Divorce Attorney

You Don't Have to Face This Alone

If you are considering divorce or have been served with divorce papers, you are likely experiencing one of the most difficult periods of your life. The uncertainty about your future, your finances, and your children can feel paralyzing. At Raghnal Burroughs, our attorneys understand what you are going through, and we are here to help you move forward with clarity, confidence, and your rights fully protected.

Divorce in New Jersey is a legal process governed by specific statutes, procedures, and timelines. Having knowledgeable attorneys by your side ensures that you understand your options at every stage, that your interests are advocated for, and that decisions made today do not compromise your future. Whether your situation is straightforward or highly contested, our attorneys bring the same level of diligence and care to every case we handle.

Grounds for Divorce Under New Jersey Law

New Jersey law permits divorce on both no-fault and fault-based grounds. The controlling statute is N.J.S.A. 2A:34-2, which sets out all recognized causes of action for dissolution of marriage.

No-Fault Divorce: Irreconcilable Differences

The vast majority of New Jersey divorces are filed on the ground of irreconcilable differences. Under N.J.S.A. 2A:34-2(i), a court may grant a divorce when irreconcilable differences have caused the breakdown of the marriage for a period of at least six months and there is no reasonable prospect of reconciliation. Neither spouse needs to prove wrongdoing. Only the marriage has broken down.

A second no-fault option is separation (N.J.S.A. 2A:34-2(d)), which requires that the spouses have lived separate and apart in different habitats for 18 or more consecutive months with no reasonable prospect of reconciliation.

Fault-Based Grounds

While less commonly pursued, New Jersey still permits divorce on fault-based grounds, which can occasionally be relevant to negotiations over alimony and equitable distribution. Recognized fault grounds under N.J.S.A. 2A:34-2 include:

• Adultery: Sexual relations with a person other than the spouse during the marriage
• Desertion: Willful, continued desertion for 12 or more months
• Extreme cruelty: Physical or mental cruelty that endangers the plaintiff's safety or health (N.J.S.A. 2A:34-2(c))
• Addiction: Habitual drunkenness or drug addiction for 12 or more consecutive months
• Institutionalization: Confinement to a mental institution for 24 or more consecutive months
• Imprisonment: Imprisonment of the defendant for 18 or more consecutive months after marriage
• Deviant sexual conduct: Performed without the plaintiff's consent

Our attorneys will help you evaluate which grounds best fit your circumstances and whether pursuing fault-based grounds serves your strategic interests.

Types of Divorce in New Jersey

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all material issues, including property division, alimony, child custody, parenting time, and child support, before filing. This is often the fastest and most cost-effective path. Our attorneys can draft a comprehensive marital settlement agreement that is fair, enforceable, and designed to prevent future disputes.

Contested Divorce

A contested divorce arises when spouses cannot reach agreement on one or more key issues. These cases proceed through New Jersey's Family Part court system and may involve extensive discovery, expert witnesses, and ultimately a trial before a judge. Our attorneys are skilled litigators who are fully prepared to advocate for you in the courtroom if negotiation fails.

Collaborative Divorce

Collaborative divorce is a structured process in which both spouses and their attorneys commit in writing to resolving all issues outside of court. Financial specialists, divorce coaches, and child specialists may also participate. This approach is particularly valuable for couples who want to preserve a co-parenting relationship and reduce the emotional toll of litigation on their children.

The New Jersey Divorce Process: Step by Step

Step 1: Filing the Complaint for Divorce

The process begins when one spouse (the plaintiff) files a Complaint for Divorce in the Superior Court, Family Part of the county where either spouse resides. The complaint states the grounds for divorce and the relief being sought. The other spouse (the defendant) is then served and has 35 days to file an answer.

Step 2: Case Management Conference

Early in the case, the court schedules a case management conference to set timelines for discovery, identify disputed issues, and explore opportunities for early settlement. New Jersey courts actively encourage settlement at every stage of the process.

Step 3: Discovery

Discovery is the process by which both parties exchange financial and other relevant information. This can include tax returns, pay stubs, bank statements, retirement account records, business valuations, and property appraisals. Our attorneys ensure that all required disclosures are made accurately and that we receive complete information from the other side.

Step 4: Early Settlement Panel

Most New Jersey counties require contested divorce cases to appear before an Early Settlement Panel (ESP), a panel of experienced family law attorneys who provide a non-binding assessment of likely outcomes. This process often catalyzes settlement discussions and helps parties understand how a judge would likely rule.

Step 5: Economic Mediation

If the ESP does not resolve the case, courts typically order economic mediation, where a neutral mediator helps the parties negotiate a settlement. Our attorneys prepare thoroughly for mediation and advocate effectively for your interests throughout this process. For more information about mediation as a standalone option, visit our mediation services page.

Step 6: Intensive Settlement Conference / Trial

Cases that are not resolved through mediation may proceed to an Intensive Settlement Conference (ISC) before a judge. If no agreement is reached, the matter proceeds to trial, where a judge hears testimony and evidence before issuing a final judgment of divorce.

Key Issues That Shape Divorce Outcomes

The outcome of a New Jersey divorce depends on a number of interrelated factors. Our attorneys analyze each of these areas carefully to build the strongest possible position for you.

Equitable Distribution of Marital Property

Under N.J.S.A. 2A:34-23.1, New Jersey divides marital property according to the principle of equitable distribution, meaning fair, though not necessarily equal. Courts weigh 16 statutory factors, including the length of the marriage, the age and health of the spouses, each party's economic circumstances, and the contribution of each spouse to the marital estate. Learn more on our property division page.

Child Custody and Parenting Time

When children are involved, custody and parenting time decisions are governed by the best interests of the child standard under N.J.S.A. 9:2-4. Courts consider factors such as each parent's fitness, the stability of the home environment, the child's needs, and the willingness of each parent to facilitate a relationship with the other. See our child custody page for a full discussion.

Child Support

Child support in New Jersey is calculated using the New Jersey Child Support Guidelines (N.J.S.A. 2A:34-23(a)), which apply an income shares model based on both parents' gross income, the number of children, parenting time allocation, and mandatory expenses such as health insurance and childcare. Read more on our child support page.

Alimony

Spousal support is determined under N.J.S.A. 2A:34-23(b), which lists 14 factors a court must consider, including the length of the marriage, the standard of living established during the marriage, each spouse's earning capacity, and the supporting spouse's ability to pay. New Jersey recognizes four types of alimony: open durational, limited duration, rehabilitative, and reimbursement. More detail is available on our alimony page.

Realistic Expectations: Timeline and Costs

Timeline

• Uncontested divorce: Typically 6–12 weeks from filing to entry of final judgment
• Contested divorce with settlement: Most contested cases settle within 12–18 months, often at or before the mediation stage
• Full trial: Cases that proceed to trial can take 18–36 months or more, depending on court calendars and case complexity

Costs

• Uncontested divorce: Attorney fees typically range from $1,500 to $5,000, plus court filing fees
• Contested divorce settling before trial: Attorney fees commonly range from $10,000 to $30,000
• Trial: Full divorce trials can cost $30,000 to $75,000 or more in attorney fees and expert costs

Frequently Asked Questions About New Jersey Divorce

How long does a divorce take in New Jersey?

An uncontested divorce in New Jersey can be finalized in as little as 6 to 8 weeks after filing when both parties have already reached a full agreement. Contested divorces typically take 12 to 18 months, though cases involving significant assets, business interests, or serious custody disputes can take longer. The timeline is largely within the parties' control. The more issues that can be resolved by agreement, the faster the process moves.

What are the grounds for divorce in New Jersey?

New Jersey permits divorce on both no-fault and fault-based grounds under N.J.S.A. 2A:34-2. The most commonly used ground is irreconcilable differences, a no-fault ground requiring only that the marriage has broken down for at least six months with no reasonable prospect of reconciliation. Fault-based grounds include adultery, extreme cruelty, desertion, addiction, and others.

How much does a divorce cost in New Jersey?

Divorce costs in New Jersey vary significantly based on whether the case is contested. An uncontested divorce may cost $1,500 to $5,000 in attorney fees. Contested divorces that settle before trial typically range from $10,000 to $30,000. Cases that proceed to a full trial can cost considerably more. Our attorneys will give you an honest, realistic assessment of expected costs at your initial consultation.

Do I need a lawyer for an uncontested divorce in New Jersey?

Technically, you can represent yourself (pro se) in an uncontested divorce. However, the marital settlement agreement you sign will govern your finances and family arrangements for years, potentially decades. Errors in property division language, alimony terms, or custody provisions can be costly and difficult to undo. Our attorneys ensure that your agreement is comprehensive, properly drafted, and fully enforceable.

Related Legal Services

Divorce rarely involves a single legal issue. Most divorces require addressing several interconnected matters, and our attorneys are experienced across the full spectrum of New Jersey family law:

• Child custody: Legal and physical custody arrangements determined in your children's best interests
• Child support: Calculation, establishment, modification, and enforcement of support obligations
• Alimony: Spousal support negotiation and litigation for all four types recognized under New Jersey law
• Property division: Equitable distribution of marital assets including real estate, retirement accounts, and business interests
• Mediation: A structured, cost-effective alternative to courtroom litigation for resolving divorce-related disputes

Take the First Step Toward Your Future

You do not have to navigate New Jersey's divorce process alone. The attorneys at Raghnal Burroughs, based in Livingston, NJ, bring decades of combined family law experience, deep knowledge of New Jersey statutes and court procedures, and a genuine commitment to achieving the best possible outcome for every client we serve.

We offer confidential consultations in which we listen to your situation, explain your options clearly, and give you an honest assessment of what to expect. There is no obligation, and everything you share with us is protected by attorney-client privilege from the moment we speak.

Call our office at (908) 941-9319 to schedule your consultation, or use our online booking system to choose a time that works for you. Taking this first step can make all the difference.