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NJ Divorce Law

Under New Jersey Law, you have the right to represent yourself in all legal cases, including divorce.

The legal term for representing yourself is "pro se," pronounced "pro say", which is Latin for "on your own behalf." Representing yourself is not a good idea for everyone. It is important to understand that by representing yourself, you may be giving up important rights. It is very important for you to find out if your spouse has a pension, retirement account, insurance or other significant property before you decide whether to file your own divorce. If you do not ask for such things in the divorce, you will give them up forever. 

Before you file for divorce on your own, you need to talk to your spouse, if possible, and find out how he/she feels about the divorce and about the issues mentioned above. This will give you an indication on how to proceed with the divorce. 

NJ Divorce Law Basics
Marital Separation Agreements Explained
Divorce in New Jersey - manual from Legal Services of New Jersey

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New Jersey State Statutory Resources

Basic Requirements - NJ No-Fault Divorce
(1)  At least one party must have been a resident of New Jersey for at least the 12 months prior to filing the divorce action;
(2)  Both parties must be in full agreement;
(3)  A Marital Settlement Agreement is required if either party is seeking alimony, and recommended if there are minor children involved.
(4) The parties have been separated for at least the previous 18 months, without any reconciliation, and at different residential addresses --  OR  -- The parties both recognize irreconcilable differences which have caused the breakdown of the marriage for at least the previous 6 months, and there is no reasonable prospect of reconciliation.

Jurisdiction/Residency Requirements for Filing NJ Divorce
In a New Jersey divorce action, the jurisdiction (county of filing) for the divorce action MUST meet one of the following criteria:

(1) The county is where the Plaintiff (the person initiating the action) resided when the cause of action arose (if Plaintiff lived in New Jersey); or
(2) The county is where the Defendant resided when the cause of action arose, if at that time the Plaintiff was not living in New Jersey; or
(3) If neither party lived in New Jersey when the cause of action arose, then the county is where the Plaintiff is living at the time the divorce action is filed. If the Plaintiff is not living in New Jersey, then the county is where the Defendant is living at the time the divorce action is filed.

If you wish to review the NJ Statutes/Code, click here:  New Jersey Statutes

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Child Support in New Jersey

New Jersey Child Support Calculator
New Jersey Child Support FAQs - New Jersey Dept. of Human Services


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NJ Child Custody and Visitation Law

Child custody decisions are based on the best interests on the child.

FAQ on Child Custody and Visitation
Child Custody Resources
New Jersey Parent Link - Parenting Resource Center
Divorce in New Jersey - from Legal Services of New Jersey (search "custody")

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Property Division in New Jersey

New Jersey is an equitable distribution state.

Divorce in New Jersey - from Legal Services of New Jersey (search "property")

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New Jersey Courts and Community Resources

Lawyers and Divorce
Mediation
Glossary of Family Law Terms
New Jersey Judiciary
New Jersey State Bar Association
New Jersey Self-help Resource Center
Family Law Resources on the Net
Legal Services of New Jersey

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