What Happens After Filing for Divorce in New Jersey

Your 60-Day Service Deadline

Once the Family Division accepts your complaint and stamps it with a docket number, the clock starts. You have 60 calendar days to formally serve your spouse with the Summons and Complaint.

You cannot personally serve your spouse by hand-delivering the papers — New Jersey requires service by an uninterested third party who is at least 18, unless your spouse voluntarily signs an Acknowledgment of Service. Your three main options:

• Acknowledgment of Service. If your spouse is cooperative, they sign a notarized Acknowledgment of Service form (Form 08), and you file it with the court. This is the cheapest and fastest method.
• County Sheriff. Send the papers to the Sheriff's Office in the county where your spouse lives. The deputy delivers them and files a Return of Service directly with the court. The fee is set by county and mileage charges vary by municipality; Burlington and Cape May County schedules list $24 for service and return, before any separate mileage charge.
• Private process server. A private process server delivers the papers and executes an Affidavit of Service, which you file with the court along with a receipt.

If you can't locate your spouse after a diligent search — contacting relatives, past employers, the Motor Vehicle Commission, the postal service, and military databases — you can file a Certification of Diligent Search (CN 11490) and ask the court to authorize service by publication in a local newspaper.

The 35-Day Response Window

After your spouse is served, they have 35 calendar days to respond. Three options are on the table:

1. Answer — they admit or deny each allegation in your complaint, contesting specific issues.
2. Answer and Counterclaim — they respond and assert their own separate grounds for divorce.
3. Notice of Appearance — they don't contest the divorce itself but want to be heard on ancillary matters like custody, support, or property division.

What your spouse does — or doesn't do — during these 35 days determines your case track.

If Your Spouse Responds: The Contested or Uncontested Track

When your spouse files a response, the case splits into one of two paths depending on how much you agree on.

Uncontested track. You both agree on every issue — property, support, custody, parenting time. You draft and sign a Property Settlement Agreement (PSA), submit it to the court, and request finalization "on the papers" under Judiciary Directive #01-25, without an in-person court appearance when the court approves that procedure. Most uncontested cases wrap up in two to four months from filing.

Contested track. If you disagree on any substantive issue, the court routes you through a structured settlement pipeline:

1. Financial disclosure. When custody, support, alimony, or property division is disputed, both parties must complete and exchange the Case Information Statement (CIS, Form CN 10482) within 20 days after the defendant files an Answer or Appearance. This requires a full breakdown of income, assets, debts, and monthly expenses backed by tax returns, pay stubs, and bank records.
2. Early Settlement Panel (ESP). Two volunteer matrimonial attorneys review your financial positions and issue a non-binding recommendation on how a judge would likely rule. If you both accept, the case can settle that day.
3. Economic Mediation. If the ESP doesn't resolve things, the court assigns a neutral mediator. The first two hours are free; after that, the mediator charges an hourly rate split between the parties.
4. Intensive Settlement Conference (ISC). A full-day session at the courthouse where a judge or senior court officer works directly with both sides. Most contested cases that haven't settled are resolved here.
5. Trial. If every settlement attempt fails, the case goes before a judge. Contested divorces with trial typically take 10 to 18 months total.

If Your Spouse Doesn't Respond: The Default Track

When the 35 days pass with no Answer, Counterclaim, or Appearance, you can proceed on the default track. File a Request to Enter Default along with an Affidavit of Non-Military Service (the federal Servicemembers Civil Relief Act requires you to verify your spouse isn't on active duty).

If you already have a signed PSA, submit it with your default paperwork — the judge will typically incorporate it into the final judgment.

If there's no signed agreement, you must serve a Notice of Proposed Final Judgment on your spouse at least 20 days before the scheduled default hearing. The notice must include your proposed distribution of all marital assets and debts, any support requests with specific amounts, and your completed CIS.

At the default hearing, you'll still need to prove asset values and demonstrate that your proposed division is fair under the equitable distribution statute. The court doesn't rubber-stamp requests just because your spouse didn't show up.

The Final Judgment

Whether your case is uncontested, settled through mediation, or resolved at trial, the court enters a Final Judgment of Divorce. The final hearing is often conducted virtually — by phone or video — where the judge confirms all legal requirements are met and signs the decree.

If you requested a name change in your complaint, the judge can incorporate a Name Change Order directly into the final judgment.

To update your identification, bank accounts, and property titles afterward, order certified copies of the Final Judgment from the Superior Court Clerk's Office in Trenton. A certified copy costs $25 ($15 copy fee plus $10 seal fee).

Every step from service through finalization has specific forms, deadlines, and potential pitfalls. Our New Jersey Divorce Filing Process Guide maps the entire sequence so you know exactly what's coming and when.

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