Family Court

Scope

This file explains, in plain language for people who are not lawyers, what New Jersey's family court (the Family Division of the Superior Court) handles, how a family case starts, what happens during a case, how domestic violence restraining orders work, and where to find free help and official forms. It does not cover how to win a custody dispute, how child support amounts are calculated, juvenile delinquency proceedings, or the criminal prosecution of domestic violence — those are separate topics.

Legal Explanation

Everything in this file is New Jersey-specific. Family court in this file means the Family Division of the New Jersey Superior Court — part of the New Jersey state court system, not the federal courts. The Judiciary's Family Practice Division "develops and implements policies and best practices to advance the goals and mission of the Judiciary in areas related to family law," and it points people to the Judiciary's self-help center for forms and information to represent themselves in a family court matter [S1]. All facts below were verified on njcourts.gov on 2026-08-20; fees and procedures change, so the dates matter [S2][S5].

What family court handles (NJ-specific). The Judiciary identifies family cases by docket type, and the list shows the range of what family court does: FA adoption; FC child placement review; FD custody in non-divorce cases (non-dissolution); FF juvenile family crisis; FG termination of parental and adoption rights; FJ juvenile; FL kinship and legal guardianship; FM divorce (dissolution); FN child abuse/neglect; FO quasi-criminal; and FV domestic violence and Victim's Assistance and Survivor Protection Act (VASPA) cases [S1]. In New Jersey, divorce is officially called "dissolution" because the case dissolves a legal union, and the same process applies to ending a marriage, civil union, or domestic partnership, or seeking an annulment [S2]. In cases where no divorce is filed (the "non-dissolution" docket), family court handles child custody, parenting time and visitation (including by grandparents and siblings), establishing paternity, child support, spousal support, and health insurance coverage [S3]. In a divorce, the complaint itself asks the court for the things the filing person wants — such as custody, child support, or alimony [S2]. Family court also handles child abuse and neglect: the Division of Child Protection and Permanency (CP&P) must investigate all reports of child abuse and neglect, and if it determines a child is in danger, CP&P files a complaint against the parent(s) or caregiver(s) with the family court; parents in these cases have a right to an attorney and may qualify for a public defender if they cannot afford one [S7]. Adoption matters begin at the county Surrogate's Office, and kinship legal guardianship lets a relative or other adult raise a child without terminating the parents' rights — parents can still seek visitation and remain financially responsible [S7].

How a family case starts (NJ-specific). A divorce case starts with a complaint — the document that "starts your case and tells the court what you're asking for" — plus a summons that officially notifies the other person, a Certification of Verification and Non-Collusion, and other required paperwork including the Confidential Litigant Information Sheet (CN 10486), a certification about dispute-resolution alternatives (CN 10889), and a Family Part Case Information Statement (CN 10482) when custody, support, alimony, or property division are disputed [S2]. The person filing is the plaintiff; the other person is the defendant, and you must be 18 to file [S2]. The case is filed in the county where you last lived together, or, if neither party lives in New Jersey anymore, in the county where the other person lives — per Court Rule R. 5:7-1 [S2]. Documents can be filed electronically through the Judiciary Electronic Document Submission (JEDS) system, in person at the county Family Division, or by mail [S2]. The other party must be served — given the summons and complaint — within 60 days of filing, with proof of service to the court [S2]. A divorce complaint must state at least one legal ground: no-fault (irreconcilable differences), which requires that you or your spouse have lived in New Jersey for 12 consecutive months before filing and that the differences have lasted at least 6 months; separation, which requires living apart for at least 18 months; extreme cruelty, which requires proof of specific behavior under N.J.S.A. 2A:34-2 as the Judiciary's own page states; or other grounds such as adultery, institutionalization, or long-term incarceration [S2].

Fees and fee waivers (NJ-specific; verified 2026-08-20). As of the date checked, the plaintiff's divorce complaint fee is $300, the defendant's filing fee is $175, and each party pays an additional $25 parenting workshop fee if either party requests custody or parenting time [S2]. Because fees change, these amounts should be re-checked before filing [S2]. A person who cannot afford the fee may qualify for a fee waiver: the court can waive filing and copy fees for litigants whose income is at or below 150 percent of the current poverty level (based on household size) and who have no more than $2,500 in liquid assets such as cash or bank accounts [S5]. Under Court Rule 1:5-6, the court clerk cannot file a case unless the required fee is included, so a fee-waiver request should be filed at the same time as the case [S5]. If the person wins more than $2,000 in the case, they are required to pay back the filing fee [S5]. Registering an out-of-state custody or visitation order with the New Jersey courts carries a $35 filing fee and is done through JEDS [S3].

What happens in family court (NJ-specific). Not every family issue requires a hearing [S6]. In non-dissolution cases, all cases are screened to see whether they fit a "consent conference": a trained court professional helps the parties discuss custody, visitation, paternity, or child support and try to reach agreement; if the parties agree, court staff write up a consent order listing the agreed issues, both parties sign it, and a judge reviews and signs it — once the judge signs, the order is binding and enforceable [S6]. Issues not resolved at the consent conference can go to further mediation, to a court hearing, or the judge can dismiss them [S6]. In divorce cases, the court offers "Complementary Dispute Resolution" alternatives to a trial: custody and parenting time mediation, which the court may require for child-related issues; an Early Settlement Panel, where experienced divorce attorneys review the case and suggest a fair settlement; economic mediation for financial issues; and arbitration, where a private arbitrator decides the outcome [S2]. The Judiciary also maintains court programs and staff to support these processes, including the Child Support Hearing Officer Program, Matrimonial Early Settlement Coordinators, Parenting Coordinators, Economic Mediators for Matrimonial Cases, and Supervised Visitation Coordinators [S1]. If the parties cannot agree, a judge hears the case and decides [S6]. Court staff can explain procedures, provide sample forms, and answer questions about deadlines, but they cannot give legal advice, predict how a judge will decide, or talk to the judge for you [S2].

Domestic violence restraining orders (NJ-specific; handled carefully). This is a serious topic, and the official page stresses that domestic violence matters are serious — if you are unsure about any aspect of a restraining order, you should call the police or contact the family court [S4]. The Judiciary implements the Prevention of Domestic Violence Act through its Domestic Violence Procedures Manual, and publishes annual reports on the Domestic Violence Act [S1]. A victim of domestic violence can apply for a restraining order against a spouse or former spouse, a present or former household member, someone with whom they have a child or are expecting a child, or someone with whom they have had a dating relationship [S4]. The process has two steps [S4]. Step 1 is a Temporary Restraining Order (TRO): during business hours (weekdays 8:30 a.m. – 4:30 p.m.), a person applies in person at the county courthouse's Domestic Violence Unit or by phone; if the courts are closed, the person goes to the local police department, which contacts a judge [S4]. A staff person helps fill out the application, then a hearing officer or judge listens to the applicant (the other party is not present) and decides whether to grant the TRO [S4]. If granted, a final hearing is scheduled within ten days, and the other party can ask for an earlier date [S4]. Step 2 is the Final Restraining Order (FRO) hearing, where both parties appear and the judge hears both sides [S4]. The court does not provide lawyers in these cases, but a person may hire one or contact the Lawyer Referral Service or Legal Services of New Jersey; a domestic violence advocate is also available to help with the process and safety planning [S4]. An FRO in New Jersey is permanent — it continues forever unless changed by the court — and in addition to protection it can address custody, child support, parenting time, and other issues; an FRO also requires fingerprinting and can include a fine and loss of weapons [S4]. Violating a restraining order has consequences: contact-restraint violations are reported to the police, who arrest the defendant and file a criminal charge, while violations of the financial and parenting parts are handled by filing for relief in the family court [S4]. The victim can ask the judge to dismiss the order, but dismissal removes the legal protection and the protection cannot be renewed without a new act of domestic violence [S4]. Anyone in fear of intimate partner violence can call the New Jersey domestic violence hotline at 1-800-572-7233 [S4].

Where to find help (NJ-specific). The official starting point is the Judiciary's self-help center, which the Family Practice Division directs people to for forms and information to represent themselves in a family court matter [S1]. The court strongly recommends speaking with a lawyer before filing or responding to a divorce complaint; if you cannot afford one, the official divorce page says Legal Services of New Jersey (LSNJ) offers free legal help to low-income residents through regional offices, and the New Jersey State Bar Association provides lawyer referral services by county [S2]. LSNJ also offers a free divorce guide and sells a complete divorce kit (forms plus instructions) for $25, according to the same official page [S2]. LSNJ's own website (verified 2026-08-20) confirms the organization's name but its homepage is script-rendered, so its services could not be verified directly from lsnj.org within this topic's research budget; the descriptions above come from the official njcourts.gov page, not from LSNJ's site [S8][S2]. The DV self-help page similarly points people who want a lawyer to the Lawyer Referral Service or Legal Services of New Jersey [S4].

ELI-10: Explain It Like I'm 10

[HYPOTHETICAL — NOT A REAL CASE] Imagine your parents both help run the weekend juice stand in the park, and they both love the family dog, Biscuit. One day they decide they want to live in different houses. They agree on most things, but they cannot agree on who gets Biscuit, and they cannot agree about the juice-stand money. So they take the problem to the "family helper office." First, a helper sits down with both of them in a quiet room and talks it through. Mom says she wants Biscuit on weekdays; Dad says weekends. They talk it out and finally agree on a schedule, and the helper writes the agreement down on a piece of paper. Both parents sign it. Then the office's boss — the person in charge — reads it, signs it too, and now the agreement is official and both parents have to follow it. But if they had not been able to agree, the boss would have listened to both sides and made the decision herself. And here is the important safety part: if one parent was ever hurting or threatening the other, the office would not wait for the slow talking-it-out process at all. It would act fast — that same day, if needed — with an emergency order telling the scary parent to stay away, and that order stays in place until a judge changes it, even if the scary parent keeps arguing. When kids are involved, the emergency order can even say where the kids stay while things are sorted out.

Now let's translate that story back to the real rule: the family helper office is the Family Division of the New Jersey Superior Court [S1]. The helper's talk-it-out meeting is the consent conference or mediation, where a trained court professional helps the parties reach agreement [S6][S2]. The boss who signs the agreement and makes it binding is the judge — a judge must review and sign a consent order before it is enforceable, and a judge decides when the parties cannot agree [S6]. And the emergency order is the temporary restraining order followed by the final restraining order, which is permanent in New Jersey unless the court changes it and can include custody, child support, and parenting time [S4].

Real Case Reference (if applicable)

No published judicial decision is cited in this file, and none is needed: this topic describes the Family Division's procedures as the New Jersey Judiciary itself publishes them, not the holding of any litigated dispute. Where a governing rule matters, it is cited above — for example, the domestic violence restraining order process is governed by the Prevention of Domestic Violence Act, which the Judiciary implements through its Domestic Violence Procedures Manual as the Family Practice Division page states [S1], and the steps described here come from the Judiciary's official domestic violence self-help page [S4]. Likewise, the divorce filing requirements cite Court Rule R. 5:7-1 (venue) and the fee-waiver process cites Court Rule 1:5-6, both as stated on the official pages [S2][S5].

Key Takeaways

• New Jersey's family court is the Family Division of the Superior Court, and its cases cover divorce (dissolution), custody and parenting time, child support, child abuse/neglect, adoption, kinship legal guardianship, and domestic violence — each identified by a docket type [S1][S2][S3][S7].
• A divorce case starts with a complaint and summons filed in the county where the parties last lived together (R. 5:7-1), with service on the other party within 60 days [S2].
• As verified on 2026-08-20, the plaintiff's divorce complaint fee is $300 and the defendant's filing fee is $175, plus a $25 parenting workshop fee if custody or parenting time is requested; fee waivers are available to low-income litigants (income at or below 150% of the poverty level and no more than $2,500 in liquid assets) [S2][S5].
• Not every family issue goes to a hearing: trained court professionals run consent conferences, and unresolved issues can go to mediation, an Early Settlement Panel, economic mediation, or arbitration before a judge decides [S6][S2].
• A domestic violence restraining order starts with a same-day temporary order and ends with a final restraining order that is permanent in New Jersey unless changed by the court; violations of contact restraints are crimes reported to the police [S4].
• Free help exists: the Judiciary's self-help center provides forms and guidance, LSNJ offers free legal help to low-income residents through regional offices (per the official divorce page), and the domestic violence hotline is 1-800-572-7233 [S1][S2][S4].

Sources

• [S1] New Jersey Courts, "Family Practice Division," https://www.njcourts.gov/courts/family (verified 2026-08-20).
• [S2] New Jersey Courts, "Divorce (Self-Help)," https://www.njcourts.gov/self-help/divorce (verified 2026-08-20).
• [S3] New Jersey Courts, "Child Support and Custody (Self-Help)," https://www.njcourts.gov/self-help/child-support-custody (verified 2026-08-20).
• [S4] New Jersey Courts, "Domestic Violence (Self-Help)," https://www.njcourts.gov/self-help/domestic-violence (verified 2026-08-20).
• [S5] New Jersey Courts, "Fee Waiver (Self-Help)," https://www.njcourts.gov/self-help/fee-waiver (verified 2026-08-20).
• [S6] New Jersey Courts, "Child Support and Custody: Consent Conference (Self-Help)," https://www.njcourts.gov/self-help/child-support-custody/conference (verified 2026-08-20).
• [S7] New Jersey Courts, "Family Courts: Child Abuse, Kinship, and Adoption (Self-Help)," https://www.njcourts.gov/self-help/family (verified 2026-08-20).
• [S8] Legal Services of New Jersey (LSNJ), https://www.lsnj.org/ (verified 2026-08-20).

Not Legal Advice

Not legal advice. This material is general public legal education about New Jersey law and procedure. It is not legal advice, does not create an attorney-client relationship, and may not reflect the most current law. Consult a licensed New Jersey attorney about your specific situation.