New Jersey Divorce Records

Currently, New Jersey's average divorce rate stands at 2.3 per 1,000 total population, which is a little lower than the national divorce rate of 2.4 per 1,000 people. Compared to other states, New Jersey has historically maintained a low divorce rate and, in recent times, ranks as one of the states with the lowest divorce rates in the United States. As of 2023, at least 9.60% of the state's black residents were divorced, followed by Hispanic and White residents.

New Jersey divorce records are generally created during the dissolution of marriage, domestic partnership, or civil union proceedings and are typically kept by the Superior Court. The following types of divorce records may be obtained in the state:

• Divorce Decree - This is typically a court order on a divorce matter. It documents all the issues decided in a divorce proceeding and may include agreement on matters such as property division, child custody, and alimony.
• Divorce Certificate - A divorce certificate is a document issued once a divorce is finalized. It generally states the essential facts of a divorce.

What Are the Residency Requirements for Divorce In New Jersey?

Per Section 2A:34-10 of the New Jersey Revised Statutes, either spouse must have resided in the state for not less than one year before filing for divorce and the commencement of the divorce process. There is, however, an exception to this requirement if the reason for divorce is adultery. In this case, a divorce petition may be filed if at least one of the spouses has been a New Jersey resident for any period, even if less than one year.

What Are the Grounds for Divorce in New Jersey?

In New Jersey, the reasons for a divorce, otherwise known as grounds for divorce, may either be fault-based or no-fault-based:

• Fault-based Divorce - A person can file for a fault-based divorce in New Jersey when there is a specific reason for wanting to end a legal union. Common reasons for this type of divorce include adultery, imprisonment of one spouse for an extended period, deviant sexual behavior, desertion, institutionalization, extreme physical or mental cruelty, and habitual drunkenness. Separation (living apart) for at least 18 months is also a legally acceptable ground to file for a fault-based divorce in New Jersey.
• No-Fault-based Divorce - Irreconcilable differences are generally the basis for no-fault divorces. Anyone filing for this type of divorce in New Jersey (or their spouse) must have lived in the state for 12 consecutive months before filing. In addition, both spouses must have experienced irreconcilable differences for at least 6 months and they are certain their differences will not be reconciled.

How Much Does It Cost To File for Divorce in New Jersey?

While several costs are involved when filing for divorce in New Jersey, plaintiffs generally pay $300 as a complaint fee, while defendants pay $175 as the filing fee. If either spouse in the divorce process requests parenting time or custody, they are required to pay an additional $25 fee and attend a parenting program.

The average cost of the divorce process in New Jersey is about $9,200, which is lower than the national average of about $11,600. New Jersey's median cost of filing for divorce is also lower than its neighboring states' average. The average divorce costs for New York, Pennsylvania, and Delaware are $13,500, $12,500, and $11,000, respectively.

Besides filing/complaint fees, the following generally account for the average cost of filing for divorce in New Jersey:

• Attorney fees
• Spousal support
• Asset division
• Child custody, support, and visitation
• Debts

How Long Is the Waiting Period for Divorce in New Jersey?

New Jersey has no standard mandatory waiting period for divorces. However, depending on some factors, it generally takes between three to 12 months to finalize a typical divorce process in the state. In most cases, a court can grant a divorce once all the necessary paperwork has been completed and every other issue related to the divorce is completely resolved.

The level of conflict between spouses and the complexity of the case are the main factors that may affect how long it takes for a court to grant a divorce in New Jersey. Uncontested divorces generally have a shorter waiting period than contested divorces since both parties agree on all issues related to the dissolution of their legal union. Unlike some states, New Jersey has no mandatory separation period for divorce, which is the amount of time required for spouses to remain separated before getting a divorce.

How To File for Divorce in New Jersey

The following steps should be taken to file for divorce in New Jersey:

• Complete all required divorce documents, which generally include a divorce complaint, summons, case information statement (CN 10482), certification of verification and non-collusion, and certification of insurance coverage. Others are confidential litigant informationsheet (CN 10486) and certification by self-representedlitigant (CN 10889).
• File completed divorce documents with the Family Division of the Superior Court in the county where one of the parties lives through any of the following options:
  • In Person - Make three copies of the divorce papers and bring two to the court while keeping a copy for personal safekeeping.
  • Electronically - File the divorce complaint online using the Judiciary Electronic Document Submission (JEDS) system.
  • By Mail - Make three copies of the divorce papers and mail two to the Family Division of the Superior Court while keeping one copy for personal records. It is generally recommended to use certified mail and include a self-addressed envelope, which the court can use to mail back a copy of the filed complaint.
• Pay the applicable filing fee or request a fee waiver.
• After receiving confirmation that all divorce papers were filed correctly, serve the other party/spouse with the divorce papers not later than 60 days of the filing date.
• During the trial, the court will consider all the information and evidence presented by both parties to reach its decision and issue a final divorce decree.

The New Jersey Courts provide members of the public with a free divorce guide and access to various forms required to file for divorce in the state.

Are Divorce Records Public in New Jersey?

Per New Jersey's Open Public Records Act, the state's divorce records are public documents and may be accessed by members of the public unless sealed by certain statutory provisions or court orders. Generally, all court documents on a divorce in New Jersey become public information once the divorce proceeding has been completed and the court has issued a divorce judgment.

While New Jersey divorce records are considered public records, per Section 47:1A-5 of the state's Open Public Records Act, some information may be redacted before divorce records are disseminated. Such information includes driver's license number, credit card number, Social Security number, the identity of minors and domestic abuse victims, and phone number.

How To Get Certified Copies of a Divorce Decree in New Jersey

Members of the public may obtain certified copies of a divorce decree in New Jersey by requesting certified copies of a final judgment of divorce from the office of the clerk of the Superior Court. To facilitate the search, provide the case title, county of venue, and the docket number (M or FM#) in the request.

Where the docket number is not known, provide the Superior Court Clerk's office with the plaintiff and defendant's first and last names, the approximate year the divorce was finalized, and the county where the divorce took place. The cost of obtaining a certified copy of a divorce decree in New Jersey is at least $10. The state's Superior Court Records Center may be contacted at (609) 421-6100 for further information on obtaining a certified copy of a divorce decree.

Sometimes, it may not be necessary to get a copy of a New Jersey divorce record. In such a situation, the Superior Court clerk's office may prepare and issue a divorce certificate, which typically contains names of the parties involved, county of venue, docket number, and the date of the final judgment, at a nominal fee. The certificate of divorce is usually stamped with the Superior Court's seal.

Divorce Settlement: Is New Jersey a 50/50 State?

New Jersey operates the principle of equitable property and debt distribution in a divorce settlement. This generally means that in the event of a divorce, assets and debts are divided fairly between both parties, but not necessarily equally as in community property distribution. In a community property distribution, assets acquired by both spouses in the course of their marriage and debts are typically divided equally (50/50).

Per Section 2A:34-23.1 of the New Jersey Revised Statutes (Equitable Distribution Statutes), courts generally consider several factors, including the following, to determine the most equitable way to distribute property and debts in a divorce:

• Standard of living during the marriage
• The marriage's duration
• Property and income brought into the marriage by each spouse
• Each spouse's income and earning capacity
• Each spouse's age and emotional and physical health
• The liabilities and debts of each party
• The current value of the property
• The tax consequences of the planned asset distribution to each party

FAQs About Divorce Process In New Jersey

Below are frequently asked questions about the New Jersey divorce process:

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