Filing for divorce in New Jersey without a lawyer is possible when both spouses agree on major issues. New Jersey requires at least one spouse to have lived in the state for 12 months before filing, and the filing fee is approximately $300. This guide explains every step of the DIY divorce process in New Jersey.
Who qualifies for a divorce without a lawyer in New Jersey?
You may be able to file for divorce without a lawyer in New Jersey if both spouses agree on all major issues including property division, debts, and — if applicable — child custody and support. New Jersey allows no-fault divorce based on irreconcilable differences, which is the most common ground used for uncontested divorces.
- Both spouses agree on all terms of the divorce
- There is no history of domestic violence or coercion
- Neither spouse has highly complex assets such as a business or pension
- Both spouses are willing to cooperate and sign documents
New Jersey residency requirement
At least one spouse must have been a resident of New Jersey for a minimum of 12 months before filing for divorce — one of the longer residency requirements in the United States. The only exception is if adultery is the grounds for divorce, in which case no residency period is required. You must file in the Superior Court — Family Division of the county where either spouse lives.
New Jersey divorce waiting period
For a no-fault divorce based on irreconcilable differences in New Jersey, the spouses must have experienced irreconcilable differences for at least 6 months before filing. There is no additional mandatory waiting period after filing, but the court process itself takes several months due to scheduling and administrative requirements.
Step-by-step divorce process in New Jersey
Step 1 — Download New Jersey divorce forms
New Jersey divorce forms are available from the New Jersey Courts website at njcourts.gov. New Jersey has a comprehensive self-help center with forms and instructions for uncontested divorces.
Step 2 — File at your county Superior Court
File your completed Complaint for Divorce at the Superior Court — Family Division in your county. The filing fee is approximately $300 in most New Jersey counties. You will also need to pay a $25 summons fee. Bergen, Essex, and Hudson counties may have slightly different administrative fees.
Step 3 — Serve your spouse
After filing, your spouse must be formally served with the Complaint and Summons. In New Jersey, service must be completed by a person over 18 who is not a party to the case — you cannot serve your spouse yourself. Your spouse then has 35 days to file an Answer.
Step 4 — Case Information Statement
Both spouses must complete and exchange a Case Information Statement (CIS) — a detailed financial disclosure form listing all income, expenses, assets, and debts. This is required in all New Jersey divorce cases and must be filed with the court.
Step 5 — Attend Early Settlement Panel or Mediation
New Jersey requires most divorce cases to go through an Early Settlement Panel (ESP) or mediation before the case proceeds to trial. For an uncontested divorce where both spouses have already agreed on all issues, this step is typically brief and confirms the settlement.
Step 6 — Final hearing
After all paperwork is in order and any required mediation is complete, the court schedules a final hearing called an Uncontested Divorce Hearing. At least one spouse must appear. The judge reviews the settlement and signs the Final Judgment of Divorce.
Required forms for divorce in New Jersey
- Complaint for Divorce (Form A)
- Summons (Form B)
- Confidential Litigant Information Sheet
- Case Information Statement (CIS) — both spouses
- Property Settlement Agreement signed by both spouses
- Final Judgment of Divorce
- If children are involved: Custody and Parenting Time Plan and Child Support Guidelines Worksheet
All forms are available free at njcourts.gov.
How much does a divorce cost in New Jersey?
The court filing fee in New Jersey is approximately $300 plus a $25 summons fee. For a DIY uncontested divorce, your total cost is typically $325–$500. Attorney fees for an uncontested divorce in New Jersey typically range from $1,500 to $5,000. Contested divorces with attorneys can cost $20,000–$50,000 or more — New Jersey has some of the highest divorce attorney fees in the country.
How long does a divorce take in New Jersey?
New Jersey divorces are known for taking longer than most states due to mandatory mediation and court scheduling. Most uncontested DIY divorces in New Jersey take 3–6 months. Contested divorces typically take 12–24 months or longer. New Jersey courts are working to reduce delays but case volume remains high in many counties.
Frequently asked questions — New Jersey divorce
Is New Jersey a no-fault divorce state?
Yes. New Jersey allows no-fault divorce based on irreconcilable differences that have existed for at least 6 months. You do not need to prove wrongdoing by either spouse. New Jersey also allows fault-based grounds including adultery, desertion, and extreme cruelty.
What is a Case Information Statement in New Jersey?
A Case Information Statement (CIS) is a detailed financial disclosure form required in all New Jersey divorce cases. Both spouses must complete and file a CIS listing all income, expenses, assets, and debts. It is used by the court to evaluate issues of support, alimony, and property division.
Do I need to appear in court for a divorce in New Jersey?
Yes. New Jersey requires at least one spouse to appear at the final Uncontested Divorce Hearing. The hearing is typically brief — the judge asks a few questions confirming the marriage has broken down irretrievably and that both spouses agree to the settlement terms.
Can I file for divorce in New Jersey without my spouse’s agreement?
Yes. You can file a contested divorce in New Jersey without your spouse’s agreement. Your spouse must be formally served and has 35 days to file an Answer. If they do not respond, you may proceed with a default divorce.
What if I cannot afford the New Jersey divorce filing fee?
If you cannot afford the filing fee, you can apply for a fee waiver by filing an Application to Proceed In Forma Pauperis with the court. If your income is below the pover