New Jersey Divorce Records

New Jersey's divorce rate has gradually declined over the years - recent data puts the state's divorce rate at 2.2 divorces per 1,000 people, slightly lower than the national average of 2.2 per 1,000.

Divorces in New Jersey may be filed on either fault-based or no-fault-based grounds. For no-fault divorces, the couple can dissolve their marriage without assigning blame to either party; instead, the divorce is based on "irreconcilable differences" that have lasted for at least six months or a period of separation that has lasted for at least 18 months. On the other hand, in fault-based divorces, one spouse alleges that the other is responsible for the breakdown of the marriage due to specific actions, such as adultery, extreme cruelty, abandonment, substance abuse, or imprisonment. These divorces require evidence to support the claims, making them more complex and potentially more time-consuming.

Divorce costs in New Jersey are generally on the higher end of the national scale - on average, you can expect to pay $12,300 (per person) for a divorce in the state, over 23% higher than the national average of $9,969. These costs are influenced by factors like attorney fees, mediation expenses, and the overall complexity of the divorce case.

Are Divorce Records Public in New Jersey?

Divorce records in New Jersey are generally considered public documents and may be readily examined, inspected, and/or copied by any interested parties, in line with the stipulations of the state's public records law.

Be aware that certain types of information are exempt from disclosure under this law and are typically redacted to protect privacy or sensitive details. These include personal identifiable information like social security numbers and financial account numbers, records involving child custody, domestic violence, or other sensitive family matters, medical or psychological evaluations, and court-sealed records.

What Is Included in New Jersey's Divorce Records?

In New Jersey, the term "divorce records" is collectively used to refer to different types of documents that detail divorce proceedings in the state. There are two key types of divorce records in New Jersey:

• Final Judgment of Divorce: This is commonly referred to as a "divorce decree" and is the final judgment issued by the court that officially ends the marriage. Divorce decrees contain detailed information about the divorce and the court's decisions regarding it, such as property division, child custody, alimony, and other financial arrangements.
• Certificate of Divorce: This is a somewhat simpler document that also serves as proof of the divorce. Certificates of divorce typically contain details like the names of the parties involved, the county where the divorce was granted, the divorce docket number, and the date the final judgment of divorce was issued.

New Jersey divorce records are created and kept at the Family Division of the Superior Court at the county court level when the case is still ongoing. However, once a divorce decree has been issued and the case closed, these records are typically transferred to the state's Superior Court Records Center, where they are managed by the Superior Court Clerk's Office.

How Do I Find New Jersey Divorce Records?

New Jersey divorce records are maintained by the state's judicial branch, and interested parties may obtain certified copies of these records upon request. Certified copies of New Jersey divorce records are typically used for various legal purposes, such as:

• For official proof of divorce status, especially for remarriage
• For visa and immigration purposes
• To facilitate name changes and updates on official documents, such as passports, driver's licenses, and social security records
• To modify, enforce, and/or resolve court orders and disputes involving property division, custody, and support
• To update wills and settle inheritances or estate-related issues
• To access claims and benefits

Look Up New Jersey Divorce Certificate

The New Jersey Superior Court Clerk's Office may prepare Certificates of Divorce for interested parties on request. To obtain these documents, you will need to submit a Records Request Form to this office online via the Judiciary Electronic Document Submission (JEDS) platform (first-time users typically need to register an account before they can log in to the platform). Certified copies of New Jersey Certificates of Divorce cost $10 per copy. You may contact the Customer Service Unit of the Superior Court Clerk's Office at (609) 421-6100 for assistance with submitting your request and making necessary payments.

Look Up New Jersey Divorce Decree

You may obtain certified copies of a Final Judgment of Divorce (divorce decree) in New Jersey by submitting a Records Request Form to the state's Superior Court Clerk's office. You will typically need to include the docket number, case title, and county of venue and also specify that you wish to obtain a certified copy of a divorce decree when completing the form. If you do not have a docket number, you may provide the first and last names of the divorcing couple, the county where the divorce took place, and an approximate year for the divorce.

The completed form should be saved and then submitted online via the Judiciary Electronic Document Submission (JEDS) platform. There is a $25 fee for certified New Jersey divorce decrees, and requested documents are sent electronically to the email address provided on the form. Be aware that the provided divorce decree may not always contain the terms of property settlement agreements or have these attached, and additional fees may apply if you wish to obtain copies of this document. Inquiries may be directed to the Superior Court Clerk's Office at (609) 421-6100.

Look Up New Jersey Divorce Court Records

In addition to divorce decrees and certificates, you may access other types of divorce records in New Jersey, such as the dissolution complaint, settlement agreements, court orders, and more, by submitting a completed record request form to the New Jersey Courts online or via mail to:

Note that the Superior Court Clerk's Office only maintains records of closed cases (divorces that have been finalized), while records of open cases (where the divorce proceeding is still ongoing) are maintained by the Family Division of the Superior Court at the county level. As such, it is necessary to ensure that you include the correct processing location when completing the request form. Nevertheless, if the Superior Court Clerk's Office discovers that a request submitted to its Records Center is located in the county Family Division, it will typically forward the request to them for processing.

The cost of New Jersey divorce records range from seven cents to $60 per copy, depending on the type of document being requested. For additional information, contact the Superior Court's Records Center at (609) 421-6100 or the appropriate county Family Division Manager.

Can You Seal Divorce Records in New Jersey?

Yes, it is possible to seal divorce records in New Jersey; however, you have to demonstrate "good cause" as to why public access to the record should be restricted before it may be sealed. Some common reasons for requesting a record sealing in the state include protecting the welfare and privacy of children involved in the case, shielding sensitive financial information, and preventing reputational damage.

To get your divorce record sealed in New Jersey, you must file a petition with the appropriate court requesting that the records be sealed. You will need to include evidence as to why sealing the records is necessary and also typically have to notify the other party involved in the divorce to allow them to respond or object to the request. You may also be required to attend a court hearing and present your case before a judge who will determine whether the petition merits approval. If the petition is granted, the court will issue an order sealing the records, thereby restricting them from public access.

How Long Does a Divorce Take in New Jersey?

There is no mandatory waiting period after divorce papers are filed in New Jersey, and the final judgment of divorce may be issued as soon as the proceedings are concluded. These proceedings typically take anywhere from 2 - 4 months for uncontested divorces or up to a year or more for contested divorces.

Notwithstanding this, it should be noted that, per New Jersey Statutes Section 2A:34-2(i), for divorces based on irreconcilable differences, the couple must demonstrate that these differences have lasted for at least six months before filing.

Does New Jersey Require Separation Before Divorce?

New Jersey does not generally require a period of separation before filing for divorce, and couples can typically initiate divorce proceedings immediately without having to live apart for a prescribed period. However, an exemption is made for divorces filed on the grounds of "separation". In these cases, the couple must have lived separately in different habitations for at least 18 consecutive months with no reasonable chance of reconciling before they may file for divorce.

How Are Assets Split in a New Jersey Divorce?

In New Jersey, the division of a couple's assets during a divorce adheres to the principle of equitable distribution rather than a strict 50/50 split. This means that the state does mandate an equal division of property; instead, courts aim to distribute assets and liabilities in a fair and just manner.

Per state law, it is assumed that both partners contributed significantly to the income and property gained during the relationship, whether financially or nonfinancially. The court must then consider certain factors when making an equitable distribution of the property, including:

• The duration of the marriage
• Each party's age, as well as their physical and emotional health
• The standard of living established during the marriage
• The income or property each party brought to the marriage
• Pre-nuptial or post-nuptial agreements concerning property distribution
• Each party's earning capacity
• How each party helped the other's career
• The needs of the parent with custody of children (where applicable)

Who Gets Custody of a Child in Divorce in New Jersey?

New Jersey utilizes a nuanced and child-centric approach to custody that emphasizes the best interests of the child. This typically translates to ensuring that the child maintains frequent and continuing contact with both parents, and is evidenced by recent statistics, which indicate that divorced fathers in New Jersey are awarded 50% parenting time on average. This is higher than the national average, which is around 35%.

There are two basic types of child custody in New Jersey (each involving different rights and responsibilities), namely, Physical Custody and Legal Custody. Physical custody establishes the child's primary residence after the divorce, while legal custody determines who makes key decisions regarding the child's health care, education, and overall welfare. Depending on the specifics of the case, custody may be sole or joint.

• Sole Physical Custody: The child primarily lives with one parent (the custodial parent), while the other may have visitation rights.
• Joint Physical Custody: The child spends significant (sometimes nearly equal) time with both parents. This type of custody is sometimes referred to as "shared parenting" or "joint residential custody".
• Sole Legal Custody: One parent makes major decisions about the child's upbringing.
• Joint Legal Custody: Both parents share decision-making responsibilities with regards to the child's upbringing and overall welfare.