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Our attorneys represent plaintiffs and defendants in all types of divorce cases filed in Ocean County:
Every divorce in New Jersey follows a structured court process. Understanding the key stages helps you prepare and make informed decisions throughout your case.
Divorce in New Jersey requires resolution of several critical issues before a judge can enter a final judgment. How these issues are handled determines what your life looks like after the divorce is over.
Results may vary depending on your particular facts and legal circumstances.
You file a Complaint for Divorce with the Ocean County Superior Court Family Division in Toms River. You can file electronically through JEDS (available 24/7), in person at the courthouse, or by mail. The plaintiff pays a $300 filing fee; the defendant pays $175 to respond. After filing, you have 60 days to serve your spouse through the Ocean County Sheriff’s Office or a private process server. Your spouse then has 35 days to file a response. For a step-by-step guide, see How to File for Divorce in NJ.
An uncontested divorce where both parties agree on all issues can be finalized in as few as 8 to 12 weeks after the defendant is served. Contested divorces involving custody disputes, complex assets, or alimony disagreements typically take 12 to 18 months, and cases that go to trial can take longer. The biggest factors affecting timeline are whether children are involved, the complexity of your finances, and how willing both parties are to negotiate. For more detail, see How Long Does Divorce Take in NJ.
In an uncontested divorce, you and your spouse agree on all issues — custody, support, property division, and alimony — and submit a marital settlement agreement to the court for approval. In a contested divorce, one or more issues are disputed and must be resolved through negotiation, mediation, or trial. Most divorces that begin as contested eventually settle before trial through mediation or the Early Settlement Panel process. See our full comparison: Contested vs. Uncontested Divorce in NJ.
Court filing fees total $300 for the plaintiff and $175 for the defendant. Beyond that, costs depend on the complexity of your case. Uncontested divorces with straightforward finances and no custody disputes are the least expensive. Contested cases involving discovery, expert valuations, custody evaluations, and trial preparation cost significantly more. Attorney fees are typically billed hourly, and the total depends on how long the case takes and how many issues are disputed. See Cost of Divorce in NJ for a detailed breakdown.
The most common ground is irreconcilable differences, a no-fault ground requiring that the differences existed for at least six months with no prospect of reconciliation. At least one spouse must have lived in New Jersey for 12 consecutive months. Fault-based grounds include separation (18+ months living apart), extreme cruelty, adultery, desertion, institutionalization, and substance addiction. Most Ocean County divorces are filed on no-fault grounds. See Grounds for Divorce in New Jersey.
Yes. You do not need your spouse’s consent or cooperation to get a divorce in New Jersey. If your spouse refuses to respond after being served, the court can enter a default judgment. If your spouse responds but disagrees on custody, support, or property, the case proceeds as a contested divorce. The court will require mediation and settlement attempts before scheduling a trial where a judge decides all unresolved issues.
