How to Serve Divorce Papers in New Jersey

The 60-Day Deadline

Once you file your divorce complaint and receive a docket number, you have 60 calendar days to formally serve the summons and complaint on your spouse. This deadline is not flexible — if you miss it, you may need to refile.

Service must be executed by an uninterested third party who is at least 18 years old. You cannot personally hand the papers to your spouse, even if they are willing to accept them.

Method 1: Acknowledgment of Service (Cooperative Spouse)

If your spouse is willing to cooperate, this is the simplest and cheapest option. You mail or hand the documents to your spouse. Your spouse then signs an Acknowledgment of Service (Form 08) in front of a notary public, confirming they received the papers and waiving formal process service.

The signed, notarized form gets filed with the court as your proof of service. No sheriff, no process server, no additional fees beyond notarization.

This method only works with a cooperative spouse. If there is any chance your spouse will deny receiving the papers, use formal service instead.

Method 2: County Sheriff

You send the divorce papers to the Sheriff's Office in the county where your spouse lives. A deputy personally delivers the papers and files a Return of Service directly with the court on your behalf.

Sheriff fees vary by county but follow a similar structure. The base service fee is typically $24 for the first defendant, plus mileage charges based on the distance to your spouse's address. Some examples:

• Morris County: $24 first defendant, mileage billed per municipality ($1 in Morristown and $7.04 in Budd Lake)
• Burlington County: $24 service and return
• Ocean County: $24 base fee, plus mileage; pro se papers require 4x mileage charges

Sheriff service is reliable and creates an official court record, but scheduling depends on the deputy's workload. In busy counties, service can take several weeks.

Method 3: Private Process Server

You hire a private process serving company to personally deliver the papers. Delivery time and cost vary by provider, location, and number of attempts.

After delivery, the server completes an Affidavit of Service that you file with the court along with the service receipt.

Method 4: Service by Publication (Last Resort)

If your spouse cannot be found, you can request court permission for service by publication. This requires demonstrating a "diligent search" — you must show you contacted the defendant's relatives, past employers, the Motor Vehicle Commission, the postal service, and military databases.

You file a Certification of Diligent Search (Form CN 11490) with the court. If the judge is satisfied you made a serious effort, they issue an order allowing publication. You then publish a formal notice in a local newspaper in the county where the complaint was filed.

This method is typically a last resort when a spouse cannot be located.

Filing Proof of Service

Regardless of which method you use, you must file proof of service with the court:

• Acknowledgment: the signed, notarized Form 08
• Sheriff: the Return of Service (filed by the sheriff automatically)
• Private server: the Affidavit of Service you file yourself
• Publication: the publisher's affidavit of publication

Without proof of service on file, the court will not move your case forward. The 35-day response period runs from proper service.

The New Jersey Divorce Filing Process Guide includes a service-of-process tracker that logs each method, deadline, and proof-of-service filing so nothing slips through the cracks during the 60-day window.

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