Filing for divorce is a legal process and a personal transition. In New Jersey, cases move through the Superior Court of New Jersey, Chancery Division, Family Part. If you or your spouse lives in Bergen County, your matter will be handled in Hackensack. Use this concise roadmap to see the sequence, the paperwork, and the choices you’ll face.
You may file if at least one spouse has lived in New Jersey for 12 consecutive months before filing. Most choose no-fault “irreconcilable differences,” which requires a six-month breakdown with no reasonable prospect of reconciliation. Alternatives include 18 months’ separation (no-fault) or fault grounds such as adultery or extreme cruelty.
File in the Family Part for Bergen County. You can submit through the Judiciary Electronic Document Submission (JEDS) portal, by mail, or in person. A filing fee applies; fee waivers may be available based on income. Once accepted, the court assigns a docket number.
Collect your marriage certificate, proof of residency, recent tax returns and pay stubs, bank, retirement, and investment statements, credit-card and loan balances, property and insurance documents, and any prenuptial or postnuptial agreements. Organize by income, expenses, assets, and debts.
Start the case with a Complaint for Divorce that states your grounds and what you’re asking the court to decide (equitable distribution, alimony, custody, child support). Include a Summons, a Confidential Litigant Information Sheet, insurance disclosures, and other required certifications. Keep copies of everything you submit.
After the court accepts your filing, serve the stamped Complaint and Summons within the required timeframe, typically 60 days. Service is commonly handled by the county sheriff or a professional process server. File proof of service. If you cannot locate your spouse despite diligent efforts, request permission for substituted or publication service.
Once served, your spouse generally has 35 days to file an Answer, an Answer and Counterclaim, or an Appearance. If no response is filed, you may apply for default and move toward a default judgment. If a response is filed, the case is contested and proceeds to disclosure, discovery, and settlement efforts.
In contested matters, each party must file a CIS—New Jersey’s detailed financial disclosure—within the required timeline. It lists income, monthly budgets, assets, liabilities, and support needs. Treat it like a sworn balance sheet and update it if your finances change.
Discovery includes document exchanges, written questions, and, when appropriate, appraisals for homes, businesses, or pensions. The court issues case-management orders with firm deadlines and may schedule status conferences. Timely compliance keeps the case moving and helps avoid sanctions.
New Jersey encourages settlement. Many cases attend an Early Settlement Panel (ESP), where volunteer family-law attorneys review positions and offer nonbinding recommendations. If issues remain, courts typically require economic mediation to continue negotiations. Parenting disputes may go to custody/parenting-time mediation, and parents may need to complete a brief co-parenting program.
If you settle all terms, your Marital Settlement Agreement is presented to a judge. After a short hearing, the court can enter a Final Judgment of Divorce incorporating your agreement. If disputes remain, the court holds a trial and decides equitable distribution, alimony, custody, parenting time, and child support. The Final Judgment ends the marriage and sets your rights and obligations.
Practical tip: Respond promptly to court notices, keep a tidy file of pleadings and financial records, and—if children are involved—outline transportation, school calendars, holidays, and decision-making in a detailed parenting plan.
A clear plan makes the process more manageable. Understanding eligibility, filing, service, disclosure, settlement programs, and judgment helps you protect what matters most. For guidance tailored to your circumstances, consider speaking with our Bergen County divorce lawyers at Marotta Blazini Dunleavy LLC. Call today at 201-368-7713 or fill out our online form for a free consultation. Located in Maywood, NJ, we serve clients throughout the surrounding areas.
Genevieve Blazini is Certified by the Supreme Court of New Jersey as Matrimonial Law Attorney, and is a Partner of the firm who specializes in assisting families with divorce and family law matters. Get in touch with Genevieve today.
Telephone: (201) 368-7713 Email: [email protected]
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