New Jersey Divorce Records

In New Jersey, divorce records document the dissolution of a marriage and include divorce certificates, decrees, and court case records. Divorce records are public under the Open Public Records Act but can be sealed to protect sensitive information.

The state's divorce rate was 2.7 per 1,000 people in 2016, lower than the national average and the lowest in the Northeast. Approximately 50% of marriages in New Jersey end in divorce, with the average age for a first divorce being 30. Women initiate 66% of divorces, often citing "irreconcilable differences." Fault-based grounds for divorce include adultery, desertion, cruelty, addiction, mental illness, imprisonment, and deviant sexual conduct.

Divorce records can be accessed offline through the Superior Court Records Center or online via third-party websites and the New Jersey Courts website.

What are Divorce Records?

A New Jersey divorce record is official documentation of information related to the dissolution of a marriage. It may be in the form of a divorce certificate, divorce decree, or divorce court case information. A divorce certificate contains minimal information declaring that a marriage has been dissolved and finalized in a Superior Court in New Jersey. However, a divorce decree contains more detailed information than a divorce certificate. All documents generated during the divorce case in New Jersey courts make up the divorce court case records.

Are Divorce Records Public in New Jersey?

Divorce records in New Jersey are public and can, therefore, be accessed in accordance with the Open Public Records Act. However, since divorce records typically contain private and sensitive information about children, many divorcing couples lean towards sealing the records from public access. To balance individuals' privacy rights and transparency of court and government operations to the public, some portions of New Jersey divorce records may be unavailable to the public. These include credit card information, telephone numbers, social security numbers, and the identities of minors and domestic abuse victims.

Divorce Stats and Rates in New Jersey

In 2016, New Jersey's divorce rate was approximately 2.7 divorces per 1,000 population, lower than the national average of 3.2. New Jersey also had the lowest divorce rate in the Northeast region.

Around 50% of marriages in New Jersey end in divorce, highlighting a significant rate of marital dissolution. The average age for a first divorce in the state is 30 years, suggesting early matrimonial breakdowns. Women initiate about 66% of divorces, pointing to a higher tendency among women to seek marital dissolution.

"Irreconcilable differences" is the most common reason cited for divorce in New Jersey. Additionally, 60% of divorce cases involve children, indicating a considerable impact on the younger population. The average duration of marriages ending in divorce is eight years. Despite the challenges, about 30% of divorced individuals in New Jersey choose to remarry, reflecting a continued belief in marriage. Over the past decade, the divorce rate in New Jersey has been declining, with the state recording 2.3 divorces per 1,000 population in 2022.

Grounds for Divorce in New Jersey

New Jersey allows divorcing couples to choose a no-fault or fault-based ground for the dissolution of their marriages.

If you choose a no-fault ground to terminate a marriage in the state, then the premise must be irreconcilable differences or separation. Irreconcilable differences mean you and your spouse can no longer get along, and the differences have led to the breakdown of your marriage for a minimum of six months. Also, there must be no reasonable reconciliation prospect between you. For a marriage to be dissolved based on separation, you and your spouse must have lived apart for a minimum of 18 consecutive months, and there must be no reasonable expectation of reconciliation. The presumption by New Jersey judges is that you are unlikely to get back together with your spouse if you have been separated for 18 consecutive months.

To choose a fault-based ground for a divorce in New Jersey, one or more of the following premises must apply:

Adultery
Willful Desertion: This applies when a spouse intentionally abandons the marital home and has been absent for at least one year.
Extreme Cruelty: This includes mental and physical cruelty that endangers the health or well-being of the spouse. If you file for divorce based on this ground, you must wait a minimum of three months from the last incident of cruelty to use it as grounds for divorce. However, this waiting period does not apply if you respond to a divorce filing with a counterclaim.
Voluntary Drug or Alcohol Addiction: The addiction must have continued for a minimum of one year after the marriage and before the divorce filing.
Institutionalization for Mental Illness: The institutionalization must have lasted for at least two years after the marriage and before filing for divorce.
Imprisonment: Your spouse must have been imprisoned for a minimum of 18 months after the marriage, and you cannot have resumed living together after the imprisonment but before filing for divorce.
Deviant Sexual Conduct: This ground is applicable if the other spouse engaged in deviant sexual behavior voluntarily and without your consent.

How to File for Divorce in New Jersey

You can file for a divorce in New Jersey by following these steps:

Review New Jersey’s Eligibility Requirements: Before filing for a divorce in New Jersey courts, you or your spouse must have been a resident of the state for the previous 12 consecutive months. However, per N.J. Rev. Stat. § 2A-34:10, an exception may be granted for this waiting period if you are filing for divorce based on your spouse's adultery. Also, you have a permissible ground for divorce in the state before you may have the court terminate your marriage.
Gather Financial Documents: Collect all necessary financial records, such as tax returns, pay stubs, bank statements, and a list of assets and liabilities. These documents are essential for accurately completing the divorce paperwork.
Identify the Correct Court: Divorce complaints must be filed in the New Jersey Superior Court in the county where the grounds for the divorce occurred or, if filing on no-fault grounds, in the county where you live.
Complete the Necessary Forms: The specific forms you need may differ depending on the circumstances in your case. However, you may contact the Clerk of the Court to obtain the appropriate forms. You may consider hiring an experienced family law attorney to help navigate the forms and their completion and other legal issues that may arise later.
File the Complaint: Submit the completed Forms to your local county court and pay the filing fee. If you cannot afford the fee, you may apply for a fee waiver. You may be able to use the New Jersey Courts Judiciary Electronic Document Submission (JEDS) to submit your completed forms.
Serve Divorce Papers on Your Spouse: Legally deliver divorce papers to your spouse using a professional process server, county sheriff, or another court-approved method. Proof of service must be filed with the court.
Respond to the Complaint: If you are the recipient of the divorce complaint, you must respond within the timeframe specified by New Jersey law, typically 35 days. Likewise, your spouse must respond or answer within the same timeframe if they are the defendant.
Discovery: At this stage, you and your spouse must exchange financial and other relevant information to ensure a fair settlement.
Attend Court Events: You must participate in mandatory court events, including case management conferences, early settlement panels, or economic mediation sessions.
Reach an Agreement or Go to Trial: If an agreement is reached that is amenable to both parties, a Marital Settlement Agreement will be prepared and signed. If no agreement is reached, the case goes to trial, where the court will make the final judgment.
Finalize the Divorce: Once the judge signs the Final Judgment of Divorce, the divorce is official, and you can get a copy of the judgment for your records.

New Jersey Divorce Decree

A divorce decree is an official order issued by a court that legally ends a marriage. This document clearly identifies the parties involved and outlines the details of the divorce, including the division of assets, alimony, and child custody arrangements. Once entered, divorce decrees become part of the public record and are accessible by third parties under the New Jersey Open Public Records Act.

How to Find and Access New Jersey Divorce Records

In New Jersey, divorce cases are filed and adjudicated in the Family Division of the Superior Court at the county court level. Once a case is completed and a divorce judgment is issued, the case is officially closed. The records for these closed divorce cases are then stored and archived by the Superior Court Clerk's Office in a warehouse located in Trenton.

Transferring closed case records from the County Courts to the Superior Court Clerk's Office for archiving is not immediate and varies by county. This interval between the closure of a case and the transfer of its records to the central archive can differ based on each county's specific practices and policies. Consequently, the availability of records for older divorce cases may depend on the county where the case was heard and the timeframe in which it was transferred to the central archive in Trenton.

The state makes access to divorce records available to the public in the following ways:

Offline Access

Divorce decrees in New Jersey are available from the Superior Court of New Jersey Records Center. You can obtain a divorce certificate for a nominal fee from the Superior Court Clerk's office. The certificate contains the county of venue, name of the parties, docket number, and the date of the final judgment of divorce. The certificate is also stamped with the seal of the Superior Court. If a divorce decree is unavailable at the RIC in Trenton (typically for years 2014 to the present), you may contact the Family Division of the Superior Court in the county in which the divorce occurred. For more information on obtaining certified copies of New Jersey divorce decrees, call the Records Center at 609-421-6100.

Online Access

Certain third-party sites allow requesters to access divorce records on their websites. These vendors aggregate information from different sources into a single searchable database and may require requesters to pay a fee to search. You may also be able to access divorce court case information online via the New Jersey courts website.

References

Counties in New Jersey

List of Content

What are Divorce Records?
Are Divorce Records Public in New Jersey?
Divorce Stats and Rates in New Jersey
Grounds for Divorce in New Jersey
How to File for Divorce in New Jersey
New Jersey Divorce Decree
How to Find and Access New Jersey Divorce Records
1. Offline Access
2. Online Access