Uncontested Divorce in New Jersey: Requirements, Process and Timing

When spouses agree on how to end their marriage, New Jersey offers a relatively direct path to a final judgment, with the spouses, not a judge, deciding the terms. This guide explains the requirements, the paperwork, the timing and what becomes public. If you will file in New York instead, see our New York uncontested divorce guide.

What is an uncontested divorce in New Jersey?

An uncontested divorce is one in which both spouses agree to the divorce and on all of its terms. It starts like any New Jersey divorce: one spouse (the plaintiff) files a complaint for divorce in the Superior Court, Chancery Division, Family Part. It is uncontested because the other spouse (the defendant) does not oppose it and every issue is settled, including:

• equitable distribution, meaning the division of property and debts acquired during the marriage (gifts from third parties and inheritances are generally excluded; N.J.S.A. 2A:34-23(h));
• alimony, or an agreement that none is due;
• custody, parenting time and child support; and
• retirement accounts, insurance, and lawyers’ fees and court costs.

Who can file: New Jersey’s residency requirement

For every ground except adultery, at least one spouse must have been a bona fide (genuine) New Jersey resident for the full year before the complaint is filed. For adultery, it is also enough that a spouse was a bona fide resident when the adultery occurred and has remained one through the filing (N.J.S.A. 2A:34-10).

Where you married does not matter. A couple who married in New Jersey but live elsewhere cannot file here unless one spouse meets this rule.

Grounds for an uncontested divorce in New Jersey

A ground is the legal reason for the divorce. New Jersey has two no-fault grounds (N.J.S.A. 2A:34-2):

• Irreconcilable differences that have caused the breakdown of the marriage for at least six months, make it appear that the marriage should be dissolved, and leave no reasonable prospect of reconciliation (N.J.S.A. 2A:34-2(i)). The six months must have passed before you file; it is not a waiting period after filing.
• Separation: the spouses have lived separate and apart “in different habitations” for at least 18 consecutive months, with no reasonable prospect of reconciliation, which the statute presumes once the 18 months have passed (N.J.S.A. 2A:34-2(d)).

Neither ground requires proof that a spouse did anything wrong, and irreconcilable differences does not require living apart, which usually makes it the simpler choice for an agreed divorce. New Jersey also has fault grounds such as adultery, extreme cruelty and desertion.

The marital settlement agreement

A marital settlement agreement (MSA), also called a property settlement agreement, is the written contract in which the spouses resolve every issue. It is usually made part of the Final Judgment of Divorce, so the court can enforce it. A prenuptial agreement may already settle some issues; see our guide to New Jersey prenuptial agreements.

Alimony

New Jersey has no alimony formula. A court weighs the factors in N.J.S.A. 2A:34-23(b) and may award open durational, rehabilitative, limited duration or reimbursement alimony. When a court sets alimony after a marriage of less than 20 years, it may not, except in exceptional circumstances, last longer than the marriage (N.J.S.A. 2A:34-23(c)). Spouses may agree that none is due or agree on its terms.

If the agreement includes alimony, the court rules also require the spouses to document the marital standard of living, for example by declaring in the agreement that it satisfies that standard or by preserving their Case Information Statements until alimony ends (R. 5:5-2(e)).

Child support, custody and parenting time

Child support follows the New Jersey Child Support Guidelines. A guidelines worksheet must be attached to any judgment that includes child support, and if the agreed amount differs from the guidelines amount, the worksheet must state why (R. 5:6A). The court must order the custody arrangement the parents agree on unless it is contrary to the child’s best interests (N.J.S.A. 9:2-4(d)).

When custody, parenting time or support of a minor child is at issue, each parent must also complete the Parents’ Education Program before the judgment is entered, unless an exception applies (N.J.S.A. 2A:34-12.5).

Retirement accounts

Private-employer plans such as 401(k)s and pensions are generally divided by a qualified domestic relations order, or QDRO, that the plan accepts (26 U.S.C. § 414(p)). IRAs are not divided by QDRO; a transfer of an IRA interest to the other spouse under the divorce judgment is not a taxable transfer (26 U.S.C. § 408(d)(6)). The MSA should say exactly how each account will be divided.

Should each spouse have a lawyer?

New Jersey does not require a lawyer; a party may represent themselves (R. 1:21-1(a)). But each spouse should have their own lawyer review the MSA before signing it. The agreement can govern your finances and parenting for years, and in a divorce on the papers, the court does not review or evaluate it.

The Case Information Statement

The Family Case Information Statement (CIS) is a court form in which a spouse lists income, expenses, assets and debts and certifies that the information is true, with recent tax returns and the three most recent pay stubs attached. It is required in contested cases where custody, support, alimony or equitable distribution is at issue, and the court can require one in any other case (R. 5:5-2(a)).

Each spouse files a CIS, or a certification that none is required, within 20 days after the answer or appearance is filed or at another time the court sets (R. 5:5-2(b)). Even in a settled case, a complete CIS documents the finances the agreement relies on.

Step by step: the New Jersey uncontested divorce process

1. Confirm residency and a ground. One spouse meets the residency rule, and the ground already exists.
2. Exchange financial information and negotiate the MSA, directly, through lawyers or with a mediator.
3. File the complaint in the Family Part with the required supporting documents, including a sworn or affirmed statement that it is true and made in good faith without collusion, an insurance-coverage affidavit and a Confidential Litigant Information Sheet (R. 5:4-2).
4. Serve the defendant. A cooperating defendant can sign an acknowledged acceptance of service instead (R. 4:4-6).
5. The defendant responds. The defendant has 35 days after service to file an answer (R. 4:6-1(a); R. 5:1-1), or may instead file a general appearance, which allows the defendant to be heard on custody, support, property and fees without answering (R. 5:4-3(a)). If there is no response, the plaintiff can request a default (R. 5:5-10).
6. File Case Information Statements (or certifications) and, with minor children, complete the Parents’ Education Program.
7. Sign the MSA, before or after filing, once each spouse’s lawyer has reviewed it.
8. Finalize the divorce at an uncontested hearing or on the papers. The judge signs the Final Judgment of Divorce, which can incorporate the MSA.

The final hearing, or divorce “on the papers”

At an uncontested hearing, the judge typically confirms the facts in the complaint, such as residency and grounds, and asks each spouse whether they understand the settlement agreement, believe it is fair and reasonable, and signed it voluntarily and without coercion. The judge then enters the Final Judgment of Divorce.

New Jersey also allows a default or uncontested divorce to be finalized without a court appearance. Under Directive #01-25 (March 19, 2025), both spouses in an uncontested case file a certification on form CN 12620, which tracks the judge’s standard questions; each spouse also waives a trial and acknowledges that the court will not review the agreement. The plaintiff submits proof of service, the agreement and a proposed judgment stating that the court did not review or evaluate the agreement. The judge can still require an appearance.

The judgment can also allow either spouse to resume a name used before the marriage or to assume another surname (N.J.S.A. 2A:34-21).

How long does an uncontested divorce take in New Jersey?

There is no fixed timeline and no statutory waiting period after filing. The steps above set the pace, and a cooperating spouse can respond well before the 35-day deadline. The two hardest steps to predict are how long the spouses take to finish the agreement and when the court can hold the hearing or act on the papers.

Calendars differ by location. In a January 2025 report, the Supreme Court’s Family Practice Committee noted practitioners’ reports of delays in getting hearing dates for uncontested or settled divorces, and a lack of judicial and staff resources that varies by vicinage, the Judiciary’s regional court divisions.

What becomes public in a New Jersey divorce?

New Jersey court records are open to the public unless a rule excludes them (R. 1:38-1). In a divorce, the main exclusions under R. 1:38-3 are:

• Case Information Statements and settlement agreements incorporated into judgments, which only the parties and their lawyers can see (R. 1:38-3(d)(1));
• the Confidential Litigant Information Sheet and the insurance-coverage affidavit (R. 1:38-3(d)(2));
• custody evaluations and parenting-time plans (R. 1:38-3(d)(13)); and
• mediation records, though not the fact that mediation occurred (R. 1:38-3(f)(1)).

These rules apply whether or not the case is contested. Other filings, such as the complaint and the judgment itself, are generally public, and sealing other information requires good cause (R. 1:38-11). A 2025 court committee recommended making all Family Part records confidential, but as of October 2026 the published rule still lists specific records; check the current version before relying on this summary.

What does an uncontested divorce cost in New Jersey?

We do not publish a fixed fee for New Jersey divorces; ask us for a quote. The cost depends mainly on whether the terms are already agreed; whether there are children, real estate, a business or retirement accounts that need a separate order; and whether the case proceeds by default. Court filing fees are separate.

When an uncontested divorce may not fit

An uncontested divorce depends on cooperation and honest disclosure. It may not fit if you disagree on major issues, suspect hidden income or assets, have experienced domestic violence or fear your spouse, or if one spouse controls the finances and the other lacks the information to evaluate an offer.

Disagreement does not always mean a trial. Each party’s first filing must certify that they were informed of alternatives such as mediation, arbitration and collaborative law (R. 5:4-2(h)); see our discussion of mediation in an uncontested divorce, written for New York readers. In a New Jersey collaborative divorce, if the process fails and the dispute goes to court, the collaborative lawyers and their firms cannot continue to represent the spouses in it (N.J.S.A. 2A:23D-7(e)).

Frequently Asked Questions

How long does an uncontested divorce take in New Jersey?

There is no fixed timeline. New Jersey has no statutory waiting period after filing, so the pace depends on how quickly the spouses finish their settlement agreement, when the defendant is served and responds (an answer is due within 35 days after service), whether the Parents’ Education Program applies, and how soon the court can hold the final hearing or process a divorce on the papers.

What are the residency requirements for divorce in New Jersey?

For every ground except adultery, at least one spouse must have been a bona fide New Jersey resident for the full year before filing. In an adultery case, it is also enough that a spouse was a bona fide resident when the adultery occurred and has remained one until filing (N.J.S.A. 2A:34-10). Where the couple married does not matter.

Is there a waiting period for divorce in New Jersey?

No statutory waiting period starts when you file. The time requirements are built into the grounds and must be met before filing: at least six months of breakdown for irreconcilable differences, or at least 18 consecutive months of living apart for separation (N.J.S.A. 2A:34-2). After filing, timing depends on service, the defendant’s 35 days to answer, and the court’s calendar.

Do you have to go to court for an uncontested divorce in New Jersey?

Not always. The traditional route is a final hearing at which the judge confirms the facts and asks each spouse whether they understand the settlement agreement and signed it voluntarily. New Jersey also allows divorce on the papers: both spouses file certifications on the Judiciary’s form CN 12620, and the plaintiff submits a proposed judgment. The judge can still require an appearance.

Are divorce settlement agreements public in New Jersey?

No. Settlement agreements incorporated into a divorce judgment, and Case Information Statements, are available only to the parties and their lawyers, whether or not the case was contested (R. 1:38-3(d)(1)). Other records, such as the complaint and the judgment itself, are generally public. A spouse can ask the court to seal other information but must show good cause (R. 1:38-11).

If you and your spouse are ready to finalize an agreed divorce in New Jersey, or want to know whether your case can proceed as uncontested, Joel Yacoob is admitted in New Jersey and New York and personally handles every matter. Consultations are by phone or video. Start your intake online and ask for a quote. For a divorce filed in New York, see our uncontested divorce page, which covers the New York process.

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This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. The law changes and every situation is different; consult a lawyer about your own circumstances.