Divorce is a life-changing event that can be both emotionally and financially challenging. If you are considering divorce in New Jersey, it is important to understand the legal process and the laws that govern divorce in the state.
In this article, we will discuss the top 10 facts about divorce in New Jersey.
1. Residency Requirements
To file for divorce in New Jersey, at least one spouse must have lived in the state for at least 12 consecutive months before filing the complaint. If the reason for the divorce occurred in New Jersey, residency requirements do not apply.
2. Grounds for Divorce
Fault and no-fault grounds for divorce recognized by New Jersey. No-fault grounds for divorce include irreconcilable differences, separation, and living apart for at least 18 consecutive months. Fault grounds for divorce include adultery, desertion, extreme cruelty, addiction, and imprisonment.
3. Division of Property
Since New Jersey is an equitable distribution state, the division of marital property between spouses is fair but not necessarily equal. Marital property includes all property acquired by either spouse during the marriage, with the exception of gifts and inheritances.
In New Jersey, a court may award alimony to a spouse who is financially dependent on the other spouse. The amount and duration of alimony are determined based on a number of factors, including the length of the marriage, the standard of living during the marriage, and the financial needs of each spouse.
5. Child Custody
In New Jersey, the child’s best interests are the primary consideration in determining child custody. Custody may be joint or sole and may be based on factors such as the relationship between the child and each parent, the child’s preferences, and the ability of each parent is responsible for meeting the child’s emotional and physical requirements.
6. Child Support
Both parents are responsible for financially supporting their children in New Jersey. Child support is based on a formula that takes into account the income of both parents, the number of children, and other factors.
Mediation is a form of alternative dispute resolution that can be used to resolve divorce-related issues such as property division, alimony, and child custody. Mediation is a voluntary process in which a neutral third party helps the spouses reach a mutually agreeable resolution.
8. Collaborative Divorce
Collaborative divorce is another alternative dispute resolution in which the spouses and their attorneys work together to reach a settlement without going to court. Collaborative divorce can be less expensive and less adversarial than traditional litigation.
9. Domestic Violence
Domestic violence is a serious issue that can arise in the context of a divorce. New Jersey has laws to protect victims of domestic violence, including restraining orders and criminal penalties for perpetrators of domestic violence.
10. Legal Representation
If you are considering divorce in New Jersey, it is important to seek the advice of an experienced family law attorney. A qualified attorney can help you understand your legal rights and obligations, negotiate a settlement, and represent you in court if necessary.
Divorce is a complex legal process that can be emotionally and financially challenging. Suppose you are considering divorce in New Jersey. In that case, it is important to understand the laws that govern divorce in the state and to seek the advice of an experienced family law attorney.
From residency requirements to child custody, and alimony to domestic violence, understanding the top 10 facts about divorce in New Jersey can help you navigate the divorce process with confidence and clarity. With the right legal representation and a thorough understanding of the law, you can move forward into a new chapter of your life.