Process

Contested Divorce in New Jersey

What to expect from a contested divorce in New Jersey. Timeline, costs, and strategies. New Jersey follows equitable distribution.

Property Type

Equitable

Filing Fee

$300–$325

Median Cost

$12,000–$52,000

Annual Divorces

28,000+

Understanding Contested Divorce in New Jersey

To file for divorce in New Jersey, you must meet New Jersey’s residency requirement of 12 months. The filing fee is $300–$325. There is no mandatory waiting period, which can expedite uncontested cases.

New Jersey allows both no-fault and fault-based divorce. Fault grounds include: Adultery, Desertion, Extreme cruelty, Imprisonment, Deviant sexual conduct. Filing on fault grounds may affect property division or alimony awards.

An uncontested divorce in New Jersey typically costs $12,000 and takes 2–4 months. Contested cases average $52,000 and can take 12–18 months or longer. The governing statute is N.J.S.A. §2A:34-2.

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Common Questions

How long do you have to live in New Jersey to file for divorce?
New Jersey requires 12 months of residency before you can file for divorce. N.J.S.A. §2A:34-2 governs the filing requirements.
Is New Jersey a community property or equitable distribution state?
New Jersey follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in New Jersey?
Filing fees in New Jersey range from $300–$325. The median total cost is approximately $12,000 for uncontested divorces and $52,000 for contested cases.
How long does a divorce take in New Jersey?
New Jersey has a mandatory waiting period of no mandatory waiting period. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in New Jersey?
New Jersey uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about contested divorce in New Jersey and is not legal advice. Verify current statutes with N.J.S.A. §2A:34-2 or consult a licensed New Jersey attorney. Last reviewed March 2026.