DIVORCE LAW FORUM

     

NEW JERSEY DIVORCE LAW

RESIDENCY REQUIREMENTS AND WHERE TO FILE:

To file for divorce in New Jersey, one of the parties must be a resident of the state for at least one year prior to the filing of a complaint. The complaint for divorce must be filed in the county where either party resides. The Superior Court shall have jurisdiction of all causes of divorce, bed and board divorce, or nullity when either party is a resident of the State.

[See New Jersey Statutes 2A:34-8 and 2A:34-10]

GROUNDS FOR DIVORCE:

A divorce will be granted on the following grounds:

1)      Adultery

2)      Desertion for more than one year.

3)      Extreme cruelty.

4)      Living separate and apart for at least 18 month.

5)      Addiction or habitual drunkenness for more than 12 months preceding the filing of the complaint.

6)      Institutionalization for mental illness for a period of 24 months during the marriage and preceding the filing of the complaint.

7)      Imprisonment of the defendant for 18 or more consecutive months after marriage, provided that where the action is not commenced until after the defendant's release, the parties have not resumed cohabitation following such imprisonment.

8)      Deviant sexual conduct.

[See New Jersey Statutes 2A:34-2]

 

PROPERTY DISTRIBUTION:

New Jersey is an equitable distribution state.  This means that any property deemed to be marital property, will be distributed in an equitable, but not always monetarily equal, manner. In making an equitable distribution of property, the court shall consider, the following factors:

1)      The duration of the marriage.

2)      The age and physical and emotional health of the parties.

3)      The income or property brought to the marriage by each party.

4)      The standard of living established during the marriage.

5)      Any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution.

6)      The economic circumstances of each party at the time the division of property becomes effective.

7)      The income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage.

8)      The contribution by each party to the education, training or earning power of the other.

9)      The contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker.

10)  The tax consequences of the proposed distribution to each party.

11)  The present value of the property.

12)  The need of a parent who has physical custody of a child to own or occupy the marital residence and to use or own the household effects.

13)  The debts and liabilities of the parties.

14)  The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children.

15)  The extent to which a party deferred achieving their career goals.

16)  Any other factors which the court may deem relevant.

If property is not part of the marital estate it is considered separate property.  Separate property is real property, personal property or otherwise, legally or beneficially acquired during the marriage by either party by way of gift, devise, or intestate succession.  Separate property shall not be subject to equitable distribution, except that interspousal gifts are subject to equitable distribution.

 [See New Jersey Statutes 2A:34-23 and 2A:34-23.1]

LEGAL SEPARATION:

In New Jersey, parties may obtain a divorce from bed and board on the same grounds as a divorce from matrimony.

Where a divorce from bed and board is entered the court may make such award or awards to the parties, in addition to alimony and maintenance, to effectuate an equitable distribution of the property, both real and personal, which was legally and beneficially acquired by them or either of them during the marriage.

[See New Jersey Statutes 2A:34-3 and 2A:34-23]

MEDIATION OR COUNSELING REQUIREMENTS:

Where the custody, visitation or support of a minor child is an issue, the court may order every person who has filed an action for divorce, nullity or separate maintenance to attend (separately) the "Parents' Education Program".

[See New Jersey Statutes 2A:34-12.5]

 

ALIMONY/MAINTENANCE/SPOUSAL SUPPORT:

In any action for divorce, divorce from bed and board, or nullity of a marriage the court may award one or more of the following types of alimony: permanent alimony; rehabilitative alimony; limited duration alimony or reimbursement alimony to either party. The court shall consider, the following factors:

1)      The actual need and ability of the parties to pay.

2)      The duration of the marriage.

3)      The age, physical and emotional health of the parties.

4)      The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living.

5)      The earning capacities, educational levels, vocational skills, and employability of the parties.

6)      The length of absence from the job market of the party seeking maintenance.

7)      The parental responsibilities for the children.

8)      The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income.

9)      The history of the financial or non-financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities.

10)  The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair.

11)  The income available to either party through investment of any assets held by that party.

12)  The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment.

13)  Any other factors which the court may deem relevant.

[See New Jersey Divorce Statutes 2A:34-23]

 

SPOUSE'S NAME:

After granting a divorce to either spouse, the court may allow either spouse to resume any name used by the spouse before the marriage, or to assume any surname.

[See New Jersey Statutes 2A:34-21]

 

CHILD CUSTODY:

A court may award custody to either parent based on best interests of the child. In making an award of custody, the court shall consider the following factors.

1)      The parents' ability to agree, communicate and cooperate in matters relating to the child.

2)      The parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse.

3)      The interaction and relationship of the child with its parents and siblings.

4)      The history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent.

5)      The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision.

6)      The needs of the child.

7)      The stability of the home environment offered.

8)      The quality and continuity of the child's education.

9)      The fitness of the parents.

10)  The geographical proximity of the parents' homes.

11)  The extent and quality of the time spent with the child prior to or subsequent to the separation.

12)  The parents' employment responsibilities.

13)  The age and number of the children.

 [See New Jersey Divorce Statutes 9:2-4]

 

NEW JERSEY CHILD SUPPORT LAWS:

New Jersey is an "Income Shares" state.  Using this method of determining child support, the level of support will be based on the income of both parents combined. In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, the court in those cases not governed by court rule shall consider, the following factors:

1)      Needs of the child.

2)      Standard of living and economic circumstances of each parent.

3)      All sources of income and assets of each parent.

4)      Earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate employment.

5)      Need and capacity of the child for education, including higher education.

6)      Age and health of the child and each parent.

7)      Income, assets and earning ability of the child.

8)      Responsibility of the parents for the court-ordered support of others.

9)      Reasonable debts and liabilities of each child and parent.

10)  Any other factors the court may deem relevant.

[See New Jersey Divorce Statutes 2A:34-23]

 

PREMARITAL AGREEMENT:

Parties to a premarital agreement may contract with respect to the following:

1)      The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located.

2)      The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property.

3)      The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event.

4)      The modification or elimination of spousal support.

5)      The making of a will, trust, or other arrangement to carry out the provisions of the agreement.

6)      The ownership rights in and disposition of the death benefit from a life insurance policy.

7)      The choice of law governing the construction of the agreement.

8)      Any other matter, including their personal rights and obligations, not in violation of public policy.

Under no circumstances shall a premarital agreement adversely affect the right of a child to receive support.

[See New Jersey Divorce Statutes Title 37, Section 37:2-34]

 

 

 

 

Disclaimer

This site is not meant to provide legal representation or to be relied on in place of an attorney. We recommend that anyone serious about going forward with a Divorce or Child Custody claim seek the advice and counsel of a qualified attorney in their respective state.

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