Is anyone in your household in danger or afraid?
We ask this first because your safety matters more than any paperwork. Nothing you answer here is saved.
Not a law firm. Does not give legal advice.
What an uncontested New Jersey divorce actually requires
“Uncontested” is not a description of how well two people get along. It is a description of the paperwork: neither spouse is asking the court to decide anything, because you have already decided all of it between you. The check above asks eight questions because there are eight places that assumption usually breaks. Here is what each one is really testing.
The two gates New Jersey sets, before anything else
Residency. One of you must have lived in New Jersey for at least twelve months before the complaint is filed. This is jurisdiction — it is not negotiable and it is not something a settlement can supply.
Six months of irreconcilable differences. Nearly every amicable New Jersey divorce is filed on irreconcilable differences, the no-fault ground at N.J.S.A. 2A:34-2(i). It asks you to confirm the differences have existed for six months or more and that there is no reasonable prospect of reconciliation. Note what it does not ask for: New Jersey has no separation requirement, and you do not have to have lived apart.
The six that are about you two, not the statute
Both of you want the divorce. You agree on property and debts. You agree on spousal support — including agreeing there will be none. If there are children, you agree on the parenting arrangement and on support. And you are willing to work from one shared account, each signing your own documents.
The remaining question is the one people most often answer too quickly: whether what you own together is simple. A marital home, a pension or a 401(k), or a business you built together are the three that most reliably need a lawyer's drafting — not because the divorce is harder, but because dividing them correctly involves documents a divorce judgment does not itself produce, like a deed, a refinance, or a qualified domestic relations order.
Why the first question is about safety
Before any of the legal gates, the check asks whether anyone in the household is in danger or afraid. That is not a formality and it is not there to qualify you. Where there is fear or control in a relationship, the negotiated, do-it-yourselves path is the wrong instrument, because it depends on two people bargaining as equals. If that is your situation, the honest answer is that this product is not what you need, and the tool says so and points elsewhere rather than continuing.
A “no” is information, not a rejection
Answering no to one of these does not mean you are headed for a courtroom fight. It usually means one specific thing needs an attorney — an hour of advice on a pension, a properly drafted deed — while the rest of the divorce stays amicable. The useful outcome of this check is knowing which one, before you have paid anyone anything.
Common questions
How long must you live in New Jersey before filing for divorce?
At least one spouse must have been a New Jersey resident for twelve months before the complaint is filed. This is a jurisdictional requirement and an agreement between the spouses cannot substitute for it.
Do you have to be separated to get divorced in New Jersey?
No. New Jersey has no separation requirement for a divorce on irreconcilable differences. The ground under N.J.S.A. 2A:34-2(i) asks that the differences have existed for six months or more and that there is no reasonable prospect of reconciliation — not that you have lived apart.
What makes a divorce uncontested in New Jersey?
That neither spouse is asking the court to decide anything. Both want the divorce and you have already agreed on property, debts, spousal support, and — if you have children — parenting and child support. The court is being asked to approve what you settled, not to resolve a dispute.
Can we handle our own divorce if we own a house together?
Sometimes, but a marital home is one of the three assets that most often needs a lawyer, along with pensions or retirement accounts and a jointly owned business. The divorce judgment does not itself transfer a deed or refinance a mortgage, and retirement accounts usually require a separate order.
Can one attorney represent both spouses in a New Jersey divorce?
No. A New Jersey attorney cannot represent both spouses in a divorce, because the two of you have conflicting interests. Each spouse who wants advice needs their own lawyer.
Where this comes from
- N.J.S.A. 2A:34-2 — causes for divorce, including irreconcilable differences
- New Jersey Judiciary — divorce self-help
- Legal Services of New Jersey — free legal help, 1-888-576-5529
Related
- Four ways to get divorced in NJ — and which one you should pick
- Do you two actually need lawyers?
- How to file for divorce in NJ, step by step
Clear Parting Docs is not a law firm and none of this is legal advice about your case. It is general information about New Jersey practice, with its sources named above so you can check it. Whether any of it applies to your marriage is a question for a New Jersey attorney.