AVERY & AVERY
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Vol. L · No. I FOL. LArticles

Avery & Avery, Esqs. Ridgefield, NJ Robert W. Avery, Esq.

Divorce in NJ — Laws That Matter Most

RW·A

By Robert W. Avery, Esq.

Founding Partner · Former Mun. Ct. Judge

By Robert W. Avery, Esq.

NJ divorce law is a cumulation of statutes, court rules, and case law. Most clients don’t need the full library — they need the dozen or so provisions that actually shape outcomes. This post focuses on those: grounds for divorce, residency, equitable distribution, alimony, custody, and the procedural arc.

Practitioner walkthrough. Not legal advice. Free consultation: (201) 943-2445.

Grounds — N.J.S.A. 2A:34-2

NJ allows both fault-based and no-fault grounds:

  • Irreconcilable differences under (i) — the no-fault ground. Requires 6 months of irreconcilable differences with no reasonable prospect of reconciliation. Most NJ divorces filed on this ground.
  • 18-month separation under (d) — also no-fault
  • Fault grounds: adultery, desertion, extreme cruelty, drug addiction, mental illness, imprisonment, deviant sexual conduct

Most contemporary NJ divorces proceed on irreconcilable differences regardless of underlying circumstances; fault grounds are pled where they affect equitable distribution or alimony.

Residency — N.J.S.A. 2A:34-10

At least one party must be a NJ resident for one year prior to filing (with limited exceptions for adultery and certain other grounds). A jurisdictional defect can defeat the proceeding.

Equitable Distribution — N.J.S.A. 2A:34-23.1

The 16-factor analysis governs property division:

  1. Duration of the marriage
  2. Age, physical and emotional health of parties
  3. Income or property each brought to the marriage
  4. Standard of living during the marriage
  5. Existence of any premarital agreement
  6. Economic circumstances of each party at distribution
  7. Income and earning capacity of each party
  8. Contribution to the acquisition / improvement of marital property
  9. Contribution as homemaker
  10. Tax consequences of distribution
  11. Present value of property
  12. Need of custodial parent
  13. Debts and liabilities
  14. Need for trust account for children
  15. Extent contribution to education / training of other party
  16. Other relevant factors

“Equitable” does not mean equal. The court applies the factors to reach a just result.

Alimony — N.J.S.A. 2A:34-23

Alimony types (post-2014 reform):

  • Open-durational — for marriages of 20+ years generally
  • Limited-duration — for marriages of less than 20 years; up to the length of the marriage
  • Rehabilitative — to support the recipient’s effort to become self-supporting
  • Reimbursement — to compensate for contributions to a spouse’s training/education

The 14-factor analysis at 2A:34-23(b) governs.

Custody — N.J.S.A. 9:2-4

Best-interests analysis using 14 factors. Beck v. Beck, 86 N.J. 480 (1981) authorizes joint custody as a presumption-of- analysis. Bisbing v. Bisbing, 230 N.J. 309 (2017) governs relocation.

Procedural Arc

Standard NJ divorce arc:

  1. Complaint filing in the county of marital residence
  2. Service under R. 5:4-3
  3. Answer within 35 days
  4. Case Information Statement (CIS) under R. 5:5-2 — required from both parties
  5. Discovery — documents, depositions
  6. Pendente lite motion practice for temporary support and custody
  7. Mediation under R. 1:40-5 (mandatory)
  8. Trial if mediation fails
  9. Final Judgment of Divorce

What an NJ Divorce Lawyer Does

The full plaintiff or defendant-side workflow:

  • CIS preparation and review
  • Discovery propounding and answering
  • Expert engagement (business valuation, pension actuary, custody evaluator)
  • Pendente lite motion practice
  • Mediation preparation
  • Trial preparation if mediation fails

Frequently Asked Questions

Can I file for divorce in another state?

Subject to that state’s residency rules. NJ requires one year of residency by at least one party (with limited exceptions).

How long does a NJ divorce take?

A simple divorce on irreconcilable differences with limited property and no children: 4-9 months. A contested divorce with business valuation, custody dispute, and trial: 12-24 months typical, sometimes longer.

Can I get divorced without going to court?

If the parties reach a Marital Settlement Agreement, the divorce can be uncontested. The final hearing is brief. Many NJ divorces proceed this way.

What about prenuptial agreements?

Premarital agreements under N.J.S.A. 37:2-31 et seq. govern where executed properly. They can override much of the equitable- distribution analysis but do not bind the court on alimony unconscionability and custody.

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