Divorce in New Jersey: A Complete Guide

Divorce is one of the most stressful events a person can face. Understanding how a New Jersey divorce works — the grounds, the process, and the issues that must be resolved — can reduce anxiety and help you make better decisions. This guide provides an overview of divorce under New Jersey law.

Grounds for Divorce in New Jersey

New Jersey is a "no-fault" state, meaning you can obtain a divorce without proving fault. However, New Jersey law also recognizes several fault-based grounds. The grounds for divorce in New Jersey include:

• Adultery — proof that your spouse had a voluntary sexual relationship with someone else.
• Extreme cruelty — conduct that endangers your safety or makes your life intolerable.
• Substance abuse — habitual drunkenness or addiction to narcotic drugs.
• Deviant sexual conduct — engaging in deviant sexual conduct without your consent.
• Desertion — your spouse has willfully deserted you for at least 12 months.
• 18-month separation — the no-fault ground of living separate and apart for at least 18 consecutive months with no reasonable prospect of reconciliation.

In most cases, couples choose the no-fault ground of irreconcilable differences or the 18-month separation, which avoids the expense and conflict of proving fault.

The Divorce Process Overview

A New Jersey divorce follows a series of steps, from choosing an attorney to the final hearing. Understanding each stage helps you prepare. Our Steps to Divorce section walks through the process in detail:

• Step 1: Finding an Attorney
• Step 2: Initial Consultation
• Step 3: The Actual Process
• Step 4: If You Cannot Settle
• Step 5: Final Hearing

Once the complaint is filed, the divorce should not take more than one year. If you and your spouse can work out some of your issues and limit the scope of your disagreements, your divorce will be less costly and faster.

Alimony

Alimony is financial support paid by one spouse to the other after a divorce. New Jersey recognizes several types of alimony, including permanent, rehabilitative, limited-duration and reimbursement alimony, based on need, the length of the marriage and the ability to pay. Learn more about alimony in New Jersey.

Child Support

Child support in New Jersey is generally calculated using the state's child support guidelines, which reflect both parents' income, parenting time and the child's needs. Learn more about child support in New Jersey.

Child Custody

New Jersey courts decide custody and parenting time based on the best interests of the child. Parents may share joint legal custody or one parent may have sole custody, with parenting time arrangements tailored to the family. Learn more about child custody in New Jersey.

Property Division

New Jersey is an equitable distribution state, meaning marital property is divided fairly — not necessarily equally. This includes the marital home, retirement funds, businesses and investments. Learn more about dividing property in a divorce and marital debt.

Mediation

Many couples resolve their divorce through mediation, where a neutral mediator helps both spouses reach a settlement without the expense of litigation. Karen Meislik is a Court-approved mediator. Learn more about mediation in New Jersey.

Get Help With Your New Jersey Divorce

Karen Meislik is a certified matrimonial attorney with more than 20 years of experience helping families in Montclair, Essex County and across New Jersey. To discuss your situation, contact our office or call 973-783-3000, ext. 111.