. With Divorce.com, couples can prepare their papers without a deep understanding of the legal system.
The service is accessible from any device with an internet connection - a smartphone, a computer, or a tablet.
Start answering the questions from the online questionnaire and proceed at your own pace.
Make as many changes as necessary before submitting your answers.
Download and print the forms, which will come in a PDF format in two business days.
Follow the filing instructions sent alongside the packet of papers.
Divorce.com paves a smooth path to a fulfilling life!
New Jersey
Divorce Forms
All the forms required
Some of the basic forms to start a divorce in New Jersey include the following:
Forms NJ-814D, NJ-815D, or NJ-816D: Complaint about Divorce Based on Irreconcilable Differences
Form NJ-803D: Separation and Property Settlement Agreement
Form NJ-805D: Certification of Verification and Non-Collusion
Form NJ-806D: Affidavit of Insurance Coverage
Form NJ-807D: Non-Military Affidavit
Form NJ-808D: Summons
Form NJ-809D: Waiver of Process and Entry of Appearance
Form NJ-811D: Final Judgment of Divorce
Form NJ-813D: Shared Custody Child Support Worksheet
Form NJ-817D: Request and Notice of Default Uncontested Hearing Based on Irreconcilable Differences
Form NJ-FDF10889: Civil Action Rule 5:4-2(h) Certification By Self-Represented Litigant
Form NJ-KB-001: Acknowledgment of Service
Form 3A: Family Part Case Information Statement (CIS)
Form 3B: Confidential Litigant Information Sheet
Forms 4 and 5: Request for Waiver of Fees and Supporting Certification, and Order Waiving Fees
Form 22: Custody and Parenting Time/Visitation Plan
Some documents may not apply depending on circumstances. For example, couples without children don't need parenting plans or child support worksheets.
Steps to consider
Filing Requirements
Residency Requirements
To make any decisions in a divorce, the New Jersey courts need to have jurisdiction over the case. It is established if a married couple meets the residency requirements.
Either spouse is a state resident if they have lived in New Jersey for at least one year before going to court and asking for marriage dissolution. If the reason for divorce is adultery, a one-year requirement does not apply.
Grounds for Divorce
New Jersey state laws provide several grounds that a petitioner can choose from to ask for a divorce. If the parties want to avoid blaming each other for the marriage breakdown, they can indicate "irreconcilable differences" in their petition. Another no-fault reason is separation for 18 months.
Fault-based grounds include:
adultery
desertion for 1 year
extreme cruelty
drug or alcohol addiction for 1 year
imprisonment for 18 months
confinement to a mental facility for 24 months
deviant sexual behavior
Initial Filing
New Jersey county and trial courts are in charge of family matters, such as divorce and child custody cases. To start a marriage dissolution, a person must file a Complaint about Divorce/Dissolution and an Attached Certification with a county court, according to the venue requirements.
Depending on the situation, they can file the papers online via JEDS or give them to the clerk in person.
Filing Fees
Any person asking the court for dissolution has to pay the filing fee of $300 plus $25 for a parenting course.
The fees may be canceled for a litigant who:
has income less than 150% of the poverty level
has less than $2,500 in cash or bank accounts.
To ask for a waiver, a petitioner must prepare two of the following forms:
Request for a Fee Waiver
Order Waiving Fees
Serving the Respondent
A petitioner has 4 months to notify the respondent about the divorce proceedings by giving them copies of the original documents. New Jersey law forbids the petitioner to bring the papers themselves. They need to ask someone else.
The petitioner can hire a private process server or pay a sheriff to deliver the papers.
After the serving has been performed, a petitioner must file the acknowledgment of service form (NJ-KB-001) with the court.
Waiting Period
New Jersey does not have a waiting period that other states establish for divorcees. So, technically, the spouses can get a divorce decree right after they attend a final hearing, which can be scheduled within 30 days after the serving process.
Yet, there are timing conditions for divorces caused by several specific grounds. For instance, couples can file for dissolution using irreconcilable differences, if the cause for divorce occurred 6 months before the filing.
Finalizing a Divorce Case
When both parties agree on all terms beforehand, they can finalize their divorce after a brief hearing. Spouses need to take all papers they filed with the court and a settlement agreement with a Consent Order.
After the judge has issued a final judgment, a petitioner must make two copies, one of which should be delivered to their ex-spouse. They can also ask for a certified copy of this document for future needs involving official institutions.
Filing basics
Filing for Divorce
New Jersey
How to get started
Some of the basic forms to start a divorce in New Jersey include the following:
Forms NJ-814D, NJ-815D, or NJ-816D: Complaint about Divorce Based on Irreconcilable Differences
Form NJ-803D: Separation and Property Settlement Agreement
Form NJ-805D: Certification of Verification and Non-Collusion
Form NJ-806D: Affidavit of Insurance Coverage
Form NJ-807D: Non-Military Affidavit
Form NJ-808D: Summons
Form NJ-809D: Waiver of Process and Entry of Appearance
Form NJ-811D: Final Judgment of Divorce
Form NJ-813D: Shared Custody Child Support Worksheet
Form NJ-817D: Request and Notice of Default Uncontested Hearing Based on Irreconcilable Differences
Form NJ-FDF10889: Civil Action Rule 5:4-2(h) Certification By Self-Represented Litigant
Form NJ-KB-001: Acknowledgment of Service
Form 3A: Family Part Case Information Statement (CIS)
Form 3B: Confidential Litigant Information Sheet
Forms 4 and 5: Request for Waiver of Fees and Supporting Certification, and Order Waiving Fees
Form 22: Custody and Parenting Time/Visitation Plan
Some documents may not apply depending on circumstances. For example, couples without children don't need parenting plans or child support worksheets.
Custody Basics
The central aspect of divorces involving minor children is deciding how to allocate parental responsibilities. New Jersey family law provides the following options:
Sole legal custody, granting the exclusive decision-making authority to one parent;
Joint legal custody, where both parents partake in decisions about the child’s health, education, etc.
Sole physical custody, restricting the child’s permanent living with only one parent;
Joint physical custody, allowing a child to live with each parent for an equal time.
In sole custody arrangements, a non-custodial parent has the right to spend time with a child, according to a predetermined schedule. However, if the child’s safety is a concern due to a history of child abuse, the visitation will be supervised or canceled entirely.
Parties pursuing an uncontested divorce must agree upon child-related matters and draft a parenting plan. Then, the judge will approve it, if it’s in the child’s best interests.
If the couple can’t resolve their child custody disputes, the judge will decide for them, and issue appropriate court orders based on the following factors:
The parents’ ability to cooperate regarding the child’s needs
The child’s relationships with parents and siblings
The safety of each party and a history of abuse
The stability of each parent’s home environment
The child’s age, health, and different needs
Both parents must also attend a court-approved parenting class before a divorce can be finalized.
Uncontested Divorce
An uncontested divorce means that spouses resolve their differences outside the courthouse and agree on property division, child custody and support, alimony, and other issues.
New Jersey court procedures for uncontested divorces include filing an appropriate packet of forms and attending a court hearing, if necessary. One of the mandatory forms for amicable cases is a Marital Settlement Agreement. It is a legal contract where the spouses lay out their rights and responsibilities after divorce.
When drafting the agreement, spouses should pay close attention to the following requirements:
child custody arrangements must comply with the child’s best interests
property division should follow the principle of “equitable distribution,” which means fair, but not always 50/50, disbursement of assets, real estate, and debts;
child support payments must be calculated according to the New Jersey Child Support Guidelines.
The settlement agreement and other divorce documents for an uncontested divorce can be collected at Divorce.com to simplify and speed up the paperwork preparations.
Support Basics
Child support is mandatory regular payments (monthly, weekly, etc.) from a non-custodial parent to the primary residential custodian. The amount of support must be determined by the NJ Support Guidelines.
If the spouses agree on the calculated amount, based on the state guidelines, they can avoid an additional court hearing to contest this issue. Otherwise, the judge of the Family Court will hear each spouse, review the supporting facts, and issue a child support order.
The judge may also consider the following facts in determining the amount and period of support:
children’s age, health, and special needs
each parent’s economic circumstances, income, and earning abilities
child’s assets and income, if any
each party’s debt and financial liabilities, etc.
