Equal Marriage and Divorce Rights in New Jersey

New Jersey recognized same-sex marriage in 2013 after a state court ruling required marriage equality. The U.S. Supreme Court’s Obergefell v. Hodges decision two years later made marriage equality the law nationwide. Today, same-sex spouses in New Jersey enjoy the same rights — and responsibilities — as opposite-sex couples when it comes to divorce.

Divorce in New Jersey is officially called dissolution of marriage, and the same statutes apply to all couples. Still, LGBTQ+ spouses often encounter issues unique to their circumstances, especially when relationships predated legalization, parentage wasn’t formally established, or long-term financial support is in question.

Filing for Divorce in New Jersey

To file for divorce, residency rules must be met:

• At least one spouse must have lived in New Jersey for 12 months before filing (except in cases of adultery).
  
• Divorces are filed in the Superior Court of New Jersey, Chancery Division, Family Part in the county where either spouse resides.
  

New Jersey allows both fault-based and no-fault divorce. The most common option is the no-fault ground of irreconcilable differences that have lasted at least six months. This approach keeps the process simpler and is often preferred by same-sex couples seeking an uncontested divorce.

Even so, accurate petitions are essential. Filing errors or incorrect residency claims can stall a case, creating unnecessary stress and delays.

Child Custody and Support

Custody decisions in New Jersey are based on the best interests of the child and divided into:

• Legal custody: decision-making authority.
  
• Physical custody: where the child primarily resides.
  

For same-sex couples, parentage can complicate matters. If both spouses are recognized as legal parents — through adoption, surrogacy, or being listed on the birth certificate — they are treated equally. But if one spouse is not legally recognized, securing custody or visitation may require additional legal steps.

Child support is calculated using the New Jersey Child Support Guidelines, which consider parental income, childcare expenses, and the child’s health and living needs. Judges expect agreements to align with these standards, and those that don’t are unlikely to be approved.

Property and Debt Division

New Jersey follows the principle of equitable distribution. Marital property includes assets and debts acquired during the marriage, while separate property — such as inheritances, gifts, or pre-marriage holdings — remains with the original owner.

For LGBTQ+ couples, the timeline can create tension. Many shared assets were accumulated long before same-sex marriage became legal in 2013. Courts, however, generally measure from the legal wedding date, meaning pre-2013 property may not qualify as marital property. While couples can negotiate fair agreements, the legal framework doesn’t always reflect the full history of the relationship.

Clear agreements documented in advance usually prevent these issues from escalating into costly disputes.

Spousal Support (Alimony)

Alimony may be awarded when one spouse has a demonstrated financial need and the other has the ability to contribute. Factors considered include:

• Duration of the marriage
  
• Standard of living during the marriage
  
• Income and earning capacity of both spouses
  
• Age and health of each party
  
• Contributions to the household, including childcare and homemaking
  

For same-sex couples, the challenge often lies in the official marriage duration. Courts typically measure from the legal marriage date, even when the couple shared a long-term relationship beforehand. This can shift how alimony is categorized (short-term, limited duration, or open durational) and how much is awarded.

Couples who resolve alimony terms through mutual agreement tend to move through the process faster and with fewer conflicts.

New Jersey Divorce Timeline

New Jersey Uncontested Divorce Timeline

Uncontested divorces in New Jersey are often quicker than contested cases, but they still involve a careful two-stage process of filing documents, exchanging disclosures, and securing the judge’s approval. Missing forms, improper notarization, or inconsistencies can easily extend the timeline.

1. Drafting the Required Documents

Before filing anything, the spouses must prepare a complete set of documents. In New Jersey, this often includes:

• Complaint for Divorce – initiating the case and stating the grounds (most commonly “irreconcilable differences” lasting at least six months).
  
• Certification of Verification and Non-Collusion – affirming the truthfulness of the filing.
  
• Summons – notifying the other spouse of the case.
  
• Confidential Litigant Information Sheet – required for all family cases.
  
• Marital Settlement Agreement – covering custody, visitation, child support, alimony, property, and debt division.
  
• Case Information Statement (CIS) – a detailed financial disclosure form, required in most cases to show income, assets, debts, and expenses.
  
• Child Support Guidelines Worksheet – mandatory if children are involved.
  
• Proposed Final Judgment of Divorce – prepared in advance for the judge’s signature.
  

All of these must be drafted carefully and consistently. For example, the CIS must align with the Marital Settlement Agreement, and the Parenting Plan (if applicable) must align with the child support calculations. Any contradictions can result in rejection.

2. Notarization of Key Filings

Several documents must be notarized, including the Marital Settlement Agreement and financial affidavits.

• In-person notarization is the default across most counties.
  
• Remote Online Notarization (RON) is recognized in New Jersey, but some judges still prefer traditional notarization.
  

Improper notarization is one of the leading reasons that divorce filings are rejected by court clerks.

3. Filing the Docketing Package (Stage One)

The first filing is the docketing package, which opens the case. It generally includes:

• The Complaint for Divorce.
  
• The Summons.
  
• The Confidential Litigant Information Sheet.
  
• The Certification of Verification and Non-Collusion.
  
• The Case Information Statement (or a waiver, if both spouses agree and financial issues are fully settled).
  

This package is filed with the Superior Court of New Jersey, Chancery Division, Family Part in the appropriate county. Once accepted, the case is docketed and assigned a number.

4. Service of Process

After the docketing package is filed, the non-filing spouse must be served. In uncontested cases, the spouse typically signs an Acknowledgment of Service, which must be notarized. If the spouse refuses, formal service by sheriff or process server may be required.

5. Exchange of Financial Disclosures

Both spouses must exchange full financial information. The Case Information Statement is the main disclosure document, requiring detailed breakdowns of income, expenses, assets, debts, and liabilities. Even in uncontested divorces, failure to exchange or file financial information can prevent the court from finalizing the case.

6. Filing the Final Judgment Package (Stage Two)

After service and financial disclosures, the spouses submit the final judgment package to the court. This typically includes:

• The Marital Settlement Agreement (notarized).
  
• The Child Support Guidelines Worksheet (if applicable).
  
• A proposed Final Judgment of Divorce.
  
• Any supporting certifications, affidavits, or forms required by the county.
  

The judge reviews these documents to ensure that custody and support meet statutory standards, the property division is lawful, and the agreements are clear.

7. Court Review and Hearing

Many uncontested divorces in New Jersey are finalized without a lengthy hearing, though a brief appearance is sometimes required. The judge’s focus is on ensuring that:

• Custody and parenting arrangements serve the child’s best interests.
  
• Child support calculations comply with New Jersey’s guidelines.
  
• The Marital Settlement Agreement is fair, voluntary, and consistent with the CIS.
  
• All documents are notarized and executed correctly.
  

If everything is in order, the judge signs the Final Judgment of Divorce.

Why Uncontested Divorces Still Take Time

While many uncontested divorces in New Jersey can be finalized in just a few months, delays are common when:

• The docketing package is incomplete or filed incorrectly.
  
• Service of process is improper or not documented.
  
• Financial disclosures in the CIS are inconsistent with the settlement agreement.
  
• The final judgment package is missing required notarizations.
  

Because the process requires two separate filings (first the docketing package, then the final judgment package), couples must be meticulous in preparing and submitting documents. Otherwise, the court may require revisions and resubmissions, prolonging the timeline.

Unique Considerations in Same-Sex Divorce

• Parentage gaps: Non-biological parents may face challenges without legal adoption or recognition.
  
• Pre-2013 property: Assets acquired before marriage equality may not be treated as marital property.
  
• Marriage duration: Courts may count only the legal marriage date when determining alimony, overlooking years lived together before legalization.
  

These realities make preparation especially important for LGBTQ+ couples who want their divorce handled smoothly.

Moving Forward in New Jersey

Divorce laws in New Jersey guarantee equal treatment, but the unique realities of same-sex relationships — from custody to property division to spousal support — often require extra care. Couples who resolve these issues in advance and document them clearly usually find that an uncontested divorce is the fastest and least stressful path forward.

For many, relying on an affordable online divorce service designed for uncontested cases is the most practical way to move on. It reduces costs, avoids unnecessary courtroom disputes, and ensures paperwork meets the strict requirements of New Jersey courts. Whether you live in Newark, Jersey City, Trenton, or anywhere else in the state, having the right support makes the process far more manageable.