New Jersey divorce laws are aimed at providing a fair and balanced solution to the failure of marriage in a manner that protects the rights and interests of both parties. Divorce cases in New Jersey are determined by statutes of the state and case law, which clearly outline the method, conditions, and factors when terminating a marriage. The following is a brief overview of divorce laws in New Jersey: divorce in new jersey laws
Grounds for Divorce: New Jersey offers both "no-fault" and "fault" grounds for divorce. No-fault divorce is premised on irreconcilable differences or separation, when the spouses have lived separately for at least 18 consecutive months with no prospect of reconciliation. Fault-based reasons include adultery, wilful and cruel treatment, abandonment, addiction, imprisonment, and institutionalization.
Residency Requirements: To file for divorce in New Jersey, at least one spouse must have been a resident of the state for one year before filing. If the reason for divorce took place outside of New Jersey, at least one spouse must be a resident at the time of filing.
Legal Separation: New Jersey does not have a formal legal separation process; however, a couple can simply live apart without filing for divorce. That being said, legal separation agreements can be prepared, discussing things such as child custody, support, and property division during this period of separation.
Property Division: New Jersey operates under the principle of equitable distribution in dividing marital property. This simply means that all property and debts acquired by the couple during the marriage are divided fairly but not necessarily equally. Factors such as the length of the marriage, the respective financial contribution of each spouse, and their future earning ability all have to be taken into account in property division.
Alimony (Spousal Support): Alimony may be awarded to either spouse based on factors that include the length of time the parties were married, the income and earning capacity of each spouse, age, health, and standard of living established during the course of the marriage. Types of alimony that may be awarded by the court include rehabilitative, limited duration, or permanent alimony.
Child Custody and Support: In divorce with children, the court is guided by the principle of considering what is in the best interest of the child when determining custody and visitation arrangements. The following are considered: the fitness of the parents, the relationship between the child and each parent, and the preference of the child—if the child is sufficiently mature.
Child support shall be calculated by the court by using guidelines taking into consideration the incomes of the parents and the needs of the child.
Mediation and Alternative Dispute Resolution: New Jersey seeks to promote mediation and alternative dispute resolution to resolve the issues amicably out of court. Mediation affords the couple an opportunity to negotiate between themselves an agreement about property division, spousal support, and child custody issues with the help of a neutral third party.
Divorce Decree: Once the court has entered a final judgment of divorce, the marriage is dissolved, and both parties are free to marry again. The divorce decree stipulates the divorce terms, including all agreements reached on property division, spousal support, child custody, and support.
In sum, New Jersey divorce laws provide for a fair and effective method to resolve marital dissolution considering the rights and needs of both spouses and, if applicable, their children. A family law attorney may assist in providing guidance throughout the process.
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