New Jersey Family Laws
New Jersey allows both no-fault divorce (irreconcilable differences for 6+ months) and fault-based grounds (adultery, desertion, cruelty, addiction, imprisonment, deviant sexual conduct). The residency requirement is 12 months. Property is divided by equitable distribution considering 16 statutory factors. The 2014 Alimony Reform replaced "permanent alimony" with "open durational alimony" (only for marriages of 20+ years) and established duration limits tied to marriage length.
Last verified: 2026-02-25
Statute of Limitations
At least one spouse must be a bona fide NJ resident for at least 12 months prior to filing. Exception: no residency period for adultery (only that complainant is a resident at time of filing).
Key New Jersey Statutes
No-fault: irreconcilable differences causing breakdown for 6+ months. Fault: adultery, willful desertion (12+ months), extreme cruelty (3-month wait), habitual intoxication (12+ months), institutionalization (24+ months), imprisonment (18+ months after marriage), deviant sexual conduct.
Marital property is divided equitably (fair, not necessarily equal). Court considers 16 factors including duration of marriage, age/health, income/earning capacity, standard of living, debts, and tax consequences. Only marital property is subject to division.
Both parents have equal rights with no preference for either parent. Court considers parents' ability to agree, willingness to accept custody, domestic violence history, child's safety and needs, and the child's expressed preference (strengthened by 2025-2026 amendments requiring judges to address domestic violence before setting parenting schedules).
Four types: open durational (marriages 20+ years, replaced "permanent," ends at payor's full retirement age), limited duration (under 20 years, cannot exceed marriage length), rehabilitative (education/training, max 5 years), reimbursement (supporting spouse through degree, non-modifiable).
Uses income shares model based on combined parental net income up to $187,200/year. Considers overnight parenting time, health insurance, and childcare costs.
Official Sources
Not Legal Advice
This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at NJ Legislature — Title 2A (Domestic Relations). For advice about your specific situation, consult a licensed attorney.
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