Divorce in New Jersey, start to finish
See a different stateNew Jersey
New Jersey at a glance
- Residency: one spouse must have lived in New Jersey for the full year before filing (N.J.S.A. 2A:34-10). The one exception is adultery grounds, which has no waiting period.
- Filing the complaint starts at $300 (CN 11208). Service is due within 60 days, and the response is due 35 days after service.
- Certifications replace notaries for almost every document except one.
- E-filing: self-represented filers can use the Judiciary Electronic Document Submission system (JEDS), which is free. Paper is still accepted.
Every figure is from the sections below and carries its source. Sources last checked 11 October 2026. Spot something out of date? See our corrections or email hello@thecusp.app.
New Jersey doesn’t give you a fill-in-the-blank petition the way some states do — and it uses certifications instead of notaries for almost everything except one document. What it doesn’t give you is the order, the deadlines, or anyone to tell you which of those two things applies to which paper. That’s this.
Put in the day you filed and this page works out every deadline in your case, then hands you a calendar file that reminds you a week before each one and again the day before. It opens in the calendar you already use. Free, no account, nothing stored.
Which forms do you actually need?
Your route and its conditions, the forms grouped by route, how filing actually works in New Jersey, and the sequence with its costs.
First, which route you are on. Each one opens to the conditions the rule actually sets.
Divorce on the Papers — the uncontested track
Directive #01-25
Available only where all of these are true:
- The spouses have agreed, in writing, on how to divide property and debts — and on custody and support where that applies.
- The other spouse is not contesting the divorce and is responding.
The contested track
This is the route wherever either of these is true:
- The spouses have not yet agreed on how to divide things.
- A spouse is contesting, is not responding, or things are otherwise complicated.
Grouped exactly as New Jersey labels them. Every number links to the official PDF.
All 5 forms
- CN 10486 — Confidential Litigant Information Sheet (on the contested track each spouse files their own)
- CN 10888 — Descriptive Material — Dispute Resolution Alternatives (read this first)
- CN 10889 — Self-Represented Litigant Certification that you read the above — the CDR Certification (on the contested track each spouse files their own)
- CN 10482 — Family Part Case Information Statement — on the uncontested track, recommended where alimony is part of the agreement; on the contested track, both spouses file one, due 20 days after the Answer or Appearance
- CN 11208 — Application for a Fee Waiver (only where the filing fee cannot be afforded)
You may e-file, but you do not have to
The checklist is not something you file. It is your worktable — what to do, in what order, and what it costs. The forms are what reaches the court, and this is how they get there in New Jersey.
- Portal
- Judiciary Electronic Document Submission (JEDS) for self-represented filers; eCourts for attorneys
- Paper
- Still accepted — you can file over the counter.
- What it costs
- JEDS itself is free, and so is paying by ACH transfer from a U.S. bank. Paying by credit or debit card adds a non-refundable 3% – $9.00 on the $300 complaint fee – in the Judiciary’s own words, ‘A non-refundable 3% fee is charged for this payment type’. The fees themselves: $300 divorce complaint; $25 Parents’ Education Program registration for each party where custody, visitation or child support is at issue; $175 for the defendant’s first responsive pleading.
- Account
- Yes for JEDS — a self-represented filer registers or logs in through the NJ Courts system. No registration cost is published.
- Worth knowing
- New Jersey draws the line by system rather than by rule: eCourts is the attorney system (mandatory in Special Civil, foreclosure, and non-emergent appellate matters per the eCourts and eCourts Civil pages), while JEDS is the self-represented and general-purpose upload channel. Family/dissolution is explicitly listed among JEDS-eligible case types. The self-help divorce page’s mail-in alternative is the affirmative confirmation that paper is still accepted.
Each step with the forms it names and the money it costs. The full detail of every step is in the section below. Print this part.
| # | Step | Forms it names | Cost |
|---|---|---|---|
| 1 | Confirm residency and pick your grounds | None named | — |
| 2 | File your Complaint packet Day 0 | CN 11208 | $300 · $25 |
| 3 | Serve your spouse within 60 days | None named | $24 |
| 4 | Their response is due 35 days from service | None named | $175 |
| 5 | Exchange your Case Information Statement 20 days after the Answer/Appearance | None named | — |
| 6 | Complete the Parents’ Education Program, if you have children | None named | $25 |
| 7 | If it’s contested — settlement events before trial | None named | — |
| 8 | Finalize | CN 12620 | — |
Every figure here is this page’s own, from the costs section below. A fee waiver application is free to file and is listed with the forms above.
| Complaint filing fee (plaintiff) | $300 |
| Parents’ Education Program fee, per parent (if custody, visitation or child support is at issue) | $25 |
| Defendant’s responsive pleading fee | $175 |
| Sheriff service of process, plus mileage | $24 + mileage |
| Notary for your Property Settlement Agreement (bank, in person, or RON) | $0–25 |
| Economic mediation, after the first 2 free hours | court-set, split |
| Typical all-in, uncontested, doing it yourselves | $324–399 |
The short version8 points · tap one to jump to it
- The two routes, and what the rule requires — New Jersey does not split people up by whether they have children the way some states do.
- Every form New Jersey publishes for a divorce — Every numbered CN form is free from the New Jersey Judiciary.
- Getting the forms, filling them in, and certifying — not notarizing — most of it
- Your deadlines, calculated — New Jersey's clock runs off three dates, not two — when you filed, when your spouse was served, and when their Answer or Appearance was filed.
- The order it actually happens in
- The rejection-proofing checklist — Sign your certifications yourself — no notary needed, no notary block to fill in.
- Your Case Information Statement — what has to be attached — Unlike some states, New Jersey doesn't hand you a fixed lookback window ("36 months of bank statements") — the Case Information Statement (CN 10482) just requires accurate current figures, backed by real documentation.
- What this costs — Unlike some states, New Jersey's court filing fees are set once, statewide, by statute (N.J.S.A. 22A:2-12) — the $300 complaint fee is the same in every county.
In this subject 8
1 · The two routes, and what the rule requires
The short version8 points · tap one to jump to it
- The two routes, and what the rule requires — New Jersey does not split people up by whether they have children the way some states do.
- Every form New Jersey publishes for a divorce — Every numbered CN form is free from the New Jersey Judiciary.
- Getting the forms, filling them in, and certifying — not notarizing — most of it
- Your deadlines, calculated — New Jersey's clock runs off three dates, not two — when you filed, when your spouse was served, and when their Answer or Appearance was filed.
- The order it actually happens in
- The rejection-proofing checklist — Sign your certifications yourself — no notary needed, no notary block to fill in.
- Your Case Information Statement — what has to be attached — Unlike some states, New Jersey doesn't hand you a fixed lookback window ("36 months of bank statements") — the Case Information Statement (CN 10482) just requires accurate current figures, backed by real documentation.
- What this costs — Unlike some states, New Jersey's court filing fees are set once, statewide, by statute (N.J.S.A. 22A:2-12) — the $300 complaint fee is the same in every county.
In this subject 8
New Jersey does not split people up by whether they have children the way some states do. What splits a case in two is agreement: whether the spouses agree on everything, or not. Having children does not knock a case off the simpler route here — what matters is agreement, not family size.
Residency comes first. N.J.S.A. 2A:34-10 requires one spouse to have been a bona fide resident of New Jersey for the full year before filing. There is exactly one exception: where the grounds is adultery, there is no waiting period at all. Adultery grounds still have to be proved, typically with some corroboration, and where the person the other spouse was involved with is named, that person may need to be served too.
Divorce on the Papers — the uncontested track
Directive #01-25
New Jersey’s uncontested route, and it can finish without either spouse ever appearing in court. Each spouse files a short certification, attaches the signed and notarized Property Settlement Agreement, and a judge signs off on the papers alone.
Available only where all of these are true:
- The spouses have agreed, in writing, on how to divide property and debts — and on custody and support where that applies.
- The other spouse is not contesting the divorce and is responding.
Unlike some states, having children does not knock a case off this route. Where there are children, the Parents’ Education Program and a custody and parenting-time plan still apply, but the courtroom can still likely be skipped.
The contested track
Case Management Conferences, a mandatory Early Settlement Panel — or Economic Mediation where that does not resolve the finances — and, where none of that settles it, a trial. It is slower and more paperwork, but a case that is not especially complex is still something a person can represent themselves through.
This is the route wherever either of these is true:
- The spouses have not yet agreed on how to divide things.
- A spouse is contesting, is not responding, or things are otherwise complicated.
A spouse who will not formally join the Complaint but is also not fighting it can file an Appearance instead of an Answer — they get heard on the issues that matter to them without turning the case into a fight over the divorce itself. The Case Information Statement is due 20 days after the Answer or Appearance.
2 · Every form New Jersey publishes for a divorce
The complete list for both routes, not a shortlist — because which forms a case needs depends on facts only you and, if you need one, your lawyer can weigh. Each row says which route it belongs to and carries the revision date clerks check. Every numbered CN form is free from the New Jersey Judiciary. A few documents — the Complaint itself, the Summons, the Property Settlement Agreement — New Jersey does not hand out a state template for at all; the table says so rather than pretending otherwise.
The Cusp is not a law firm and cannot tell you which forms are right for your case. Everything here is general information about how New Jersey handles divorce, and every form below is published free by New Jersey itself — you do not have to buy anything from anyone to get them. If your situation is not straightforward, a consultation with a New Jersey family lawyer costs far less than fixing a filing that went wrong.
| Form | What it is | Route | Rev. | |
|---|---|---|---|---|
| — | Divorce Complaint — no state form; draft your own or use LSNJ’s $25 divorce kit | All | — | see LSNJ / clerk |
| — | Certification of Verification and Non-Collusion (R. 5:4-2(c) — attached to your Complaint) | All | — | see LSNJ / clerk |
| — | Summons — no state form; template from LSNJ or your county Ombudsman | All | — | see LSNJ / clerk |
| CN 10486 | Confidential Litigant Information Sheet (on the contested track each spouse files their own) | All | 11/24 | Download |
| CN 10888 | Descriptive Material — Dispute Resolution Alternatives (read this first) | All | — | Download |
| CN 10889 | Self-Represented Litigant Certification that you read the above — the CDR Certification (on the contested track each spouse files their own) | All | — | Download |
| — | Certification of Insurance Coverage (R. 5:4-2(f) — no fixed form; list every policy. On the contested track each spouse files their own) | All | — | see LSNJ / clerk |
| CN 12620 | Certification in Support of Judgment of Divorce Without a Court Appearance | Divorce on the Papers | 03/25 | Download |
| — | Property/Marital Settlement Agreement — signed by both spouses and notarized | Divorce on the Papers | — | see LSNJ / clerk |
| CN 10482 | Family Part Case Information Statement — on the uncontested track, recommended where alimony is part of the agreement; on the contested track, both spouses file one, due 20 days after the Answer or Appearance | All | 08/25 | Download |
| — | Custody & Parenting Time terms (built into your Settlement Agreement — no separate state form) | Divorce on the Papers | — | see LSNJ / clerk |
| — | Proposed Final Judgment of Divorce (no state form — draft your own) | Divorce on the Papers | — | see LSNJ / clerk |
| CN 11191 | Certification of Non-Military Service | Divorce on the Papers | — | Download |
| CN 13146 | Dissolution (FM) Judgment for Name Change + Addendum (only where a name change is requested) | Divorce on the Papers | — | Download |
| — | Answer, Answer & Counterclaim, or Appearance (the responding spouse files this) | Contested | — | see LSNJ / clerk |
| — | Custody & Parenting Time Plan (no fixed state form) | Contested | — | see LSNJ / clerk |
| — | Request to Enter Default (where a spouse never responds — no fixed Family Part form, ask the clerk) | Contested | — | see LSNJ / clerk |
| — | Acknowledgment of Service (where a process server was used, not the sheriff) | Contested | — | see LSNJ / clerk |
| CN 11208 | Application for a Fee Waiver (only where the filing fee cannot be afforded) | All | 09/18 | Download |
Every numbered CN form is free. Download fresh each time — the CIS and the “Divorce on the Papers” certification were both revised in 2025, and superseded versions get returned.
3 · Getting the forms, filling them in, and certifying — not notarizing — most of it
This is the part nobody explains, and it’s genuinely different from how most states do it. Get this section right and you’ll skip the single most common way self-represented New Jersey filings go sideways.
You may e-file, but you do not have to Your choice
- Portal
- Judiciary Electronic Document Submission (JEDS) for self-represented filers; eCourts for attorneys
- Paper
- Still accepted — you can file over the counter.
- What it costs
- JEDS itself is free, and so is paying by ACH transfer from a U.S. bank. Paying by credit or debit card adds a non-refundable 3% – $9.00 on the $300 complaint fee – in the Judiciary’s own words, ‘A non-refundable 3% fee is charged for this payment type’. The fees themselves: $300 divorce complaint; $25 Parents’ Education Program registration for each party where custody, visitation or child support is at issue; $175 for the defendant’s first responsive pleading.
- Account
- Yes for JEDS — a self-represented filer registers or logs in through the NJ Courts system. No registration cost is published.
- Worth knowing
- New Jersey draws the line by system rather than by rule: eCourts is the attorney system (mandatory in Special Civil, foreclosure, and non-emergent appellate matters per the eCourts and eCourts Civil pages), while JEDS is the self-represented and general-purpose upload channel. Family/dissolution is explicitly listed among JEDS-eligible case types. The self-help divorce page’s mail-in alternative is the affirmative confirmation that paper is still accepted.
Step one — get the forms
The numbered, official forms — Confidential Litigant Information Sheet, Case Information Statement, the “Divorce on the Papers” certification — are free here:
njcourts.gov — Self-Help: Divorce
The Complaint, Summons, Property Settlement Agreement, and proposed Final Judgment of Divorce don’t have official fill-in-the-blank state versions. Two honest, low-cost places to get real templates for those:
Legal Services of New Jersey — $25 divorce kit (forms + instructions), or their free self-help guide. Your county’s Superior Court Ombudsman can also hand you sample forms in person — that’s literally their job.
Don’t reuse a saved copy or one a friend used. The Case Information Statement (CN 10482) was revised in August 2025, effective September 1, 2025. The “Divorce on the Papers” certification (CN 12620) was rewritten under Directive #01-25 in March 2025. Older versions get returned as deficient.
Step two — fill them in on screen
Every njcourts.gov form is a fillable PDF — most even carry a “Print / Clear” toolbar at the top. Type into the fields, don’t handwrite. And before you file, redact Social Security numbers, dates of birth of minor children, driver’s license numbers, and account numbers on the copies that go to the court — Rule 1:38-7(b). Never redact your own personal file copy; you may need the unredacted original later.
Step three — certify most of it. Notarize the Settlement Agreement.
This is the thing that trips people up coming from another state. New Jersey court filings run almost entirely on certifications, not notarized affidavits. Nearly every form you’ll sign — your Complaint’s Certification of Verification and Non-Collusion, the Confidential Litigant Information Sheet, the Certification of Insurance Coverage, the Case Information Statement, the “Divorce on the Papers” certification — ends with some version of: “I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment.” That’s it. No notary block, no seal, no witness. You just sign and date it yourself (Rule 1:4-4(b)).
Your Property Settlement Agreement is not a certification — it’s a contract, and New Jersey Courts state plainly that for an uncontested divorce “the agreement must be signed by both parties and notarized.” Don’t treat it like everything else on this list. If you skip the notary on this one document, your uncontested judgment can stall.
New Jersey has permanent Remote Online Notarization law, so this doesn’t require an in-person trip. A video call, government ID, and an e-signature is enough — these are common RON platforms, plus the cheaper options:
| Service | Typical cost | |
|---|---|---|
| Proof (formerly Notarize) | ~$25 first seal, $10 each additional | Open ↗ |
| BlueNotary | ~$25 per session | Open ↗ |
| OneNotary | ~$25 first seal | Open ↗ |
| NotaryCam | ~$25 per session | Open ↗ |
| Notarize with your bank | Usually free for account holders | walk in |
| A UPS Store or local notary | $5–15 per signature | in person |
Step four — file them
You have three legitimate options, and none of them is mandatory over the others for a self-represented filer: electronically through the Judiciary Electronic Document Submission (JEDS) system, available 24/7, pay by card, upload each document separately (don’t combine them into one file); in person, three copies, to the Superior Court Family Division in your county; or by mail, two copies plus a check or money order to “Treasurer, State of New Jersey” plus a stamped self-addressed envelope. File in the county where you and your spouse last lived together, or where your spouse currently lives if you’ve left New Jersey (R. 5:7-1).
New Jersey runs two nearly identically-named self-help kits: FM (dissolution — this is divorce) and FD (non-dissolution — custody/support between people who were never married, or are already divorced). Grabbing the wrong one is a real and common mistake. The FD kit’s own instructions say, in so many words, not to use it if you’ve filed for divorce.
4 · Your deadlines, calculated
New Jersey’s clock runs off three dates, not two — when you filed, when your spouse was served, and when their Answer or Appearance was filed. Give us what you’ve got and we’ll turn the rules into actual dates — then add the whole thing to your calendar in one click.
5 · The order it actually happens in
6 · The rejection-proofing checklist
These are the specific things that get New Jersey self-represented filings bounced, delayed, or questioned at the finish line.
Signing and certifying
Sign your certifications yourself — no notary needed, no notary block to fill in. But your Property Settlement Agreement is a contract, not a certification, and it does need to be signed in front of a notary. Mixing these two up in either direction is one of the most common — and most avoidable — New Jersey filing mistakes.
Forms people forget
Timing
Alimony you didn’t raise anywhere in your Complaint or Answer is much harder to add back in later — if there’s any chance you’ll want it, say so now. And an unnotarized Property Settlement Agreement isn’t final — New Jersey Courts state plainly it “must be signed by both parties and notarized” before an uncontested judgment can rely on it.
7 · Your Case Information Statement — what has to be attached
Unlike some states, New Jersey doesn’t hand you a fixed lookback window (“36 months of bank statements”) — the Case Information Statement (CN 10482) just requires accurate current figures, backed by real documentation. Here’s what Part G of the form itself lists as required attachments.
Separately, Part E of the CIS asks you to list every family asset and liability by category — real property, bank/CD/mobile-payment accounts, vehicles, tangible personal property, stocks/bonds/securities, retirement accounts (401(k)s, pensions), IRAs, businesses or professional practices, life insurance cash value, loans receivable, cryptocurrency and other digital assets, children’s accounts (529 plans, trusts), and tax carryovers — plus what each spouse contends is or isn’t subject to equitable distribution. Leaving a category blank instead of writing “none” is a common way this gets returned.
8 · What this costs
| Item | Cost |
|---|---|
| Complaint filing fee (plaintiff) | $300 |
| Parents’ Education Program fee, per parent (if custody, visitation or child support is at issue) | $25 |
| Defendant’s responsive pleading fee | $175 |
| Sheriff service of process, plus mileage | $24 + mileage |
| Notary for your Property Settlement Agreement (bank, in person, or RON) | $0–25 |
| Economic mediation, after the first 2 free hours | court-set, split |
| Typical all-in, uncontested, doing it yourselves | $324–399 |
Unlike some states, New Jersey’s court filing fees are set once, statewide — the $300 complaint fee comes from N.J. Ct. R. 1:43, which supplements the $250 in N.J.S.A. 22A:2-12 under the Supreme Court’s power in N.J.S.A. 2B:1-7, and it is the same in every county. If you can’t afford it, file CN 11208, the Application for a Fee Waiver, with your Complaint. It’s a financial-need review, not an automatic formula — and if you’re later awarded more than $2,000 in the case, the court can require you to repay any fees it waived.
Does cheating change the money in New Jersey?
It can. Marital conduct is a factor the court is allowed to weigh. The rule: the court “may consider also the proofs made in establishing such ground” (2A:34-23(g)); the 14 enumerated factors omit fault. How all fifty states answer this.
Reconciled, and it did not work? New Jersey has written the old forgiveness doctrine out of its code: condonation, state by state. If the decision itself is what you are sitting with rather than the law, start here.
What this is. A guide to New Jersey’s own process, built from the New Jersey Statutes (N.J.S.A. 2A:34), the Rules of Court (R. 5:4, R. 5:5, R. 5:7, R. 1:4-4, R. 1:38), Directive #01-25, and the New Jersey Judiciary’s own self-help publications at njcourts.gov. The numbered forms are free from the Judiciary and this guide links you to them rather than reselling them. New Jersey does not provide an official fill-in-the-blank Complaint, Summons, Property Settlement Agreement, or Final Judgment of Divorce — for those, Legal Services of New Jersey’s guide and low-cost kit, or your county Ombudsman, are the honest starting points, and we say so rather than invent a form number that doesn’t exist.
What this is not. The Cusp is not a law firm and does not practice law. Nothing here is legal advice, and nothing here tells you which choice is right for your particular situation — only what New Jersey requires of each path. If your case involves contested custody, a business, hidden assets, domestic violence, or a spouse with a lawyer, talk to one yourself. Many offer free consultations, and one hour of advice is cheaper than one mistake.
Free alternatives you should know about. Legal Services of New Jersey publishes a free step-by-step divorce guide and sells a complete $25 kit with forms and instructions. Your county’s Superior Court Ombudsman provides forms and guidance in person, for free. If your case is genuinely simple and uncontested, start there before you pay anyone for anything.
Four things can happen to the house in a New Jersey divorce
New Jersey is not one of the twenty states where filing freezes both spouses automatically. That is not permission to sell: either of you can still ask a court for an order, and one may already exist in your case. But the automatic-order trap is not one you fall into here.
One of you buys the other out, you sell later, you sell now, or the court decides. For a great many people the right answer is not to sell at all – and three of the four routes earn us nothing.
The four routes, compared · Keeping it: the buyout and the carrying cost · Selling: capital gains, basis and timing · Finding an agent who has done a divorce sale · What two households cost
Need a vetted attorney, mediator, or financial analyst in New Jersey?
Browse The Cusp’s professional directory — rated only by verified clients, never ranked by who paid the most.
Browse the directory →The Cusp · All 50 state kits · Find a professional · About
Ask for an introduction to an agent → — who we would introduce you to, what the referral fee is and who pays it, and why the answer is sometimes that you should not sell at all.
Everything we have written about New Jersey specifically. Every figure on these pages is quoted from New Jersey’s own statute or its courts’ own published schedule, and carries the date we last checked it.
- Modifying support after divorce
- Check your state’s rules in one place (modification checker)
- What it costs to file
- Child custody
- Child support
- Guardians ad litem and child representation
- Travel, custody and relocation
- Alimony
- Property, support and legal fees
- Protective orders
- Changing your name back
- Legal help you can afford
- Verified professionals
The most expensive mistakes in a divorce are made in the year after it, by people who thought the case was over. After the divorce is the checklist for that year — the health-coverage clock, the retirement order a decree cannot replace, and the beneficiary form that outranks your will.
Filing is one household becoming two, and the second one starts empty. The two-household list is what to send the people who keep asking how they can help — the second of everything, and the half of it that costs nothing. Some people call it a divorce registry.
All 19 New Jersey divorce forms, listed by the number the clerk will ask for — 8 with an official form number, 8 linked straight to the state’s own file, each with its revision date where the state publishes one. Open the New Jersey form list →
Common questions about filing for divorce in New Jersey
Short answers to what people ask most before they start. Each one points at the part of this page that covers it in full.
How do I file for divorce in New Jersey?
This page sets out the order it happens in for New Jersey: which form opens the case, what has to be served on the other person and when, and what the court needs before it will finish. It is written to be followed in sequence rather than read through.
What forms do I need to file for divorce in New Jersey?
The form list on this page gives the official New Jersey form numbers, each one’s revision date, and a link to the copy on the court’s own site rather than a copy hosted here. Using a superseded revision is one of the most common reasons a filing comes back, which is why the dates are shown.
How much does it cost to file for divorce in New Jersey?
$300 to open the case, and that is only the filing fee — it does not cover service, copies, any required class, or a lawyer. The full breakdown for New Jersey, with every figure traced to the court’s own published schedule and dated, is at what it costs to file in New Jersey.
What gets a New Jersey divorce filing rejected?
This page has a section on exactly that — the specific mistakes that get a filing returned in New Jersey rather than a general list. Most of them are procedural and cost weeks rather than money: the wrong form revision, a missing signature or notarization, service done in a way the state does not accept, or filing before a residency requirement is met.
How long does a divorce take in New Jersey?
There is a timeline on this page built from New Jersey’s own statutory day-counts, not from averages. The honest short answer is that the waiting period is a floor and not a prediction: an uncontested case can finish close to it, and a contested one is governed by the court’s calendar rather than the statute.
Where does the information on this page come from?
New Jersey’s own courts and statutes. Every form links to the court’s site, every fee is quoted from the published schedule with the date it was last checked, and where something could not be confirmed from an official source this site says so instead of estimating. It is free, with no account and no paywall.
Does cheating change the money in New Jersey?
It can. Marital conduct is a factor New Jersey allows the court to weigh, which is not the same as a rule that decides the outcome — it sits alongside need, earning capacity and the length of the marriage, and how much weight it gets is the judge’s. Eighteen states are in this position. The fifty-state table sets out the section this comes from, and the card higher up this page quotes your state’s own words.
Choosing an agent for a divorce sale is a different problem from choosing one for an ordinary sale: who the agent is allowed to talk to, who has to sign, what happens when one of you will not, and the three separate conflicts of interest that come up when one spouse found the agent first. How to choose a real estate agent for a divorce sale sets out what to ask, and how to check a credential yourself — no divorce credential is official with the National Association of Realtors.
The Cusp receives a referral fee from agents it vets and trains to handle divorce clients.
Key deadlines at a glance
These are the same deadlines the calculator above works out, shown as days counted from the day you file or the day your spouse is served. Use the calculator for your exact dates.
No minor children
| Step | When | What it means |
|---|---|---|
| Complaint filed | The day you file | Your case begins today. Everything else counts from this date, from service, or from your spouse’s Answer or Appearance. |
| Spouse served | The day your spouse is served (or signs a waiver) | Their 35-day clock to respond starts today. |
| Their Answer, Answer & Counterclaim, or Appearance is due | 35 days after service | 35 days from service. No response by this date, and you can request the entry of default and move toward a Judgment of Divorce without a court appearance. |
| Deadline to serve your spouse | 60 days after filing | The Summons and Complaint must be served within 60 days of filing — by the county sheriff, a private process server, or your spouse voluntarily filing an Appearance or Acknowledgment of Service. |
With minor children
| Step | When | What it means |
|---|---|---|
| Complaint filed | The day you file | Your case begins today. Everything else counts from this date, from service, or from your spouse’s Answer or Appearance. Your $25 Parents’ Education Program fee is due today too, since custody or parenting time is at issue. |
| Spouse served | The day your spouse is served (or signs a waiver) | Their 35-day clock to respond starts today. |
| Their Answer, Answer & Counterclaim, or Appearance is due | 35 days after service | 35 days from service. No response by this date, and you can request the entry of default and move toward a Judgment of Divorce without a court appearance. |
| Deadline to serve your spouse | 60 days after filing | The Summons and Complaint must be served within 60 days of filing — by the county sheriff, a private process server, or your spouse voluntarily filing an Appearance or Acknowledgment of Service. |
Your county
Divorce rules are set by the state, but each county or court has its own forms, deadlines, classes and filing habits. Choose yours.
Or go straight to your county or court:
Bergen (call to confirm)Camden (call to confirm)Essex (call to confirm)Middlesex (call to confirm)MonmouthUnion (call to confirm)Bergen Call or check the court website to confirm
Nothing specific to Bergen County could be confirmed: its court page did not load and the state ESP directory had no entry for it. Assume the statewide process and confirm details with the court.
Last checked 2026-11-10. Tell us if this is out of date
Camden Call or check the court website to confirm
The statewide process applies. The only county-specific detail confirmed is the Early Settlement Program coordinator listing: Hall of Justice in Camden, phone 856-650-9100 ext. 43502. Other Camden practices (e-filing, local forms, parent-class scheduling) could not be confirmed.
Who to contact: Camden County Hall of Justice, 101 South 5th Street, Camden, NJ 08103; 856-650-9100 ext. 43502 (Early Settlement Program coordinator line, per the state ESP directory)
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Essex Call or check the court website to confirm
The statewide process applies. The only county-specific detail confirmed is the Early Settlement Program coordinator listing: Wynona Lipman Family Courthouse in Newark, phone 973-776-9300 ext. 55653. Other Essex practices (e-filing, local forms, parent-class scheduling) could not be confirmed.
Who to contact: Essex County Wynona Lipman Family Courthouse, 350 University Avenue, Newark, NJ 07102; 973-776-9300 ext. 55653 (Early Settlement Program coordinator line, per the state ESP directory)
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Middlesex Call or check the court website to confirm
Nothing specific to Middlesex County could be confirmed: its court page did not load and the state ESP directory had no entry for it. Assume the statewide process and confirm details with the court.
Last checked 2026-11-10. Tell us if this is out of date
Monmouth
Monmouth publishes direct Family Division extensions, including a separate Divorce line, so a filer can call that line instead of the general number. The state ESP directory lists a Monmouth coordinator at the Freehold courthouse. Other local practices could not be confirmed.
Who to contact: 732-358-8700 (Divorce ext. 87180; Non-Divorce ext. 87190; Reception/Records ext. 87160; Family main ext. 87908). Monmouth County Courthouse, 71 Monument Street, Freehold, NJ 07728 (per ESP directory).
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Union Call or check the court website to confirm
The statewide process applies. The only county-specific detail confirmed is the Early Settlement Program coordinator listing: Cherry Street Annex in Elizabeth, phone 908-787-1650 ext. 21325. Other Union practices (e-filing, local forms, parent-class scheduling) could not be confirmed.
Who to contact: Union Family Courthouse, Cherry Street Annex, 2 Cherry Street, Elizabeth, NJ 07207; 908-787-1650 ext. 21325 (Early Settlement Program coordinator line, per the state ESP directory)
Where this comes from
Last checked 2026-11-10. Tell us if this is out of date
Not listed? Your county clerk of court can tell you the local rules. These are general information from court and clerk pages, last checked 2026-11-10, not legal advice.
Serving the papers in New Jersey? Sheriff or a private process server, per the court; whether you can serve is unclear. The court’s self-help page says 30 days. (As we read the rules on 29 October 2026.) See who can serve a divorce summons and whether you can do it yourself, and find New Jersey in our state-by-state serving table.
Stay current
We re-check the law. We will tell you when your state’s changes.
One email, and only when something we have published about your state stops being true — a filing fee that moved, a statute that was amended, a form the court replaced. No newsletter, no sales, unsubscribe in one click.
We use your address for that one purpose. We do not sell it, and we do not add you to anything else. Privacy
How we can help
Understand the house first. Then talk to someone who gets it.
The house is usually the largest decision in a divorce, and the one people are least ready for. Here is what we do, in the order that makes sense.
1. Start with the facts, free
22 states have automatic orders that freeze both spouses the moment a divorce is filed, barring either one from selling or borrowing against the property. Is yours one of them?
Plain-English guides on what can happen to the house, what an automatic order stops you doing, and how the tax rules decide what a sale is worth. No account and nothing to buy.
- The four things that can happen to the house
- Selling the house: who signs, and the tax rules
- Keeping the house: the buyout and the carrying cost
2. Know when not to call an agent
Often the right answer is to wait, or to talk to your lawyer or an accountant first. We say so plainly. An agent is the wrong first call if nothing is filed, or if an order restricts what either of you can do with the property.
3. Talk to someone who gets it
When you do need an agent, we introduce you to a local agent who has completed our divorce real estate training and passed its 20-question exam. Before any introduction we check the license with the state regulator (any unresolved disciplinary action is a no), the agent’s closed sales, and a review rating of 4.7 or better. The introduction is free, and you are free to say no.
Ask for an introductionHow we are paid
You pay us nothing. Agents are not charged for the training, the exam or the free resources. If an introduction leads to a closed sale, the agent’s brokerage pays a referral fee out of its own commission, not out of your proceeds. A place on the panel cannot be bought.
General information, not legal or tax advice. The Cusp is not a law firm.
Selling a home in a divorce: what to ask a local listing agent
Selling the house is often the largest single decision in a divorce. These questions help you judge whether an agent has done it before. They do not replace your lawyer, who should approve the plan before anything is listed.
- Have you sold homes where both spouses had to sign, or where a court had to approve the sale? How many, and how recently?
- Does filing already restrain a sale in my state? Check the 50-state table and ask my lawyer before we sign anything.
- Who decides on price changes and which offers to accept when we disagree, and how will that be written down?
- Who pays the mortgage, taxes and insurance until closing, and what does the listing agreement say about it?
- Where will the sale proceeds be held until the decree says who gets what?
- How will you handle showings, access and lockboxes if we are not speaking?
- Will you give both spouses and both lawyers the same information at the same time?
- What happens to the listing agreement if we settle, reconcile or the case is delayed? What are the cancellation terms?
- Can I have your fee terms in writing and the names of past clients who sold during a divorce?