Uncontested divorce in New Jersey

Who can use the process for agreed cases in New Jersey

• Uncontested divorce: mark the complaint uncontested; your spouse files an Appearance saying they don't contest; you file a signed, notarized Property Settlement Agreement.
• Same forms and fees apply; usually much faster.

What you file in New Jersey

The forms the court's own instructions name for an agreed case in New Jersey:

• Property Settlement Agreement
• Appearance (for your spouse to sign)

Before you file in New Jersey

Who can file (residency)

One spouse must have been a real (bona fide) New Jersey resident for the 1 year before you file. The only exception is a divorce based on adultery, where residency at the time of the adultery and since then is enough.

Waiting period

There is no set waiting period after filing. But each ground has its own time rule: irreconcilable differences must have lasted at least 6 months; the separation ground needs 18 months living apart; for extreme cruelty you must wait 3 months after the last act before filing.

Law

N.J.S.A. 2A:34-10 · N.J.S.A. 2A:34-2

Forms, fees and filing in New Jersey

Official forms

Divorce forms (New Jersey courts)

Court self-help

Divorce self-help (New Jersey courts)

Filing fee

$300 to file the complaint; $175 for the defendant's answer or appearance; plus $25 parenting workshop fee if you have minor children (NJ Courts).

If you can't afford the fee

If your income is low you can ask for a fee waiver: njcourts.gov: Fee waiver

E-filing

Self-represented people can file online through JEDS (Judiciary Electronic Document Submission): njcourts.gov

If you agree on only some issues

The court may require custody and parenting time mediation; financial issues go to a Matrimonial Early Settlement Panel and may be referred to economic mediation. Mediation is not required if there is a restraining order.

An uncontested divorce in New Jersey, step by step

1. Check that you can file in New Jersey

   One spouse must have been a real (bona fide) New Jersey resident for the 1 year before you file.

2. See if you qualify for the simpler process

   Uncontested divorce: mark the complaint uncontested; your spouse files an Appearance saying they don't contest; you file a signed, notarized Property Settlement Agreement.

3. Fill in the official forms

   Use the court's official divorce forms: Divorce forms (New Jersey courts)

4. File, and pay the fee or ask for a waiver

   $300 to file the complaint; $175 for the defendant's answer or appearance; plus $25 parenting workshop fee if you have minor children (NJ Courts). Can't afford it? If your income is low you can ask for a fee waiver: njcourts.gov: Fee waiver. Self-represented people can file online through JEDS (Judiciary Electronic Document Submission): njcourts.gov.

5. Have your spouse sign or be served

   You must serve your spouse within 60 days of filing, by the county sheriff's officer or a private process server (then file an Acknowledgment of Service with the receipt).

6. Wait out the waiting period

   There is no set waiting period after filing.

7. Get the final decree

   The judge signs the final decree (judgment), which ends the marriage. Get a certified copy and keep it.

Questions about uncontested divorce in New Jersey

More about divorce in New Jersey

• All New Jersey divorce laws
• New Jersey divorce forms and filing fees
• Alimony in New Jersey
• Child custody and support in New Jersey
• Divorce timeline estimator for New Jersey
• Divorce checklist for New Jersey
• Uncontested divorce: how it works
• Divorce waiting periods by state

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