New Jersey Divorce Law

Complete Overview of of the New Jersey Divorce Laws

Home»Divorce Law»New Jersey Divorce Law

Important New Jersey Divorce Guidelines to File for a Divorce

New Jersey Residency Requirements For Divorce

Residency requirements to successfully file for a divorce in New Jersey state that either spouse must have been a legal resident in the state for at least one year prior to the initial filing. In certain cases involving adultery there is no determined time limit as long as one of the spouses is a legal resident of the state.

Grounds For Divorce In New Jersey

Recognized grounds for a no-fault divorce in New Jersey are:

  • living separate and apart for eighteen months and no reasonable expectation of reconciliation.

Recognized grounds for a fault based divorce in New Jersey are:

  • adultery;
  • sentenced to jail for eighteen months or more;
  • drug addiction;
  • cruel and inhuman treatment;
  • willful desertion for one year.
New Jersey Child Custody

Custody cases in New Jersey are usually determined with the best interests of the child in mind.

Common factors taken into consideration when making a decision on child custody are:

  • parents’ ability to agree;
  • relationship of child with its parents and siblings;
  • needs of the child;
  • preference of the child, if child is sufficiently mature.

The courts will recognize any agreement made together by the parents unless it is clearly not in the best interest of the child.

New Jersey Child Support Guidelines

New Jersey follows certain child support guidelines which are usually applied in almost every case. The courts will take into account both parents total gross income as well as accounting for any child related expenses. Usually, child support will continue until the child reaches the age of 18 but may be extended to the end of his or her secondary education.


In New Jersey the superior court holds jurisdiction over all the proceedings.


At any point in the divorce proceedings the parties may enter into a period of mediation. If they can come to an agreement on the troubled areas they are able to continue their divorce on an uncontested basis.