New Jersey's Residency Requirements

Either spouse must be a New Jersey resident for 1 year or more before filing for divorce, unless the grounds for divorce is adultery and one spouse is already a New Jersey resident.

New Jersey's Grounds for Divorce

New Jersey residents may file for divorce under fault or no-fault grounds.

New Jersey's no-fault grounds is:

• living separate and apart for 18 months or more without reconciliation

New Jersey's fault grounds include:

• adultery
• cruel and inhuman treatment
• imprisonment for 18 months or more
• willful desertion for 1 year or more

New Jersey's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a New Jersey court will make a ruling.

New Jersey courts consider factors such as:

• wishes of the child, if of sufficient age and capacity
• the physical, mental, emotional, social, and religious need of the child

New Jersey's Child Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

New Jersey courts consider factors such as:

• each parent's financial situation and standard of living
• the needs of the child
• each parent's other financial obligations

New Jersey's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

New Jersey courts consider factors such as:

• the standard of living experienced during the marriage
• duration of the marriage
• each spouse's earning capacity and financial resources
• any property distribution and/or custodial arrangements

New Jersey's Property Division Guidelines

New Jersey has adopted equitable distribution guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

New Jersey courts will consider factors such as:

• duration of the marriage
• the standard of living experienced during the marriage
• whether one spouse contributed to the property, including acquisition and upkeep
• each spouse's income, employability, and assets

New Jersey's Venue Guidelines

The divorce forms may be filed in any New Jersey county.