DIY Divorce in New Jersey: What You Need to Know Before Filing on Your Own

Thinking about doing your divorce without a lawyer? Spoiler Alert: You totally can! 

If you and your spouse are mostly on the same page, a DIY divorce in New Jersey can save you time, money, and stress. But skipping the courtroom drama doesn’t mean skipping the details.

Whether you’re filing for an uncontested divorce or just want to avoid a long legal battle, here’s what you must agree on, and how to protect yourself in the process.

**DISCLAIMER:** This is not an exhaustive list. Consult with an attorney further about your specific circumstances). 

✅ 1. Divide Your Property and Debts

The court won’t finalize your divorce until everything is agreed upon. But what does that entail? Glad you asked. You and your spouse will need to decide how to split:

• Bank accounts and cash assets

• Retirement funds (401(k)s, IRAs, pensions)

• Real estate and vehicles

• Credit card debt and personal loans

• Furniture, electronics, and valuables
  
  

Even if you agree to a 50/50 split, it should be clearly outlined in your marital settlement agreement.

✅ 2. Spousal Support / Alimony

New Jersey courts allow spouses to waive or agree to spousal support, but it must be in writing. Discuss:

• Whether alimony is being paid

• How much and for how long

• The exact terms of payment

• Any waivers of future claims
  
  

Don’t assume silence means agreement; get it in writing. And if there will be no payment of alimony, make sure your agreement says that. 

✅ 3. Custody and Parenting Plan

If you have children, the court will require a clear parenting plan, even in an uncontested divorce. You’ll need to address:

• Legal and physical custody

• Visitation/parenting schedules

• Holidays, school breaks, and vacation or travel

• Communication and dispute resolution methods

This ensures you avoid future confusion and hopefully keeps the court from stepping in.

✅ 4. Child Support

Child support in NJ (for most cases) is based on a formula, but you can still come to an agreement as long as it’s fair and meets legal standards. Include:

• Weekly or monthly payment amounts

• Who pays for health insurance, daycare, summer camp extracurriculars or any other “extras” in addition to the regular child support amount

• How and when payments are made (including whether payments are made through Probation and/or via wage garnishment)
  
  

Courts won’t finalize a divorce without an enforceable child support plan.

✅ 5. Health Insurance and Taxes

Will one spouse keep the other on health insurance during the divorce process? Who will claim the kids on their tax return? Don’t overlook:

• COBRA coverage, if applicable

• Tax deductions or child tax credits

• Filing status in the year of divorce
  
  

These details can have major financial consequences if not addressed.

✅ 6. Legal Documents You’ll Need

Even in a DIY divorce, you must file:

• A Complaint for Divorce

• Acknowledgment of Service, or receipt of the Complaint 

• An Answer to the Complaint, or a waiver 

• A Request to Enter Default

• Certifications by each party acknowledging the proceeding, the agreement and asking the court to enter a Judgment of Divorce 

• Any additional county-specific forms
  
  

Mistakes in your paperwork can delay your case or cause your agreement to be rejected.

⚖️ Need Help But Not Full Representation?

That’s where we come in.

At WOLF Esquires, we support people going through amicable, flat-fee divorces in New Jersey. Our services include:

• Document preparation so you can file with confidence

• Legal review and/or drafting of your settlement agreement

• One-on-one legal coaching when you need guidance
  
  

You don’t need a full-time lawyer. You just need the right help at the right time.

🎁 Download Your Free Divorce Settlement Checklist

We created a Divorce Settlement Checklist to help you make sure you’re covering all the essentials, and not leaving money or rights on the table.

👉 Click here to download the free checklist now

Want help filing your DIY divorce in NJ?

Book a flat-fee consultation today with a member of the WOLF team and let us help you get it done, simply, affordably, and without court drama.