What are grounds for divorce in New Jersey

Last reviewed: July 2026

In New Jersey, a divorce may be pursued on either no‑fault or fault grounds, as set forth in N.J.S.A. 2A:34‑2. The most frequently used ground is irreconcilable differences, which requires the marriage to have broken down for at least six months with no hope of reconciliation. No‑fault divorce does not require proving that either spouse did anything wrong. Fault grounds, on the other hand, include adultery, desertion, extreme cruelty, voluntary separation, habitual drunkenness or drug addiction, institutionalization for mental illness, imprisonment, and deviant sexual conduct. Extreme cruelty often stems from domestic violence, and a protective order may be obtained simultaneously with the divorce. Selecting the appropriate ground is important because it can influence issues such as alimony and property division. New Jersey is an equitable distribution state, meaning marital property is split fairly but not equally. The filing fee for a divorce complaint in the Superior Court, Family Part, is $325. Alimony awards are subject to the 2014 statutory reforms, which limit durational alimony to the length of the marriage for unions under 20 years. For guidance on which ground best fits your circumstances and how a protective order might interact with your divorce, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

Understanding the Legal Grounds for Divorce in New Jersey

New Jersey’s dual‑ground system offers flexibility. The no‑fault ground of irreconcilable differences, added in 2014, is the most straightforward path. You simply attest that the marriage is broken beyond repair for at least six months. This ground eliminates the need to air personal grievances in court, which can reduce conflict. However, if you have evidence of marital misconduct, such as adultery or extreme cruelty, you may choose to plead a fault ground. Fault grounds can sometimes impact the outcome of alimony or custody determinations, though they are less commonly used in modern practice.

When selecting a ground, consider how it might affect the overall case. For instance, an extreme cruelty ground involving domestic violence may influence the court’s decisions regarding parenting time and the issuance of a protective order. Similarly, a desertion ground requires proof of abandonment for the statutory period, which may be harder to establish. The filing fee of $325 is paid when submitting your divorce complaint to the Family Part of the Superior Court. Regardless of the ground, New Jersey courts require a comprehensive Case Information Statement detailing your finances. Mr. Sris and his Of Counsel team can evaluate your situation and recommend the most appropriate course of action.

Frequently Asked Questions

What is the difference between fault and no‑fault divorce in New Jersey?

A no‑fault divorce requires no proof of wrongdoing, while a fault divorce requires proof that one spouse committed a statutory marital offense. The most common no‑fault ground is irreconcilable differences after six months. Fault grounds, such as adultery or extreme cruelty, may affect property division or alimony but often lengthen the case. Many people choose no‑fault to reduce conflict and keep the proceedings private.

How long does it take to get a divorce in New Jersey?

Divorce timelines vary widely depending on whether the case is uncontested or contested. An uncontested divorce where both parties agree on all issues can resolve relatively quickly after the required waiting period. Contested divorces involving custody, support, or property disputes may take significantly longer as they proceed through discovery, mandatory Early Settlement Panel sessions, and possibly trial. The court’s calendar also affects the overall timeline.

How much does a divorce cost in New Jersey?

The filing fee for a divorce complaint is $325, but total costs depend on attorney fees and case complexity. Uncontested divorces typically cost less because they involve less attorney time. Contested cases with business valuations, custody evaluations, or alimony disputes require more work and higher retainers. You can discuss fee arrangements during an initial consultation.

Can I get a divorce if my spouse doesn’t agree?

Yes, you can obtain a divorce even if your spouse refuses to cooperate. New Jersey allows you to file on the ground of irreconcilable differences without the other spouse’s consent. If your spouse contests the divorce, the case may take longer, but the court can still grant the divorce once the statutory requirements are met.

How is property divided in a New Jersey divorce?

New Jersey is an equitable distribution state, meaning marital property is divided fairly but not necessarily equally. The court considers factors such as the length of the marriage, each spouse’s income and earning capacity, contributions as a homemaker, and the value of separate property. Only marital assets and debts are subject to division.

What is alimony and how is it decided?

Alimony is spousal support paid by one spouse to the other after divorce, and it is determined based on statutory factors and the 2014 alimony reform. Under the reform, durational alimony for marriages under 20 years generally cannot exceed the length of the marriage. The court evaluates the need for support, each spouse’s earning ability, the standard of living during the marriage, and other factors. Cohabitation by the recipient can lead to modification or termination of alimony.

How does domestic violence affect divorce grounds?

Domestic violence may constitute the fault ground of extreme cruelty and can also support a request for a protective order. If you have experienced physical or emotional abuse, you may file for divorce on extreme cruelty grounds while simultaneously seeking a temporary or final restraining order. The court may also consider the abuse when deciding custody and parenting time arrangements.

Do I need a lawyer for an uncontested divorce?

You are not legally required to hire a lawyer, but legal guidance helps ensure your settlement agreement is enforceable and protects your rights. Even an uncontested divorce involves complex issues like property division, alimony, and child custody. An attorney can draft the necessary documents and make sure no important terms are overlooked.

Can I file for divorce in New Jersey if I just moved here?

To file for divorce in New Jersey, you must meet the state’s residency requirements. Generally, one spouse must have been a New Jersey resident for a certain period before filing. If you have not yet met the residency threshold, you may need to file in the state where you previously lived. An attorney can advise you on whether you qualify.

What if my spouse lives out of state?

You can still file for divorce in New Jersey if you meet the residency requirement, even if your spouse resides elsewhere. The New Jersey court can exercise jurisdiction over the marriage, and service of the divorce complaint on an out‑of‑state spouse can be accomplished through approved methods. Issues regarding child custody or property located out of state may require additional legal steps.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with extensive experience handling family law matters across multiple jurisdictions. Admitted in New Jersey, Virginia, Maryland, the District of Columbia, and New York, Mr. Sris founded the firm in 1997. He and his Of Counsel team bring extensive combined legal experience to divorce cases, including those involving domestic violence, high net worth, and complex custody disputes. The firm serves clients throughout New Jersey from its Tinton Falls location, by appointment only. To discuss your legal options for divorce, call (888) 437‑7747.

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