Preparing for divorce proceedings rather than going in without a plan is highly recommended. Proper planning with the help of a Moskowitz Law Group attorney can reduce conflict, save money, and give you a sense of control over a stressful transition.

Are you going to file for divorce in 2026? If you want to ensure your legal rights are protected, minimize disruption to your children, and prevent devastating financial surprises, you have come to the right place. Here are five things to know before taking the first step.

1. Make Sure You Understand New Jersey’s Residency Requirements

To file for divorce in New Jersey, either you or your spouse must have been a resident of the State for at least 12 consecutive months right before filing. The only exception to this year-long rule is if your reason for divorce is based on adultery. Consult with one of our attorneys if you have any reason to doubt whether you meet these residency requirements.

2. Decide if You Have No-Fault or Fault-Based Grounds

The vast majority of New Jersey divorces proceed as no-fault divorces. You can file on grounds of irreconcilable differences when the breakdown of the marriage has lasted at least six months and there is no prospect of reconciliation. You can also file based on grounds of separation if you have been separated for at least 18 months. The intention of no-fault divorce is to focus on the substance of the divorce rather than having to spend time, money, and stress on proving who is at fault for the divorce. Fault-based grounds in New Jersey include adultery, extreme cruelty, addiction, imprisonment, and willful desertion. There are very limited circumstances where it makes sense to file for divorce on fault-based grounds. Consult with one of our attorneys to determine whether no-fault or fault-based grounds are appropriate in your case.

3. Gather Financial Documents Before Taking the First Step

Prior to taking any legal action, organize all of your financial records to avoid scrambling to find these essential records in a crunch. You will need to disclose all relevant financial information in a document called a Case Information Statement that is tedious to complete, even with your lawyer’s assistance. You will also be required to produce extensive documents to prove your financial circumstances. Be sure to gather:

• At least three (3) years of tax returns.
• Bank, investment, and retirement account statements.
• Mortgage documents and property deeds.
• Credit card bills and statements for all loans and other debt.
• Any other financial documents you think may be important

4. Review New Jersey’s Equitable Distribution Laws

New Jersey law requires fair and equitable, rather than equal, division of marital assets. This means that our State’s equitable distribution laws require asset to be divided fairly, but not necessarily equally. It is important to know which of your assets are considered marital property and which are separate, so you can protect what belongs to you and determine whether it may be unfair to equally divide certain assets. One of our attorneys can help you determine what would be fair to pursue.

5. Familiarize Yourself with State Alimony, Child Custody, and Child Support Standards

Child custody is decided with the child’s best interests as a priority. Child support is by default calculated according to a formula called the Child Support Guidelines, except in certain circumstances where the Guidelines do not apply. However, alimony is not determined by a strict formula, but rather by examining various statutory factors such as the length of your marriage, income, earning capabilities, and the financial needs of both spouses. One of our attorneys can educate you further on these standards.

Let Us Help You Prepare to Divorce in 2026

While this guide includes the top five things to know before taking your first steps, there are many more factors to consider before filing for divorce. Reach out to Moskowitz Law Group for guidance you can trust and schedule time to meet with us.

Our strong reputation for helping clients prepare for divorce makes a highly stressful life event much easier to manage. Check out our reviews to see how our former clients praise us for our thoroughness in explaining the legal process, prompt communication, and ability to tailor strategies to your individual needs.