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Start your divorce online in New Jersey

Our platform streamlines the divorce process, guiding you to a desired outcome with minimal stress.

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Our platform streamlines the divorce process, guiding you to a desired outcome with minimal stress.

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Why Choose 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.

Benefits of an online divorce

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!

Benefits of an online divorce

New Jersey Divorce Forms

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 to the case, depending on the circumstances. For example, if the spouses don’t have kids, they don’t need a parenting plan and child support worksheet.

Some documents may not apply to the case, depending on the circumstances. For example, if the spouses don’t have kids, they don’t need a parenting plan and child support worksheet.

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Steps to Consider

Filing for Divorce in New Jersey

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.

How to Fill Out Divorce Forms in New Jersey

Filling out the court forms requires time and consideration since it’s a responsible process. Here are a few tips to simplify it:

  • Once a person has obtained the blank forms, they should read them carefully.
  • Note any unknown terms and then look them up in a dictionary and among the New Jersey Statutes.
  • Gather the important documents, such as marriage licenses, IDs, etc., to fill out the forms.
  • Discuss all divorce terms with the husband or wife;
  • Fill out the forms with personal data and choose appropriate answers for multiple-choice questions.
  • Proofread the papers and make sure there are no typos or incorrect information.
  • If some data is missing or incorrect, the court clerk may reject the paperwork, and the couple will have to repeat the process.

    Some forms need to be signed before a notary public, while others don’t. A petitioner will probably need to use blue ink to sign the papers.

    If you want your paperwork preparation to be quick and stress-free, Divorce.com can be your perfect alternative.

    This online service helps spouses select and complete all the court forms for an uncontested divorce, effortlessly and fast. You'll only need to answer a series of questions and download your documents 2 business days afterwards. Then, print your papers and file them with the court by following our detailed filing guide.

If some data is missing or incorrect, the court clerk may reject the paperwork, and the couple will have to repeat the process.

Some forms need to be signed before a notary public, while others don’t. A petitioner will probably need to use blue ink to sign the papers.

If you want your paperwork preparation to be quick and stress-free, Divorce.com can be your perfect alternative.

This online service helps spouses select and complete all the court forms for an uncontested divorce, effortlessly and fast. You'll only need to answer a series of questions and download your documents 2 business days afterwards. Then, print your papers and file them with the court by following our detailed filing guide.

Child custody

Getting a Divorce with Children in Divorce.com

Child Custody

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.
Child custody

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 in New Jersey

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.

Child Support

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.

Child custody

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.
Child Support

FAQ

How long will it take to get divorced in New Jersey?

The average time spent on divorce is at least 2 months for uncontested cases and 6-12 months for contentious ones. The fewer disputes the spouses have regarding divorce terms, the sooner they finalize their divorce.

Can I get a free divorce in New Jersey?

The spouses with a low income who cannot afford to pay the filing fees can ask to cancel them by filing a Request for a Fee Waiver with the court clerk.

How do I file for divorce in New Jersey?

Depending on each county’s rules, filing can be done in person at the local court or electronically through the JEDS system. Either way requires a person to complete and submit specific forms.

How much does a divorce cost in New Jersey?

Divorce costs consist of court and lawyer’s fees. The initial payment to start a divorce, called a filing fee, is $300. However, the total cost can reach $12,000 or higher if lawyers are involved. With Divorce.com, the divorce costs can be decreased and only include the court fees and paperwork preparation.