How Do You File for Divorce in New Jersey If You Have Kids and a House?
A question we often hear is: “I want to file for divorce in New Jersey, and we have children and a home. What are the requirements, how is property divided, and what happens with custody?”
Divorce Basics in New Jersey
Residency requirement
One spouse must live in New Jersey for at least one year before filing, unless grounds are adultery.
Grounds
No-fault (irreconcilable differences for six months) or fault grounds like cruelty or abandonment.
Where to file
File in the Family Division of the Superior Court, in counties from Newark to Trenton to Camden.
Process overview
Petition → service → disclosures → custody/property negotiations → mediation or trial → judgment.
Do You Need a Lawyer to Get a Divorce in New Jersey?
Not required, but helpful with kids and property.
How a lawyer/mediator helps
Drafting custody and parenting plans.
Handling home division and mortgage refinancing.
Navigating spousal support laws.
Ensuring court filings meet NJ rules.
How Much Does It Cost to Get a Divorce in New Jersey?
Court filing fees and process serving.
Attorney or mediator fees, depending on cooperation level.
Appraisal and financial expert fees for home and assets.
Parenting classes or GAL costs if disputes arise.
What About the House & Property Division for Divorce in New Jersey?
New Jersey uses equitable distribution.
Factors considered:
Length of the marriage.
Standard of living during the marriage.
Income and property each spouse brought to the marriage.
Contributions, including homemaking and child care.
Custodial needs of children, often influencing who stays in the home.
Home outcomes include: sale and division, buy-out, or assignment to custodial parent with offsets.
Custody, Parenting Time & Child Support for Divorce in New Jersey
Custody based on the best interests of the child.
Legal and physical custody may be shared or sole.
Parenting time schedules aim for stability and continued relationships.
Child support follows state guidelines, adjusted for extraordinary expenses.
Things You Must Know About Getting Divorced in New Jersey!
Custodial parents often have priority in staying in the home.
Even if only one spouse is on the deed, marital contributions matter.
Prenups and postnups are considered but reviewed for fairness.
Temporary custody or home use orders can set long-term precedent.
Maintenance may apply in longer marriages or with income disparities.
A Gentle Reminder About Divorce in New Jersey
This post is for educational purposes only and is not legal advice. New Jersey divorce law varies by county, from Newark to Trenton to Camden.
At Fresh Starts, you can search our Expert Guide by state to find New Jersey-based attorneys, mediators, custody experts, and real estate professionals who can guide you through the process.
