How to File for Divorce:

Revised: September 2023

If you would like a divorce and are representing yourself (“pro se”), the following is an overview

of the grounds and procedure for ling for divorce.

Grounds for Filing for Divorce:

In the state of New Jersey, you can obtain a divorce based on a number of different grounds

(reasons), such as:

• 18-month separation

• Desertion

• Extreme Cruelty (mental or physical)

• Irreconcilable Differences

• Adultery

Any one of the above grounds is sufcient cause for ling, but the complaint may include more

than one ground, if applicable to your case.

Procedure for Filing:

Step 1: Preparing the Complaint

There is a certain legal format that your complaint (divorce document) must follow. You may

obtain an information packet, entitled “Instructions for Filing for Divorce,” at the Family Intake

Desk in the Morris County Courthouse. The courthouse is open Monday – Friday, 8:30 am – 4:30

pm. Legal Services of New Jersey also provides a publication, “Divorce in New Jersey: A Self

Help Guide.”

Step 2: Filing the Complaint

Once your complaint is completed, you must send it to the Court to be led.

Send it to: Superior Court of Morris County

Family Division - Family Direct Filing

P.O. Box 929

Morristown, NJ 07963-0929

You must send the original and two copies of the complaint, along with any other required

documents, the applicable ling fee (see below), and a self-addressed, stamped envelope so

the court can send you a copy of the led complaint.

You must include the ling fee, currently $300. An additional $25 parent education workshop

fee may apply if your request involves child support, parenting time, or custody of children. The

fee should be paid by check or money order, payable to “Treasurer, State of New Jersey.” If you

wish to pay in cash, you must do so in person at the Finance Division ofces in the Morris County

Courthouse.

Revised: September 2023

Step 3: Serve the Complaint

Once you receive a copy of the led complaint from the court, your spouse (“the defendant”)

will have to be served with the paperwork. To do this you will have to prepare the Summons

(again you can get a sample from the Courthouse) and contact the Sheriff’s Department of the

county where the Defendant resides in order to have service made.

Once the defendant is served, you will receive from the Sheriff’s Ofce a Proof of Service. Keep

this document because you may have to use it in the future as proof that the defendant was

served.

Process After Serving the Complaint:

The defendant has 35 days to respond to the complaint. If the defendant does not le an

answer, you may le a DEFAULT against the defendant, meaning that you may get your

Judgement of Divorce before a judge without the defendant being present. Default judgments

are not automatic: you, as the plaintiff, must submit a formal Request to enter Default and a

Certication of Default. These forms and the process for ling are described in the “Instructions

for Filing for Divorce” obtained from the Family Intake Ofce at The Morris County Courthouse.

These instructions also describe other ways in which the defendant may respond and the

procedures that will be followed based upon the defendant’s response.

This is the general format for ling for divorce. Keep in mind that if there are any issues that

need to be resolved in the divorce (eg. division of property, child custody, child support),

additional paperwork may have to be led. Refer to the “Instructions for Filing for Divorce” for

additional information.