New Jersey Divorce Information
and FAQ
New Jersey law allows for no fault divorces based upon the parties
having lived separate and apart without cohabitation for an uninterrupted
period of eighteen (18) months. The general grounds upon which a divorce
may be obtained are:
1. Adultery 2. Willful and continued desertion for one year 3. Extreme
cruelty 4. Drug/alcohol addiction 5. Institutionalization for mental
illness for 2 or more years 6. Imprisonment for 18 months or more 7.
Deviant sexual behavior NJSA 2A:34.2
Residency Requirements In order to file a no-fault divorce in the State
of New Jersey, at least one of the parties to the divorce must have been a
bona fide resident of the State of New Jersey for a period of at least one
year prior to the filing of the action. NJSA 2A:34-10
Name of court and title of action/parties Divorce actions are heard in
the Superior Court, Chancery Division, Family Part. The title of the
action initiating the divorce is a Complaint for Divorce, while the title
of the action granting the divorce is referred to as a Judgment of
Divorce. The party filing the action is referred to as the Plaintiff,
while the other party is referred to as the Defendant. NJSA 2A:34-8 Where
to File- Venue The proper place to file an action for divorce shall be the
county in which the plaintiff resides at the time the cause of action
arose, or, if the plaintiff does not reside in New Jersey, then the county
in which the defendant resides at the time the cause of action arose.
If neither party was domiciled in New Jersey at the time the cause of
action arose, then the proper venue is the county where the plaintiff is
domiciled when the action is commence, or, if the plaintiff is not
domiciled in new Jersey, then the county where the defendant is domiciled
when service of process is made. NJSA 2A:34-10
Property Division New Jersey is an equitable distribution state in
which the court, if the parties have not entered into a settlement
agreement, will divide the marital property equitably between the parties,
taking into consideration many factors such as; the duration of the
marriage, the standard of living established in the marriage, etc. NJSA
2A:34-23 Alimony Alimony comes in several different forms in the State of
New Jersey. Either party may be awarded one or more of the following
types: Permanent alimony, rehabilitative alimony, limited duration alimony
or reimbursement alimony. In making an award of alimony, the court will
consider the following factors:
1. The actual need and ability of the parties to pay; 2. The duration
of the parties; 3. The age, physical and emotional health of the parties;
4. The standard of living established during the marriage and the
likelihood of the parties maintaining a comparable standard of living
after the divorce is final; 5. The length of absence from the job market
of the party seeking alimony; 6. The earning capacities, educational
levels, vocational skills, and employability of the parties; 7. The
parental responsibilities for the children; 8. The time and expense
necessary to acquire sufficient education or training to enable the party
seeking alimony to find appropriate employment; 9. The contributions to
the marriage of both parties; 10. The ordered equitable distribution of
the marital property; 11. The income available to either party through
investments; 12. The tax consequences to the parties; 13. Any other
factors the court deems relevant. NJSA 2A:34-23
Child custody The courts in New Jersey may make any such orders as to
custody of any children of the marriage as the court deems reasonable and
just after consideration of the circumstances of the parties and the
nature of the case. NJSA 2A:34-23 Child support In determining the amount
and term of any child support order, the court will consider the following
factors:
1. The needs of the child; 2. The standard of living and economic
circumstances of each parent; 3. All sources of income and assets of each
parent; 4. The earning ability of each parent; 5. The need and capacity of
the child for education; 6. The age and health of each parent and child;
7. The income, assets and earning ability of the child; 8. The
responsibility of the parent for court-ordered support of others; 9. The
reasonable debts and liabilities of each parent and child, and; 10. Any
other factors the court deems relevant and just. NJSA 2A:34-23
Name change The court, upon or after granting a divorce, may allow
either party to the marriage to resume any name used by the party prior to
the marriage. NJSA 2A:34-21
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