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Divorce Waiting Period in New Jersey

In New Jersey, a no-fault divorce can be based on irreconcilable differences lasting 6 months or on living separate and apart in different homes for at least 18 months.

Last checked . General information, not legal advice.

New Jersey at a glance

Separation required
No, 18 months apart is one ground
Irreconcilable differences for 6 months is an alternative ground with no separation period.

Sources

Last checked

The rules in New Jersey

Do spouses have to live apart before a no-fault divorce in New Jersey?

Separation required in New Jersey: No, 18 months apart is one ground. Irreconcilable differences for 6 months is an alternative ground with no separation period.

Where do the New Jersey divorce waiting periods come from?

The rules above come from N.J. Stat. 2A:34-2. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

A waiting period is a minimum, not an estimate. Contested issues such as property division, support or custody, court schedules and missing paperwork can make a divorce take much longer than the statutory minimum.

Separation rules can depend on how the state defines living apart. Some states count time spent separated under the same roof, while others require separate homes. Keeping a record of the date the separation began, such as a written separation agreement or a lease, can help show when the period started.

Spouses can often use the waiting period to negotiate a written settlement covering property, debts, support and parenting time. A settlement agreement that is ready when the waiting period ends can help the court finalize the divorce sooner, and a local attorney can confirm the filing requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.