Legal

2025 Divorce Filing Checklist for New Jersey

5 min read
By DivorceAI Team — Legal Research & Financial Planning Experts
New Jersey George Washington Bridge representing divorce filing jurisdiction and venue in the Superior Court Family Part
New Jersey landmark for divorce filing guide

Filing for divorce in New Jersey involves navigating specific residency requirements, multiple mandatory forms, and the state's JEDS electronic filing system—all while managing the emotional weight of ending a marriage. Understanding New Jersey's precise filing requirements is crucial because missing even one required document or filing in the wrong county can delay your case by months and add thousands in legal fees. Understanding the divorce process from start to finish can help you avoid these costly mistakes.

This comprehensive checklist walks you through every requirement for filing divorce in New Jersey in 2025, from the 1-year residency rule to required forms like the Confidential Litigant Information Sheet (CN 10486) to current filing fees. By the end, you'll have a clear roadmap for initiating your divorce in the Superior Court Family Part and protecting your rights from day one.

New Jersey Residency Requirements for Divorce

Before filing for divorce in New Jersey, you must meet specific residency requirements designed to establish the court's jurisdiction over your case. At least one spouse must have been a bona fide New Jersey resident for 1 year immediately before filing the divorce petition, according to N.J.S.A. 2A:34-10.

Exception for Adultery: The 1-year residency requirement does not apply if adultery is your sole ground for divorce. In that case, you can file immediately once the residency is established.

Venue (Which County): File in the county where the plaintiff was domiciled when the cause of action arose, or if not domiciled in NJ at that time, where the defendant was domiciled, according to Rule 5:7-1.

Practical Tip: Start counting your residency period from the day you physically moved to New Jersey, not from when you got your driver's license or registered to vote. Keep documentation like leases, utility bills, or employment records that prove your residency start date—the court may request this proof.

Required Forms for New Jersey Divorce Filing

New Jersey requires multiple forms to be filed together when initiating a divorce. All forms must be filed with the Superior Court of New Jersey, Chancery Division, Family Part in your county of proper venue.

Mandatory Forms for All Filers:

  • Complaint for Divorce with Certification of Verification and Non-Collusion - States your grounds for divorce and key facts about your marriage
  • Summons - Official notice to your spouse that divorce proceedings have begun
  • Confidential Litigant Information Sheet (CLIS, CN 10486) - Required in all dissolution filings as of 2024; contains personal information not shared with your spouse
  • Certification of Insurance Coverage (Rule 5:4-2(f)) - Lists all insurance policies (health, life, auto, homeowner's, disability) and beneficiaries; coverage must be maintained pending court order
  • CDR Certification (Appendix XXVII-B for self-represented litigants, or CN 10889) - Confirms you received information about Complementary Dispute Resolution alternatives

Additional Forms When Applicable:

  • Case Information Statement (CIS, CN 10482) - Required when financial issues exist (support, alimony, equitable distribution) or for temporary relief requests; due within 20 days after Answer/Appearance

Where to Obtain Forms: Download official forms from the New Jersey Courts self-help divorce page, or access them through the JEDS e-filing portal. Legal Services of New Jersey also offers a complete divorce kit with instructions for $25.

Filing Fees and Costs in New Jersey

New Jersey has standardized filing fees set by court rules. Understanding these costs upfront helps you budget for your divorce process.

2025 Filing Fees:

  • $300 - Complaint for Divorce (plaintiff filing fee)
  • $175 - First responsive pleading (defendant's Answer or Appearance)
  • $50 - FM (Family) motion fee (for temporary orders or post-judgment motions)
  • $25 per parent - Parents' Education Program fee when custody, parenting time, or child support is at issue (statutory requirement under N.J.S.A. 2A:34-12.5)

Fee Waivers Available: If your income is at or below 150% of the federal poverty level and you have no more than $2,500 in bank accounts, you can request a fee waiver during filing. The New Jersey Courts provide fee waiver information on their self-help pages.

Additional Variable Costs: Budget for Sheriff or private process server fees (varies by county and distance), and potential mediation fees under the Judiciary's mediator compensation guidelines if ordered to post-ESP economic mediation.

Step-by-Step: Filing for Divorce in New Jersey

New Jersey offers three filing methods: electronic filing through JEDS (Judiciary Electronic Document Submission), in-person at the Family Division, or by mail. JEDS e-filing is available 24/7 and is the fastest method.

The Filing Process:

  1. Prepare Your Forms: Complete all required forms listed above. Each document must be a separate PDF if filing electronically (max 35 MB per file).
  2. File via JEDS or In-Person: E-file through the JEDS portal (credit/debit/ACH payment), file in person at your county Family Division, or mail with a self-addressed stamped envelope. Documents submitted by 11:59 PM receive that day's filed date once accepted.
  3. Pay Filing Fees: Pay the $300 complaint fee plus $25 per parent for Parents' Education if custody/parenting time is at issue.
  4. Serve Your Spouse: Serve the filed Summons and Complaint within 60 days of filing using a Sheriff or private process server. Personal service under Rule 4:4-4 is the primary method. File proof of service with the court.
  5. Defendant Has 35 Days to Respond: After service, the defendant has 35 days to file an Answer or Appearance (Rule 4:6-1). The defendant can also file a counterclaim for divorce or other family matters.
  6. If No Response: If the defendant doesn't respond within 35 days, you can request entry of default and proceed to a default hearing or divorce "on the papers" under Directive #01-25 if eligible. You must file a non-military service certification (Rule 5:7-9) before any default order may enter.

Important Deadline: If financial issues or custody are disputed, the Case Information Statement (CIS) must be filed within 20 days after the Answer or Appearance is filed.

New Jersey's divorce process can involve many steps; using a comprehensive divorce checklist alongside a divorce planning app offers step-by-step guidance to help you stay organized.

Calculate Your New Jersey Divorce Costs

Use our free calculator below to get a personalized estimate of your total divorce costs based on your situation. The calculator is pre-configured with New Jersey's current filing fees and typical legal costs.

Divorce Cost Calculator

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Disclaimer: These estimates are based on national averages and research data. Actual costs may vary significantly. This calculator is for planning purposes only and does not constitute legal or financial advice. Consult with qualified professionals for personalized guidance.

Note: This estimate is for planning purposes. Actual costs may vary based on case complexity, whether you reach settlement or go to trial, and attorney fees in your county.

Frequently Asked Questions

Q: How long do you have to live in New Jersey to file for divorce?
A: At least one spouse must have been a bona fide New Jersey resident for 1 year immediately before filing, with the exception that this requirement does not apply if adultery is your sole ground for divorce.

Q: What is the Confidential Litigant Information Sheet (CLIS)?
A: The CLIS (CN 10486) is a mandatory form required in all dissolution filings as of 2024. It contains personal identification details like birthdates, Social Security numbers, and medical information. This form is not shared with your spouse and is used only by the court. Failure to file it within 10 days of a deficiency notice can result in dismissal of your pleading.

Q: Can I file for divorce in New Jersey if my spouse lives in another state?
A: Yes, as long as you meet the 1-year New Jersey residency requirement, you can file in New Jersey even if your spouse lives elsewhere. You'll need to properly serve them according to New Jersey's service rules, which may involve out-of-state service procedures.

Q: What is JEDS and do I have to use it?
A: JEDS (Judiciary Electronic Document Submission) is New Jersey's official e-filing portal for self-represented litigants and attorneys. While you can also file in person or by mail, JEDS is available 24/7, provides immediate filing confirmation, and is the fastest method. Each required document must be uploaded as a separate PDF.

Conclusion

Understanding New Jersey's divorce filing requirements is your first step toward a smoother divorce process. While the multiple required forms and strict procedural rules may seem complex, this checklist ensures you start your case properly and avoid costly delays caused by missing documents or filing in the wrong venue.

Ready to estimate your total divorce costs beyond just filing fees? Use our free New Jersey Divorce Cost Calculator above to get a personalized breakdown based on your situation. For comprehensive information about New Jersey divorce laws covering property division, child support calculations, and alimony, explore our related guides below.

Remember: knowledge is power during divorce. The more you understand about New Jersey's requirements, the better equipped you'll be to protect your financial future, navigate the Superior Court Family Part efficiently, and move forward with confidence.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Divorce laws vary by state and change frequently. For personalized guidance, consult a licensed family law attorney in your jurisdiction. DivorceAI provides educational resources and planning tools but is not a law firm and does not provide legal representation.

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