Alimony is awarded by the court to either party in the form of open durational alimony, rehabilitative alimony, limited duration alimony, or reimbursement alimony. The following factors are considered by the court while making their decision:^[1]

• Actual need and ability to pay
• Duration of the marriage
• Age and physical/emotional health
• Standard of living
• Earning capacity, education, vocational skills, and employability
• Length of absence from job market (if applicable)
• Parental responsibilities
• Time and expense necessary to find appropriate employment
• History of financial and non-financial contributions to the marriage
• Equitable distribution of property
• Income from investments
• Tax consequences on alimony payments for both parties
• Litigation support payments

Alimony Calculator – calculators.law

Child Support Guidelines is covered in Rule 5:6A of the Rules Governing the Courts of the State of New Jersey.^[2]

Child Support Calculator – New Jersey Child Support

Division of property is determined by equitable distribution, i.e., distributed fairly amongst the parties and not necessarily equally.^[3]

The following are legal causes for divorce in the state of New Jersey:^[4]

• Adultery
• Willful desertion for twelve (12) consecutive months
• Extreme cruelty
• Separation for eighteen (18) consecutive months
• Ongoing alcohol or narcotic addiction for twelve (12) consecutive months
• Institutionalized for a mental illness for twenty-four (24) consecutive months
• Imprisonment for eighteen (18) consecutive months
• Deviant and nonconsensual sexual conduct
• Irreconcilable differences causing a marriage breakdown for at least six (6) months

The court may order that alimony and child support be awarded to either party pending any matrimonial action.^[1]

To file for divorce, either spouse must have lived in New Jersey for one (1) year preceding the filing date. However, if the case involves adultery, this residency requirement is waived.^[5]

Spouses do not need to be separated before filing for divorce; however, if the couple wish to file for no fault divorce on the grounds of separation, they have to be living in separate dwellings for at least eighteen (18) months.^[6]

• Complaint for Divorce:
  • Based on Separation (Form 1A)
  • Based on Irreconcilable Differences (Form 1D)
• Certificate of Insurance (Form 2)
• Certification of Notification of Complementary Dispute Resolution Alternatives (Form 2B)
  • Explanation of Dispute Resolution Alternatives to Conventional Litigation (Form 2A) (must be read before signing Form 2B)
• Confidential Litigation Information Sheet
• Family Part Case Information Statement
• Filing Letter to Court – Complaint (Form 6)
• Summons with Attached Proof of Service (Form 7)
• Cover Letter to Sheriff (Form 7A)
• Filing Letter to Court – Sheriff’s Proof of Service (Form 7B)
• Acknowledgment of Service (Form 8)
• Cover Letter to Defendant or Defendant’s Attorney – Acknowledgment of Service (Form 8A)
• Filing Letter to Court – Acknowledgement of Service (Form 8B)
• Request to Enter Default Judgment and Supporting Certification (Form 17)
• Filing Letter to Court – Request to Enter Default Judgment (Form 17A)
• Certification of Non-Military Service
• Certification of Service (Form 16)
• Notice of Default Divorce Hearing (Form 19)
• Cover Letter to Defendant – Notice of Default Divorce Hearing (Form 19A)
• Notice of Proposed Final Judgment (Form 20)
• Filing Letter to Court – Notice of Proposed Final Judgment (Form 20A)
• Final Default Judgment of Divorce/Dissolution (Form 21)
• Cover Letter to Defendant – Final Default Judgment of Divorce/Dissolution (Form 21A)
• Consent Order – Final Judgment of Divorce/Dissolution (Form 24)

A Marital Settlement Agreement is not a court-mandated form, but it can help a divorcing couple avoid excessive time and money spent in court. This agreement can be executed by the couple, with or without the help of attorneys, so they have more control over their uncontested divorce process. A marital settlement agreement can be established before they file for divorce with the court or at any point during the proceedings.

In New Jersey, a spouse can file for a no-fault divorce for (2) two reasons: separation or irreconcilable differences. To file for divorce based on separation, the couple must have lived in the state for twelve (12) consecutive months and lived in separate residences for eighteen (18) months prior to filing. For divorces based on irreconcilable differences, the same twelve-month rule applies, and the couple has to have experienced irreconcilable differences in their marriage for at least six (6) months prior to filing a divorce action. One of the spouses (referred to as the “plaintiff”) must file a Complaint with the Family Part of the Chancery Division to begin the divorce action. The following complaint forms are provided depending on the situation:

• Complaint for Divorce Based on Separation (Form 1A)
• Complaint for Divorce Based on Irreconcilable Differences (Form 1D)

In addition to the Complaint form, the plaintiff must download and complete the following documents:

• Certificate of Insurance (Form 2)
• Certification of Notification of Complementary Dispute Resolution Alternatives (Form 2B)
  • Explanation of Dispute Resolution Alternatives to Conventional Litigation (Form 2A) (must be read before signing Form 2B)
• Family Part Case Information Statement (CIS)
• Filing Letter to Court – Complaint (Form 6)
• Confidential Litigation Information Sheet (not to be attached to the complaint; for court personnel only)

Copies of each document must be made, and all forms can be filed with the court clerk, who will charge a $300 filing fee. If minor children are involved in the case, there is a $25 fee for the mandatory Parents’ Education Program that both parents must attend (the defendant can pay their fee later). The clerk will assign a judge and a docket number to the case. This information can be entered into the appropriate fields of all forms.

The non-filing spouse will be referred to as the defendant for the purposes of the divorce proceedings. The plaintiff must be serve the defendant with copies of the Complaint form (1A or 1D), the Certification of Insurance (Form 2), the Certification of Notification (Form 2B), and a Summons with Attached Proof of Service (Form 7). In an uncontested divorce, the plaintiff can serve the defendant in one (1) of the following manners:

• Service by Mail/Acknowledgment of Service – This method requires the plaintiff to mail (regular and certified) all forms to the defendant or their attorney. An Acknowledgment of Service (Form 8) and a Cover Letter to Defendant or Defendant’s Attorney – Acknowledgment of Service (Form 8A) must be sent along with the aforementioned documents. If service by mail is employed, the plaintiff will file Form 8 and a Filing Letter to Court – Acknowledgement of Service (Form 8B) with the court clerk.
• Personal Service – The most common service method is through the sheriff’s office, as they are reliable and (usually) inexpensive. A list of sheriff’s offices by county is provided here. The sheriff must receive copies of the documents mentioned above plus a Cover Letter to Sheriff (Form 7A). Once service is complete, the sheriff will sign the Summons and Proof of Service (Form 7) and the plaintiff can file this form with the Filing Letter to Court – Sheriff’s Proof of Service (Form 7B).

Once the defendant has been served, they have thirty-five (35) days to file an answer or enter a general appearance. An appearance (see example here) allows the defendant to agree to the divorce but contest certain claims to relief requests made by the plaintiff (i.e., alimony, child support, property division, etc.). If they have already sent the Acknowledgment of Service (Form 8) to the plaintiff, the form can act as a general appearance. When the defendant files an appearance as defined above or files an answer that contains a counterclaim, the case becomes a contested divorce. If the defendant files an answer without a counterclaim, the case is uncontested and not in default (process continues in Step 6 – Uncontested / No Default Judgment). It’s possible that the defendant simply doesn’t answer at all or misses the thirty-five-day window. In this situation, the plaintiff can file for a default judgment (see Step 5 – Default Judgment).

A default judgment may be requested by the plaintiff in cases where the defendant has failed to answer the complaint within the thirty-five-day period. There are still a number of steps the plaintiff must take; a default judgment is not awarded automatically due to the failure on the defendant’s part to answer in time. To file for default judgment, the plaintiff must complete the following forms:

• Request to Enter Default Judgment and Supporting Certification (Form 17)
• Filing Letter to Court – Request to Enter Default Judgment (Form 17A)
• Certification of Non-Military Service

These forms must be filed with the court clerk, who will provide a date for the default hearing. Once a date has been issued (this could take a couple of weeks), the plaintiff will have to complete the following forms:

• Certification of Service (Form 16) (court only)
• Notice of Default Divorce Hearing (Form 19)
• Cover Letter to Defendant – Notice of Default Divorce Hearing (Form 19A)
• Notice of Proposed Final Judgment (Form 20)
• Filing Letter to Court – Notice of Proposed Final Judgment (Form 20A) (court only)

All forms (except “court only” forms) must be served on the defendant so they are aware of the fact that a default judgment for divorce may be entered without their presence. The plaintiff must file all forms with the court and prepare the Final Default Judgment of Divorce/Dissolution (Form 21). At the default hearing, the plaintiff will be asked to show evidence to support their request for relief (alimony, property division, etc.). The judge will consider all evidence and, in some cases, hear testimony from the defendant (if they show up and convince the judge they should be heard). Once the judge has decided what relief to order, they will sign the Final Default Judgment of Divorce. This signed document must be sent to the defendant (if they did not attend the hearing) along with the Cover Letter to Defendant – Final Default Judgment of Divorce/Dissolution (Form 21A).

If the plaintiff and defendant agree on all matters of their divorce (alimony, property distribution, child custody/support, etc.), the judge will call a brief hearing to ensure the parties’ statements are true. It’s unlikely that any testimony or evidence will be required; the judge simply wants to see that the parties are on the same page. Before the hearing, the plaintiff should complete the appropriate fields of the Consent Order – Final Judgment of Divorce/Dissolution (Form 24) to be signed by the judge after the hearing. Section 13 of the Final Judgment allows either party to notify the judge that they will be resuming their former name after the divorce. Doing this now instead of after the divorce is finalized could save the spouse from petitioning for a name change with the court at a later date. All documents that have been filed up to this date should also be brought to court in case the judge is missing any pertinent information. Furthermore, if the parties have executed a marital settlement agreement at any point before or during the divorce proceedings, this document can be attached to the judgment of divorce before it is signed by the judge; the judge will want to confirm that both parties have read and understood the terms and conditions therein. Once the judge is satisfied with all the matters presented to them, they will sign the judgment of divorce to finalize the dissolution of the marriage.