How to Prepare for Divorce in New Jersey
Preparing for divorce in New Jersey can feel overwhelming, especially with the state's specific timelines and property laws. The more organized you are before filing, the more control you retain over the process from every angle, including financially, legally, and emotionally.
Understanding Divorce Laws in New Jersey
Fault Type
Both fault and no-fault
Waiting Period
None required (6-month separation for no-fault)
Property Division
Equitable distribution
Residency Requirement
12 months in NJ
- New Jersey allows both fault and no-fault divorce.
- No-fault divorce requires 6 months of separation or irreconcilable differences.
- New Jersey has a longer residency requirement of 12 months.
How to Prepare for Divorce in New Jersey
⚖️ Legal Preparation
- Collect marriage certificates, prenuptial agreements, and prior court orders
- Understand residency requirements (12 months in NJ)
- Decide whether an attorney or mediator best fits your situation
- Research New Jersey's both fault and no-fault divorce options
💰 Financial Preparation
- List all assets, debts, and income sources
- Gather tax returns (last 3–5 years)
- Open accounts in your own name
- Document all shared accounts and credit cards
New Jersey divides marital property equitably. Courts consider 16 statutory factors.
👨👩👧👦 If You Have Children
- Learn New Jersey custody standards
- Document children's schools, healthcare, and activities
- Consider ideal custody schedules
- Gather records of parenting involvement
New Jersey courts prioritize the child's best interest and consider many factors including safety.
🔐 Personal & Digital Preparation
- Secure passwords and financial access
- Preserve important communications
- Build emotional and logistical support
- Create copies of important documents
New Jersey Divorce Resources
Stay Organized with Divorce Diary
Divorce Diary helps you track documents, deadlines, and decisions so nothing gets missed during New Jersey's divorce timeline. Walk into your first attorney meeting prepared and saving $1,000+ in intake fees.
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