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In New Jersey a Petition for Divorce is a legal document that when filed with the appropriate circuit court initiates a dissolution of marriage proceeding with the court.
The petition must be filed with the circuit court in the County where either spouse has resided for at least 90 days. In order to file a petition for divorce in New Jersey either spouse must have been a resident of New Jersey for at least six months.
A petition for divorce does not legally end the marriage. In order to finalize and complete a divorce a judge must sign a Final Judgment for Dissolution of Marriage at any time before the judge signs the Final Judgment a Petition for Dissolution may be withdrawn by the spouse who filed the Petition with the court.
Filing a Complaint for Divorce begins – but does not finalize – the divorce process. Only a judge of the New Jersey Superior Court can dissolve a marriage by signing a Final Judgment of Divorce.
The time from filing to final judgment depends on the court’s schedule, the type of case, and how quickly both spouses complete the required paperwork. There is no fixed waiting period under New Jersey law, but uncontested divorces generally conclude faster than contested ones.
The spouse who filed the complaint (the plaintiff) may request to dismiss the case before judgment, subject to court approval if the other spouse has responded.
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