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Online divorce in New Jersey

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How to get an online divorce

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Answer Detailed Questions

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Disclaimer: Online Divorce is not a law firm and its services, website and forms are not a substitute for the advice of an attorney. Online Divorce provides access to computer-aided self-help services at your specific direction. Online Divorce's website and written instructions provide general information about the divorce process only; we cannot give you any specific advice, opinions or recommendations as to your selection or completion of forms or your particular legal rights, remedies or options. OnlineDivorce.com is a website that provides access to self-guided online questionnaires. Online Divorce does not sell blank forms. You may be able to download blank forms from a government website depending on your state.

Communications between you and Online Divorce are governed by our Privacy Policy but are not covered by the attorney-client or work product privileges. Your access to Online Divorce's website is subject to and governed by our Terms Of Use. Any purchase from Online Divorce is subject to and governed by our Terms & Conditions.

by Jamie Kurtz

Jamie Kurtz has been a practicing divorce lawyer since 2008. She received her Juris Doctorate from Southwestern Law School in Los Angeles in 2007. Ms. Kurtz was selected to Rising Stars for 2013 - 2016, 2019 - 2020, a peer designation awarded only to a select number of accomplished attorneys in each state. She also co-founded a law firm that specializes in uncontested divorce cases.

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Online Divorce in New Jersey

divorce in New Jersey

For those seeking an inexpensive divorce in the state of New Jersey, online divorce is an easy, affordable and fast solution. Online divorce may be appropriate for couples who have an uncontested case. The step-by-step process of preparing divorce documents at Onlinedivorce.com makes it easy on you. We help prepare all of the necessary divorce forms and provide detailed written instructions on how to file your divorce in New Jersey.

Our divorce documents preparation service can be a perfect solution for those who want to have their divorce papers completed quickly and stress-free. Even though New Jersey has unique divorce forms and filing requirements, our online system can provide you with exactly what you need and provide instructions on how to file. We have helped thousands of people prepare their divorce documents for filing.

If you and your spouse agree on the terms of the divorce and want an amicable dissolution to your marriage, why should the process get drawn out and why should you spend money on lawyers? Online divorce is often cheaper, quicker and easier.

Online divorce can be a perfect option if you want to save money or if you hope to have your divorce quickly finalized so you can get on with your life. Preparing documents for divorce online in New Jersey is quickly becoming very popular because you can complete the documents in the comfort of your home. Even if you think your case is too complex because you have children, own your own home or have other assets, you may still be able to prepare your documents online. Just start with our simple questionnaire, and we’ll provide you instructions for each step of the way.

Finally, you don’t have to worry - our process is 100% secure. We protect your information and nothing is filed until you submit the divorce papers to the courthouse yourself. Filing for divorce in New Jersey with the Onlinedivorce.com system can be a simple solution to a difficult situation.

Filing:

When you use OnlineDivorce.com, we help you fill out your divorce paperwork using a simple online questionnaire. You can fill it out alone or with the assistance of your spouse. Then, you will need to get a signature from your spouse and you can file the divorce forms with your local court. In New Jersey, you will typically file with the courthouse in the county in which you currently reside. If a petitioner is not currently a resident, but a defendant is, divorce is typically filed in the county where the defendant resides.

The actual filing process is explained in our detailed court-filing instructions that we provide along with your completed divorce forms. You can also obtain assistance from your local courthouse by calling or stopping by.

After the initial filing, you may need to follow up if there are any issues with your documents. When you use OnlineDivorce.com, we allow you to make small adjustments to your forms as requested by the court at no additional charge. Our goal is to help you obtain your divorce with as little hassle and stress as possible using our online divorce documents preparation service.

Residency:

Every state has specific requirements where divorcing couples must establish residency within the state they are divorcing. New Jersey is no exception.

In New Jersey the divorce may be filed for in any of the following:

1

One of the spouses must be a resident of the state for at least one year before filing for divorce or

2

The cause for divorce is adultery and it took place in New Jersey plus one of the spouses must have been a resident--though there is no set time period in this case.

The divorce can be filed for in any county within the state. [New Jersey Statutes Annotated; Title 2A, Chapters 34-8 and 34-10].

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Valid grounds to get divorce in New Jersey

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Grounds for an online divorce using OnlineDivorce.com are the same as they would be for any divorce within the State of New Jersey. Grounds are merely the reason for divorce, and the state must approve them.

No-fault reasons for divorce in New Jersey include:

#1

Living separate for at least 18 months and no reasonable expectation of reconciliation. [New Jersey Statutes Annotated; Title 2A, Chapter 34-2].

General reasons for divorce in New Jersey include:

#1

Adultery;

#2

Imprisonment for a minimum of 18 months;

#3

Deviant or unnatural sexual behavior;

#4

Alcoholism or drug addiction;

#5

Institutionalism for incurable insanity;

#6

Abandonment for one year;

#7

Cruel treatment;

#8

Separation for at least two years caused by mental illness; and

#9

Extreme cruelty. [New Jersey Statutes Annotated; Title 2A, Chapter 34-2].

Please note that some of these reasons for divorce will require proof in the court, making them a bigger challenge than others.

OnlineDivorce reviews

Wesley H., Missouri

I started my divorce on my own, spending loads of money on lawyer visits in the beginning. So I decided to google for other ways and using this site was so much more simple!

James V., Texas

I had a very successful business at the time. So, making sure I had the right forms was very very important during my divorce. I was so surprised at how easy and smooth this process was.

Chloe J., Florida

After years of a tumultuous marriage, I finally decided that I needed to reclaim my life. I was looking for how to go about it and came across this site and they simplified and made the process of divorce easy for me. I never thought it would’ve been possible.

Will S., Colorado

Stress-free and easy! I was initially gonna hire a lawyer but I found online divorce the next best option. No muss, no fuss divorce. No big legal words that I’d have to have read 10 times to understand!

Marco P., California

California is expensive and divorce can be even more expensive in the end but I can say that this site payed everything out for me to follow, from child support to alimony. My ex agreed to go this way as well so it was a much less expensive option for us.

Tamara B., Nevada

Because of the whole dissolution of the marriage, I was struggling with two children and just in limbo with my husband at the time because of child support and alimony. I was a stay-at-home mom for 10 years. I just want to say that this site helped me sort it out. Thank you.

Theresa S., New York

I live in upstate NY and unfortunately one day I found myself in a situation for divorce. I was all out of whack, needed answers to take action. Enough was enough so I did it on this site. Everything was clear to understand, all forms and what to put in which box.

Livy B., Illinois

Onlinedivorce.com is the bomb! I mean, using it was so easy to follow. So, if you find yourself in this situation do your divorce here if possible. Documents for all stages, alimony, child support and all!

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Custody of the child in New Jersey

Custody of the child

Sole or joint legal or physical custody can be awarded for divorce cases in the state based on the following factors:

  • The overall physical, emotional, mental, religious, social and other needs of the child and
  • The preferences of the child, if the child is deemed to be of sufficient age and maturity.

No preference for child custody is to be given because of parent’s gender. It is important to note that a father may not forc­ibly take a minor child in any case from a mother’s actual physical custody. [New Jersey Statutes Annotated; Title 2A, Chapter 34-23 and New Jersey Case Law].

In some cases, custody can be set up as a short-term solution to be revisited at a later date if the family or living situation is expected to change dramatically.

Rules for child support in New Jersey

Child support is designed to make sure the children of divorcing parents will have access to the same level of care and lifestyle that they had before the divorce took place. Child support is not meant to be punitive in nature. New Jersey has put into place specific state-mandated child support guidelines which apply in almost every case, barring exceptional circumstances. With this, both parties’ gross incomes and certain child related expenses are considered when calculating the child support obligation. In the majority of cases, child support payments continue until the child reaches eighteen years of age, and they can extend until the completion of the child or children’s secondary education.

The court may award child support for the care, maintenance, and education of any children of the marriage. The factors considered in these cases include:

  • The needs and personal debts of the child;
  • The standard of living enjoyed during the marriage;
  • The financial resources, needs, and obligations of both parents;
  • The earning ability of each parent, to include educational background, training, employment skills, work experience, custodial responsibility for the children, cost of childcare, and the length and cost of education and training to obtain employment;
  • The needs of the child for education, including higher education;
  • The current age and health of the child and the parents;
  • The income, assets, and earning ability of the child, if applicable;
  • The responsibility of the parents for supporting others; and
  • Any other relevant factors.

There are specific New Jersey Supreme Court child support details which are contained in New Jersey Civil Practice Rules, Appendix IX. [New Jersey Statutes Annotated; Title 2A, Chapter 34-23].

Uncontested New Jersey divorce with children

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Rules for spousal support in New Jersey

Rules for spousal support

Alimony or spousal support, is on occasion ordered by the court to allow one spouse to live in a manner established during marriage after the divorce. It is often ordered if one spouse has a much higher earning power than another--such as if one spouse had served as a homemaker during much of the marriage, for instance. This support or assistance may be decided upon by the couple together before filing or may be awarded by the court in a contested case. The court may award rehabilitative (short-term) or more permanent alimony to either of the spouses in either lump-sum payments or as monthly/yearly payments or both.

Either spouse can be ordered to pay spousal support-- this is not based on fault--according to the following factors:

  • The length of the marriage;
  • The current and expected needs, obligations, and ability to pay such support of each spouse;
  • The standard of living enjoyed during the marriage and the likelihood that each spouse can maintain it;
  • The time and expense required to obtain sufficient education and training that would enable the spouse to find employment and that spouse’s potential earning capacity;
  • The current age of the spouses;
  • The wellbeing of the spouses;
  • The earning capacities, educational levels, vocational skills, and employability of both the spouses;
  • The duration of absence from the job market;
  • Any child care responsibilities of the spouse;
  • How available training and employment is;
  • The opportunity for the acquisition of capital and income;
  • The history of contributions of each spouse to the marriage, including the care and education of children and interruption of careers or educational opportunities;
  • The distribution of property and any payouts from this property, if a consideration of this income is fair and just;
  • Investment income available to either spouse;
  • Tax consequences of any alimony; and
  • Any other factor the court deems relevant. [New Jersey Statutes Annotated; Title 2A, Chapter 34-23].

Property division in New Jersey

Property division

When a couple chooses to divorce in New Jersey, they must distribute property in a fair and agreeable manner.

New Jersey is an “equitable distribution” state. A spouse’s property which was acquired before marriage is kept by that spouse. All of the other property (except gifts and inheritances) is divided equally, based on the following factors:

  • The value of each spouse’s marital property;
  • The value of the separate property of the spouses;
  • The duration of the marriage;
  • The current age and health of the spouses;
  • The amount of and sources of income of the spouses;
  • The debts and requirements of each spouse and the opportunity of each to acquire capital assets and income;
  • The standard of living established during the marriage;
  • How and by whom property was acquired;
  • Tax con­sequences of each spouse;
  • The contribution of each spouse to the acquiring marital property, including the contribution of each spouse as homemaker;
  • The economic situation of each spouse at property division time;
  • Any legal agreement between the spouses;
  • The current income and future earning capacity of the spouses;
  • The educational background and employable skills of the spouses;
  • Any parental responsibilities;
  • The duration of absence from the job market;
  • The time and expense for a spouse to train to become self-supporting at a standard of living comparable to that experienced during the marriage;
  • The need for the custodial parent to own or occupy the marital residence;
  • The desire to create a trust fund for future medical or educational requirements of a spouse or children; and
  • Any other factor that is required to assure justice between the spouses. [New Jersey Statutes Annotated; Title 2A, Chapter 34-23.1].

Why us? Review the OnlineDivorce.com difference

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Contested Divorce

Average prices start at $2000

Offline and inconvenient process with attorney representation for each spouse. Costly attorney fees resulting in unforeseen expenditures. Lengthy and expensive option.

  • Attorney availability impacts completion time
  • Each spouse has to hire an attorney, which automatically doubles legal costs
  • Potential court battles add to the already high-stress levels
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The premier uncontested divorce tool

Fully-guided, fast and affordable process. Experienced and reliable online divorce service using top-notch technology.

  • Ready-to-file divorce documents can be completed at your own pace with easy access for both spouses
  • Award-winning customer support
  • One flat fee (for both spouses) to access all completed documents for filing
  • Free revisions and free name change, no hidden fees
  • Detailed state-specific filing instructions
  • Review all and make changes from the comfort of your own home
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Other Online Divorce Services

Average prices start at $300

Other websites for filling out divorce documents use flawed software technologies to complete your divorce documentation.

  • Automated document preparation
  • Processing time varies but may take more than three business days
  • On-demand customer support, quality varies
  • One flat fee claimed, however many sites have hidden fees
  • No experience: many sites started operating just a few years ago

Mediation support in New Jersey

There are no legal requirements for mediation in the state of New Jersey.

For those seeking to prepare their divorce papers using OnlineDivorce.com, utilizing divorce mediation can be a great tool to smooth out disagreements and prevent the case from going to court. This can be the simplest way to assure a fast, easy and affordable online divorce.

Divorce forms in New Jersey

New Jersey forms produced by OnlineDivorce.com are court approved divorce forms. We have automated the process of filling them out to simplify matters and avoid any difficulties which may occur with filling out paperwork alone. By utilizing OnlineDivorce.com, you can simplify the process of preparing divorce documents and help both parties to move forward with their lives.

Divorce in New Jersey online

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Filing fees for divorce in New Jersey

When you file your divorce papers, the court will charge filing fees that may vary by county. These costs are in addition to the cost of using OnlineDivorce.com. Please check with your local courthouse to determine the exact amount.

how long will it take

The use of the OnlineDivorce.com service usually takes between 30 minutes and two hours or more depending on the complexity of your case. You’ll start filling out the questionnaire immediately and can either complete it in one sitting, or you can save your progress and complete it at a later date if that is more convenient for you.

Once you’ve gotten the documents complete, you will need to file them and get your spouse’s signature. You’ll have more information regarding the finalization of your divorce case once you complete your paperwork and submit it with the clerk of courts.

Frequently Asked Questions

Can I really file for divorce in New Jersey without a lawyer?

In New Jersey, like in other US states, the spouses are eligible to file a Pro Se divorce, which means a do-it-yourself divorce without legal representation. However, the procedure the person should follow to file for divorce in New Jersey is the same regardless of whether the parties proceed as self-represented litigants or seek attorneys' help.

Although DIY divorce without a lawyer is a legit option, legal experts usually do not recommend the spouses who contest the case to arrange such a do-it-yourself divorce due to higher risks associated with high-conflict divorce cases. Pro Se divorce is typically more suitable for those couples who do not have huge assets, marital property, and minor children, or at least have an agreement containing the terms and conditions that apply to their separation.

Besides, those couples who do not want to hire a lawyer for their uncontested case can take advantage of other divorce options and services to settle particular matters amicably and at a lower cost. For example, they can use OnlineDivorce.com to complete their divorce forms, participate in mediation sessions to resolve all the child-related issues out-of-court, hire an appraiser to divide the marital property, etc.

How can I file for divorce in New Jersey without a lawyer?

A divorce procedure in New Jersey includes several mandatory steps for all couples, regardless of the type of divorce and other peculiarities of a specific case.

To start a divorce process, the spouse initiating the case (called the petitioner, or plaintiff) has to complete and file the Complaint for Divorce along with other legal forms with the Family Division of the Superior Court and pay a court filing fee.

Once the petition is filed, the plaintiff shall serve the second spouse (called the defendant) with copies of the Complaint and the Summons, following the rules of civil procedure. Thus, the plaintiff must deliver the copies of papers to the defendant within 30 days of the date of filing with the help of the Sheriff's Office, by hiring a private process service, or via certified mail. Along with other papers, the Acknowledgement of Service form and the receipt from the process server must be submitted.

After the defendant responds to the Complaint, the couple can wait for the final hearing's date to be scheduled. New Jersey laws do not require a waiting period for issuing the divorce.

How much does it cost to get an uncontested divorce in New Jersey?

The cost of divorce in New Jersey is hard to predict without considering the particular divorce case, so there is no single answer to this question.

Since lawyers' fees often make up the lion's share of the expenses for a divorce, a lot depends on whether the parties contest the case and hire full-service attorneys.

If the spouses do not seek attorneys' help, the divorce cost may also vary, depending on what other services they use and what legal aid they get. Plenty of options are available, from free online legal advice to marriage counseling, family therapy, unbounded attorneys' services, and other specialists' help, which can be rather expensive. Thus, an uncontested divorce is not a panacea for getting a low-cost divorce, but the spouses have broad discretion in managing their expenses and choosing the most comfortable options.

How long do you have to live in New Jersey to file for divorce?

The couple must foremost meet New Jersey residency requirements to start a divorce procedure within the state.

According to the New Jersey Revised Statutes, either spouse must be a resident of the state for at least a year before filing the Complaint for Divorce with the Superior Court's Family Division.

The only exception is divorces based on the fault ground of adultery. In such cases, there is no need to comply with the residency requirement if either party currently lives in New Jersey.

How long do you have to respond to divorce papers in New Jersey?

New Jersey laws do not require any waiting period after a divorce complaint is filed. Therefore, the length of the divorce procedure can largely depend on how quickly the defendant answers the divorce documents.

Once served with the papers, the defendant has 35 days to file a Response.
If the defendant does not respond to the Complaint for Divorce within this period, the plaintiff can ask the court for a default judgment.

How do you get a free divorce in New Jersey?

The cheapest possible way to get divorced in New Jersey is to arrange a divorce without a lawyer and other paid legal aid or services. However, the plaintiff still has to pay the mandatory court filing fee.

The plaintiff has the right not to pay a court filing fee only if they cannot afford these fees and can prove it to the court.

The plaintiff must file the Fee Waiver form, and if the court finds that the request is fair and reasonable, it issues an order exempting this person from paying court filing fees.

What papers do I need to file for a divorce in New Jersey?

Even though the legal forms required for each divorce case may slightly vary, the basic package of divorce forms the spouses must file in New Jersey typically includes Complaint for Divorce, Summons, Matrimonial Case Information Statement, Civil Case Information Statement, Answer, Appearance, Property Settlement Agreement, Certification of Service, Final Judgment of Divorce.

Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
  • We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
  • We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
  • We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.
  • We guarantee 100% court approval on divorce papers prepared through our website or your money back - we have 20 years of experience in completing divorce forms so clients can be sure the court will accept their documents without issues.

I can recommend Online Divorce without a doubt. This is an excellent solution for anyone requiring a reliable paperwork drafting service at a reasonable price.

⭐⭐⭐⭐⭐ Melissa D.