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New Jersey's no-fault ground needs the marriage to have been broken for 6 months before filing — then there is no waiting period at all.

Reviewed by our editorial team Based on official state court forms

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Templates reviewed for the 2026 filing year · Based on official state forms

At a Glance

New Jersey divorce at a glance

Residency requirement 12 months (bona fide resident)
Waiting period None
Filing fee $300 no children / $325 with children
Grounds accepted Irreconcilable differences (6 months, no-fault)
Official forms Complaint for Divorce, Case Information Statement (CIS)

Confirm with your county before filing — fees and rules can vary.

Overview

Divorce in New Jersey: the 6-month breakdown rule

New Jersey hinges its no-fault path on time: under N.J.S.A. 2A:34-2(i), irreconcilable differences must have caused the marriage to break down for at least six months with no reasonable prospect of reconciliation before you can file. That is the qualification step — after filing there is no waiting period, and an uncontested case can move quickly. The rule is why roughly 90% of Garden State divorces run on this single ground.

Filing requires 12 consecutive months as a bona fide New Jersey resident, with the sole exception being adultery, which needs only current residency. The Complaint for Divorce goes through the Superior Court, Family Part, filed via the JEDS e-filing system, and every case includes a Case Information Statement (CIS) — the financial disclosure form under Court Rule 5:5-2 that both sides must complete.

Property is divided equitably, and a Marital Settlement Agreement (MSA) locks in the terms for uncontested couples. Child support follows the New Jersey Child Support Guidelines, and alimony is called alimony. The filing fee is $300 without children and $325 with children, which includes a $25-per-parent Parents’ Education Program fee.