New Jersey divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce in New Jersey, it is important that you know some of the state divorce laws and regulations in the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a New Jersey divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
In order to file a Complaint for Divorce in a New Jersey Superior Court, the petitioner must be a resident of the state for at least 1 year.
New Jersey Grounds for Divorce
New Jersey allows Complaints for Divorce to be granted on no-fault or fault-based grounds.
Uncontested Divorce in New Jersey
While there is no summary divorce process in New Jersey, an uncontested divorce can expedite the process as long as it meets the following requirements:
- A 1-year residency requirement, unless one party is seeking alimony
- Both parties agree on custody and child support
- Both parties agree on property division and distribution
Contested Divorce in New Jersey
A contested divorce takes much longer, as the parties file claims and counterclaims according to specific time lines. It is important for the parties to retain skilled divorce attorneys to represent them during this process.
Annulment in New Jersey
An annulment is the legal process of declaring an illegal marriage null and void. It is more difficult than a divorce, and as such, rare. The grounds for an annulment include:
- Addiction to drugs or alcohol
- Bigamy or polygamy
- Fraud or duress
- Physical disability which affects the marriage relationship
No Fault Divorce in New Jersey
The only grounds for a no-fault divorce in New Jersey are living separate and apart for 18 months or more with no reasonable hope for reconciliation.
New Jersey Fault Divorce
In order to file a fault-based divorce in New Jersey, one of the following grounds for divorce must be proven:
- Adultery
- Wilful and intentional desertion for 1 year or more
- Extreme cruelty
- Deviant sexual behaviour
- Addiction
- Institutionalization
- Imprisonment for 18 consecutive months or more
New Jersey Divorce and Child Custody
Child Custody Laws
Child custody orders in New Jersey are generally based on the best interests of the child. The authorities would prefer the parents to agree on custody arrangements, but if that does not occur, the court’s orders generally consider the following factors:
- The child’s emotional, physical, religious, and practical needs
- The child’s wishes, depending on their age and maturity
Child Alimony (NJ Child Support)
New Jersey courts consider the care, maintenance, and education of a child when determining child support orders. In making such a decision, they generally consider:
- The child’s needs and liability
- The parents’ standard of living
- The parents’ resources, obligations, and needs
- The parents’ earning ability, based on education, training, skills, work experience, custodial responsibilities, childcare costs, cost and time to equip each parent to achieve appropriate employment
- The child’s need and capacity for higher education
- The age and health of all concerned
- The child’s assets, earning ability, and income
- The parents’ responsibility for the support of others
Parents in New Jersey use the Income Share Model in combination with standard Child Support Worksheets to calculate support estimates.
New Jersey Divorce Spousal Support
If the New Jersey court must make a spousal support order, they generally consider the following elements:
- The supporting party’s ability to pay
- The length of the marriage
- The parties’ health and age
- The standard of living during the marriage
- The parties’ earning capacity, skills, education, and training
- The dependent party’s length of absence from the job market
- The parties’ parental roles
- The time and cost of equipping the dependent party to become independent
- The parties’ contribution to the marital assets
- The property award
- Any assets generating income
- The consequences to both parties
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in New Jersey
Spouses in the military are protected by New Jersey law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help from a New Jersey Divorce Lawyer
New Jersey courts have an interest in preserving marriage, or in providing the best environment for all concerned parties after the breakup of a marriage. If the parties themselves cannot work out an appropriate agreement, it can become a difficult and drawn-out process to achieve one through the courts. However, a skilled and experienced divorce attorney can aid that process and provide each party with the representation and protection they deserve.