Bergen County Divorce isn’t just a legal process—it’s a series of decisions about your family, finances, and future. At Sammarro & Zalarick, we’ve guided countless clients through cases right here in Hackensack, and we know the local court’s rhythm: when to push, when to settle, and how to protect what matters most to you. If you’re just starting, you don’t need to memorize statutes; you need a clear, practical path. That’s what this guide gives you.
If we represented you, we’d begin by mapping your goals—your kids’ schedule, your budget, and what “life after divorce” should look like. Then we’d fit the legal steps around those goals so the process serves you, not the other way around. That single shift in approach keeps cases focused, efficient, and calmer.
Bergen County Divorce: Where You File and Why It Matters
If you live in Bergen County (or your case otherwise belongs here), your matter is handled in the Superior Court of New Jersey, Family Division at the Bergen County Justice Center in Hackensack. Knowing the venue isn’t trivia; it dictates scheduling practices and settlement programs you’ll actually see.
New Jersey also has residency rules. In most cases, at least one spouse must be a bona fide New Jersey resident for one year before filing. There’s a key exception for adultery, where the one‑year requirement does not apply. These rules live in N.J.S.A. 2A:34‑10 and control whether the court can take your case.
Step 1: Choose Your Grounds—No‑Fault vs. Fault
Today, most clients use no‑fault “irreconcilable differences” because it avoids proving bad behavior and usually lowers the temperature. New Jersey still recognizes fault grounds (adultery, desertion, extreme cruelty, and others), which can be relevant in limited circumstances. The list of grounds is in N.J.S.A. 2A:34‑2 and the Judiciary’s divorce overview. We’ll help you decide which ground serves your strategy without inflaming the case.
Step 2: Filing the Case—Paperwork That Sets the Tone
We file a Complaint for Divorce with the Family Division and start your case. Many filings can be submitted online through the court’s Judiciary Electronic Document Submission (JEDS) portal. Filing is procedural, but it sets the tone: a simple, focused complaint can keep the case on a settlement track; a scorched‑earth filing can do the opposite.
Shortly after filing, the court issues track deadlines and your first case management dates. We typically use that window to begin gathering financials so we’re not scrambling when disclosures are due.
Step 3: Serving Your Spouse and Getting the Case Moving
New Jersey requires proper service of process before the court can act. If your spouse agrees, we can often arrange an acknowledgment of service to save time and money. If not, we use a process server. Once served, your spouse has a set period to answer or appear; if they don’t, we discuss default procedures. The Judiciary’s divorce self‑help pages outline these early steps in plain language, and we’ll translate them into a plan specific to your situation.
Step 4: The Case Information Statement (CIS)—Your Financial Snapshot
Every New Jersey divorce with financial issues requires a Case Information Statement (CIS)—your sworn budget, income, assets, debts, and supporting documents. The court updated the CIS form in September 2025; we use the latest version and build your CIS around the numbers that matter to judges: earnings, actual living costs, debt service, and children’s expenses. The CIS is required by Court Rule 5:5‑2 and has official instructions to keep it consistent across cases. We’ll walk you line by line so it’s accurate and persuasive.
A well‑prepared CIS saves you money later. It anchors temporary support requests, settlement proposals, and trial arguments. If your circumstances change (new housing, new job), we amend it promptly so the court always sees a current picture.
Step 5: Temporary (“Pendente Lite”) Relief—Keeping Life Stable During the Case
While the case is pending, we can ask the court for temporary orders on child support, parenting time, possession of the home, payment of household bills, and interim counsel fees. Temporary orders aren’t the final say; they are bridges that stabilize your life so the case can progress on the merits. The court’s self‑help resources explain these requests and the forms that support them, and we tailor your motion to the facts that matter most to Bergen judges.
Step 6: Custody & Parenting Time—How Judges Decide, and How We Prepare
New Jersey uses the “best interests of the child” standard. The statute lists concrete factors—like each parent’s ability to communicate and cooperate, the child’s needs, the stability of each home, and the child’s relationship with each parent—that guide custody and parenting‑time decisions. That list is in N.J.S.A. 9:2‑4. We don’t argue at 30,000 feet; we build evidence factor‑by‑factor.
Bergen County matters with genuine custody disputes are commonly referred to Parenting Mediation—a court‑connected process that helps parents design workable schedules. Where safety is an issue (e.g., active restraining orders), mediation is not used. Many families also encounter the court’s Parents’ Education Program, designed by statute to help parents understand the legal process and co‑parenting issues during and after divorce. We prepare clients for each of these steps so the first draft of your parenting plan already looks like something the court can approve.
If day‑to‑day co‑parenting becomes a sticking point later, Bergen sometimes uses parenting coordinators to help implement parenting plans and reduce conflict. We’ll discuss whether that tool makes sense in your case.
Step 7: Child Support—What the Numbers Really Mean
In most cases, Child Support is calculated under the New Jersey Child Support Guidelines (Appendix IX‑A and IX‑B to the Court Rules). The guidelines consider each parent’s income, the number of overnights, health insurance, childcare, and certain predictable expenses. In higher‑income cases or unusual situations, courts can deviate with findings. We run multiple scenarios—sole vs. shared schedules, with and without childcare—so you understand the likely range before we negotiate.
Step 8: Alimony—Fourteen Factors, Applied to Real Lives
New Jersey’s alimony statute (N.J.S.A. 2A:34‑23) lists the factors judges must weigh: need and ability to pay, duration of the marriage, age and health, income and employability, parental responsibilities, and more. Post‑reform, alimony generally aligns with the length of the marriage and can end at full retirement age absent good cause. We don’t guess at numbers; we model budgets from your CIS and support them with paystubs, tax returns, and where appropriate, employability or medical evidence.
Step 9: Discovery & Experts—Getting the Facts That Drive Settlement
When spouses disagree about income, assets, or values, we use discovery: document requests, interrogatories, appraisals, and (when needed) depositions or expert reports. The process is governed by the Family Part discovery rule (R. 5:5‑1), adapted to the realities of family cases. In Bergen, typical experts include business valuators, real‑estate appraisers, pension evaluators, and, in custody matters, forensic mental‑health professionals. The goal isn’t “paper for paper’s sake”; it’s to gather the minimum evidence needed to settle from a position of strength—or, if necessary, to win at trial.
Step 10: Settlement Path in Bergen County—ESP and Economic Mediation
If money issues remain after early negotiations, your case will be scheduled for the Early Settlement Panel (ESP). Two seasoned family lawyers volunteer to evaluate the case and give a confidential, non‑binding recommendation. It’s a reality check everyone should take seriously.
If you still can’t resolve everything, the court will usually refer you to Economic Mediation. Here’s a practical tip: the first two hours (including the mediator’s prep) are free under the Judiciary’s program. That’s a real incentive to arrive prepared, with updated CIS documents and reasonable proposals. Many Bergen County cases settle at, or right after, these sessions.
Step 11: Intensive Settlement Conference and, If Needed, Trial
If issues remain, the court may schedule an Intensive Settlement Conference with your judge. It’s a focused, all‑day effort to hammer out a deal. If that still doesn’t resolve the case, you go to a bench trial (no jury). We present evidence on custody, support, alimony, and equitable distribution; the judge issues findings and a decision. Even on the morning of trial, cases frequently settle—judges encourage it for good reason.
The Judiciary’s public materials outline how contested and uncontested divorces move through ESP, mediation, discovery, and trial, and we translate those steps into clear milestones and to‑do lists so you always know what’s next.
Step 12: Final Judgment of Divorce—What It Includes and What Happens Next
Your Final Judgment of Divorce (FJD) either attaches your Marital Settlement Agreement or reflects the court’s trial decision. If you later need a certified copy for name changes, benefits, or plan administrators, you can request it through the court. We’ll also flag any retirement accounts that require a QDRO (Qualified Domestic Relations Order) to divide 401(k)s or pensions; QDROs are separate orders governed by federal law and plan rules, and they must be done correctly to avoid costly mistakes.
After judgment, you can still seek post‑judgment changes if circumstances materially change—think parenting schedules, child support, or alimony adjustments. The Judiciary’s self‑help page explains how these motions work; our job is to bring the right evidence to show the change is real, not temporary.
Timelines: How Long Does a Bergen County Divorce Take?
Some cases resolve in a few months; others need more time. What drives timelines?
- Co‑parenting alignment. When parents settle on a parenting plan early, everything else moves faster.
- Financial complexity. Businesses, multiple properties, or disputed income often require experts and extend discovery.
- Litigation posture. ESP and economic mediation exist to shorten cases; arriving prepared is the single best way to save time and fees.
Property Division: The NJ “Equitable Distribution” Approach
New Jersey doesn’t split everything 50/50 by default. Judges apply equitable distribution—a fair division considering the marital versus separate nature of assets, contributions, and the alimony factors that overlap with equitable distribution. Your home equity, retirement accounts, stock options/RSUs, and debts all fit into this analysis. When retirement accounts are involved, QDROs make the division enforceable with plan administrators—never assume a line in the divorce judgment alone will move the money. The U.S. Department of Labor’s guide explains why the QDRO step is essential.
What We’ve Learned Handling Bergen County Divorce Cases
- Preparation wins. The tightest CIS, the cleanest exhibits, and the most practical parenting plan usually carry the day at ESP and mediation.
- Local practice matters. Bergen’s Family Division has well‑oiled settlement programs; using them well can save months.
- Judges value credibility. Reasonable requests, supported by documents and statutory factors, build trust and results—especially on custody (N.J.S.A. 9:2‑4) and alimony (N.J.S.A. 2A:34‑23).
Divorce Process in Bergen County
Frequently Asked Questions
Do I have to go to the courthouse in person?
Many events are still in person, especially settlement conferences and trials. We’ll tell you what to expect for each appearance in Hackensack and whether anything can be handled virtually.
Will I have to mediate?
If there are money issues, expect ESP and then economic mediation (with the first two hours free). For parenting disputes, courts commonly use Parenting Mediation unless there is a domestic violence order.
Can the court make me take a class because we have kids?
Yes. Many parents attend the court‑connected Parents’ Education Program under New Jersey’s Parents’ Education Act. It’s designed to help you co‑parent effectively during and after the case.
What if there’s a pension or 401(k)?
You’ll likely need a QDRO to divide it. We draft and coordinate QDROs so the plan actually pays as intended under ERISA and plan rules.
Final Word—from Your Bergen County Divorce Team
A successful divorce isn’t about winning every point. It’s about protecting your children, stabilizing your finances, and moving on with your life. In Bergen County, that means presenting a clean CIS, negotiating hard at ESP and economic mediation, and—when needed—trying a focused case that respects the court’s time and the facts.
If you’re ready to start, Sammarro & Zalarick will meet you where you are—whether you need a steady hand to settle quickly or a strategic plan for a complex, high‑conflict matter. Let’s make a plan that fits your life today and the future you want tomorrow.
NOTE: This article is for general information only and is not legal advice. Every case is different. If you have questions about your situation, contact us for a confidential consultation.