Divorce Lawyers In New Jersey — What Are Your Rights?
Divorce in New Jersey is governed by the New Jersey Superior Court, which handles all marriage dissolution cases. The state is an equitable distribution jurisdiction, meaning assets are divided fairly, not necessarily equally. Law Offices Of SRIS, P.C. provides experienced divorce representation to protect your interests regarding property, support, and custody. Our divorce lawyers in New Jersey offer 24/7 phone consultations to discuss your case.
New Jersey Divorce Law & Statutory Grounds
New Jersey law provides for both fault-based and no-fault grounds for divorce. The most common ground is irreconcilable differences, which requires that the differences have existed for at least six months and that there is no reasonable prospect of reconciliation. Fault-based grounds include adultery, desertion, extreme cruelty, and habitual drunkenness. The court’s primary considerations in any divorce are the equitable distribution of marital property and, if applicable, the welfare of any children involved.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the official statutes, refer to the New Jersey Legislature website. For court forms and local rules, visit the New Jersey Courts website.
The Divorce Process in New Jersey Superior Court
Filing for divorce in New Jersey starts with submitting a Complaint for Divorce to the Superior Court in the county where you or your spouse reside. The complaint must state the grounds for divorce. After filing, the other spouse must be served with the complaint and has 35 days to file an Answer. The process then moves into a discovery phase, where financial documents and other evidence are exchanged. Many cases are resolved through mediation or a settlement agreement. If not, the case proceeds to trial before a judge.
- Consult with a divorce attorney to review your situation and goals.
- File a Complaint for Divorce with the New Jersey Superior Court in the appropriate county.
- Ensure proper service of the complaint on your spouse.
- Participate in the discovery process, exchanging required financial affidavits and documents.
- Attend mandatory mediation or settlement conferences if children or significant assets are involved.
- Finalize the divorce through a signed settlement agreement or, if necessary, a court trial.
Potential Outcomes in a New Jersey Divorce
In New Jersey, a divorce can result in the division of assets and debts, awards of alimony and child support, and the establishment of child custody and parenting time schedules.
| Issue | Legal Standard | Potential Outcome |
|---|---|---|
| Asset Division | Equitable Distribution | Fair, but not necessarily equal, division of marital property. |
| Alimony | Based on need and ability to pay | Temporary or permanent support, rehabilitative, or limited duration alimony. |
| Child Support | New Jersey Child Support Guidelines | Calculation based on parental income, custody arrangement, and children’s needs. |
| Child Custody | Best Interests of the Child | Legal and physical custody arrangements, including parenting time schedules. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with New Jersey Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to every case. We understand the sensitive and complex nature of family law matters in New Jersey. Our approach is focused on providing clear guidance and assertive representation, whether through negotiation or litigation, to seek resolutions that protect your future.
Case Results & Client Focus
Our divorce lawyers in New Jersey are dedicated to achieving favorable outcomes for our clients. We have successfully represented clients in complex divorces involving high-net-worth individuals, business owners, and contested custody matters. Our goal is to handle the legal process efficiently while fighting to protect your parental rights and financial security.
Results may vary. Prior results do not aim for a similar outcome.
Local Divorce Representation Across New Jersey
Our New Jersey location serves clients across all 21 counties. We are familiar with the local procedures and expectations of family courts throughout the state. Whether you are in Bergen, Essex, Middlesex, Monmouth, or any other county, our team is prepared to provide the local insight necessary for your case.
Law Offices Of SRIS, P.C.
New Jersey Location
51 JFK Parkway, 1st Floor West
Short Hills, NJ 07078
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: 856-291-6150
By appointment only.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Divorce Lawyers In New Jersey
How long does a divorce take in New Jersey?
It depends. An uncontested divorce with a signed agreement can finalize as soon as the mandatory waiting period passes. A contested divorce with complex assets or custody disputes can take a year or more, depending on court schedules and the level of disagreement.
What is the difference between legal separation and divorce in New Jersey?
New Jersey does not have a formal “legal separation” statute. Instead, couples can file for a “divorce from bed and board,” which is a limited divorce that addresses support and property but does not terminate the marriage. A full divorce, or dissolution of marriage, legally ends the marriage and allows both parties to remarry.
Do I need a lawyer to file for divorce?
No, you are not required to have an attorney, but it is highly advisable. A divorce filing lawyer ensures your rights are protected, complex financial disclosures are handled correctly, and the final agreement is legally sound, especially concerning child custody, support, and asset division.
How is child custody determined?
New Jersey courts decide custody based on the “best interests of the child.” Factors include the parents’ ability to agree and communicate, the child’s needs, the stability of each home, and the child’s relationships with parents and siblings. The goal is to support a healthy, ongoing relationship with both parents.
What is equitable distribution?
Equitable distribution is the method New Jersey uses to divide marital property and debt during a divorce. “Equitable” means fair, not necessarily equal. The court considers factors like the length of the marriage, each spouse’s income and earning capacity, and contributions to the marriage when dividing assets.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.