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Divorce with Children in New Jersey

How divorce affects children in New Jersey. Custody, support, and co-parenting strategies. New Jersey follows equitable distribution.

Property Type

Equitable

Filing Fee

$300–$325

Median Cost

$12,000–$52,000

Annual Divorces

28,000+

Understanding Divorce with Children in New Jersey

New Jersey courts determine all custody matters using the best interest of the child standard. This means the court evaluates each parent’s ability to provide a stable, nurturing environment, the child’s existing relationships and routines, and any special needs or preferences (for children old enough to express them).

Child support in New Jersey is calculated using the Income Shares model. Both parents' incomes are combined, and the state's guideline table determines the total obligation. Each parent's share is proportional to their income.

New Jersey recognizes both legal custody (decision-making authority) and physical custody (where the child lives). Joint legal custody is common; physical custody arrangements vary based on the family’s circumstances. The filing fee to initiate custody proceedings in New Jersey is $300–$325.

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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 divorce with children 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.