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Divorce

Self-Represented
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Overview

In New Jersey, divorce is officially called “dissolution” because you are dissolving a legal union. The same process applies when ending a marriage, civil union, domestic partnership, or when seeking an annulment.

Who can file?

Either person in a marriage, civil union, or domestic partnership can file for divorce in New Jersey if at least one person lives in the state.

If your civil union or domestic partnership was formed in New Jersey but you now live elsewhere, and your new state does not allow you to dissolve it there, you can file in New Jersey — in the county where the union or partnership took place. 

Do I need a lawyer to file a divorce case?

Divorce can be emotionally and legally difficult. The court strongly recommends speaking with a lawyer before filing or responding to a divorce complaint.

If you cannot afford a lawyer, help is available:

Things to think about before representing yourself in court

You have the right to represent yourself, but you must follow all court rules and deadlines. Court staff can explain how the process works, but they cannot give legal advice. 

Court Staff Can:

  • Explain court procedures and requirements
  • Provide samples of court forms
  • Help you understand how to complete forms and provide sample forms
  • Answer questions about court deadlines 

Court Staff Cannot:

  • Give legal advice or opinions
  • Tell you whether you should bring a case
  • Predict how a judge will decide
  • Recommend specific lawyers
  • Talk to or influence the judge for you
  • Change or cancel a judge’s order 

Divorce Forms and Instructions

The New Jersey Judiciary provides the main forms and instructions you’ll need to file. Forms marked with CN numbers can be downloaded from the Judiciary website. 

Important: If filing electronically, upload each document separately. Do not combine them into one file. 

Where to find divorce forms and instructions.

Legal Services of New Jersey (LSNJ)

  • Offers a free divorce guide explaining how to file if the reason is irreconcilable differences, separation, desertion, or extreme cruelty.
  • Sells a complete divorce kit (forms + instructions) for $25. 

Superior Court Office of the Ombudsman

  • Provides required forms and instructions in your local courthouse.
  • Contact your local court ombudsman for help. 
    The ombudsman is a neutral staff member who answers questions, explains procedures, and guides court users — but cannot provide legal advice. 

Learn more about the Ombudsman Program.

Filing the Divorce Complaint

File in the county where you last lived together. If you no longer live in New Jersey, file in the county where the other person lives. 
See Court Rule R. 5:7-1 for more details.

The person filing is the plaintiff. The other person is the defendant. 
You must be 18 years old to file. If under 18, a parent or guardian must file for you. 

Note: You must be 18 to file a complaint. If you are under 18, your parent or guardian must file the complaint for you.

Grounds for Divorce

You must list one or more legal reasons — called “grounds” — for divorce under New Jersey law. 

No-Fault (Irreconcilable Differences):

  • You or your spouse have lived in NJ for 12 consecutive months before filing.
  • You’ve had irreconcilable differences for at least 6 months.
  • Those differences are why the marriage or partnership cannot continue.
  • You are certain you will not reconcile. 

Separation: 
You’ve lived apart for at least 18 months.

Extreme Cruelty: 
Requires proof of specific behavior. Check N.J.S.A. 2A:34-2 or speak with a lawyer.

Other Grounds: 
Include adultery, institutionalization, or long-term incarceration. 

4 Steps to File a Divorce Complaint

  1. Complete required documents.
  2. File the documents.
    You can file in three ways:
     
    • Electronically:
      Use the Judiciary Electronic Document Submission (JEDS) System — available 24/7. Pay online by credit card. Each document must be uploaded separately.
    • In person:
      Bring three copies of your papers to the Superior Court Family Division in your county. You can pay with cash, check, or money order (made to “Treasurer, State of New Jersey”).
    • By mail:
      Mail two copies to the Family Division in the county where you or the other person lives. Keep one copy for your records. Include:
      • Check or money order for the filing fee
      • A stamped, self-addressed envelope so the court can return your filed copy with your docket number 
        Certified mail is recommended. 

  3. Pay the filing fee or request a fee waiver.

    Plaintiff's Fees

    Complaint Fee$300
    Parenting Workshop Fee
    You must pay this additional fee and attend a parenting program if either party requests custody or parenting time.    		$25

    Defendant's Fees

    Filing Fee$175
    Parenting Workshop Fee
    You must pay this additional fee and attend a parenting program if either party requests custody or parenting time.    		$25

    If your income is low, you may qualify for a fee waiver. Learn more about fee waivers. 

  4. Serve the other person.
    You must serve the other party within 60 days of filing. This means delivering the Summons and Complaint and proving to the court that they were received (“proof of service”).

    Options for service:
    • County Sheriff’s Officer: They deliver the papers and send proof of service to you and the court.
    • Process Server: Private companies can deliver the papers. If you use one, file an Acknowledgment of Service form and attach the receipt. 

Settle Your Case Before Filing a Complaint

You can try to resolve issues like custody, parenting time, or finances through mediation or another settlement process before filing. This is usually faster, less expensive, and more private than court. 

Settle Your Case After Filing a Complaint

If your case is filed, you may still settle through one or more of the following: 

  • Custody and Parenting Time Mediation: 
    The court may require mediation to resolve child-related issues.
  • Early Settlement Panel (ESP): 
    Experienced divorce attorneys review your case and suggest a fair settlement. Each county has an ESP coordinator. Contact your county for details.
  • Economic Mediation: 
    If you can’t agree on financial issues, the court may refer you to mediation. You can choose from a list of approved mediators or select your own. Mediation is not required if a restraining order is in place, though a victim may choose to participate voluntarily.
  • Arbitration: 
    A private arbitrator decides the outcome. You must agree in advance to follow their decision and cover the fees. 

Finding a Divorce Record

Once your divorce is finalized, the Judgment of Divorce becomes a permanent record.

Recent cases are stored at the county courthouse where the case was heard. Older cases are archived by the Superior Court Clerk's Office in Trenton.

To get a copy, contact:
Superior Court Clerk's Office at 609-421-6100 .