Divorce Law in New Jersey
Are you preparing for a costly divorce in New Jersey? Does your spouse already have legal representation?
Many couples cannot resolve disagreements on their own, which means mediation or the court system becomes necessary to finalize the case.
Issues Involved in New Jersey Divorce Law
There are many issues that must be addressed before a divorce can be completed. Because these decisions can affect finances, children, and personal property, emotions often run high.
Dividing Property
Dividing marital assets and debts is one of the most difficult parts of the divorce process. In many states, including New Jersey, property acquired during the marriage is considered marital property. This includes real estate, bank accounts, retirement funds, cars, and investments.
Some states divide property equally. Others divide property equitably, which requires the judge to weigh each spouse’s contributions and financial circumstances. An equitable split may not result in a perfect 50/50 division, but it must be fair under the law.
Child Support
Both parents are legally required to support their children. Child support ensures that basic needs such as food, clothing, medical care, and housing are covered.
New Jersey uses the Income Shares method to calculate child support. This method evaluates each parent’s share of their combined income and uses that percentage to determine the support amount. Payments can be submitted online or by mail through the New Jersey Family Support Payment Center.
To enforce court-ordered support, the New Jersey Child Support Program can issue income withholding, report delinquent accounts to credit bureaus, seize assets, intercept tax refunds, and suspend driver’s licenses or passports. If support remains unpaid, the court can issue a warrant for arrest.
Alimony
Alimony, also known as spousal support, is determined based on financial need and the circumstances of the marriage. Courts in New Jersey consider many factors, including each spouse’s earning ability, health, age, education level, parental duties, property division, and financial assets.
New Jersey courts can award pendente lite alimony for support during the divorce process. Open durational alimony may be awarded after long-term marriages and usually ends when the paying spouse reaches retirement age.
Limited-duration alimony may be granted to help a spouse become self-supporting. Rehabilitative alimony pays for job training or education. Reimbursement alimony repays a spouse who contributed to the other spouse’s career or education.
Child Custody and Visitation
Custody issues are often the most emotional part of a divorce involving children. All custody decisions must be made in the best interest of the child.
New Jersey courts favor joint custody and will consider it in every case. The judge evaluates the child’s relationship with both parents, the child’s wishes, and each parent’s ability to provide a stable home. The distance between homes, work schedules, and school involvement may also be considered. A history of domestic violence or substance abuse weighs heavily in custody decisions.
Most courts in New Jersey award joint legal custody, giving both parents the right to make decisions about education, medical care, and religious upbringing. Legal custody does not determine parenting time, and joint custody does not require an equal split of physical time.
The Process of Going Through Divorce Law in New Jersey
If you are considering divorce, it is important to understand how the process works in New Jersey.
Step 1: File the Divorce Law Petition
The divorce begins when one spouse files a legal petition requesting that the marriage be dissolved. The petition must include a legal basis for divorce, proof that residency requirements are met, and any other information required by state law.
A no-fault divorce is allowed in New Jersey as long as “irreconcilable differences” are listed as the cause.
Step 2: Request Temporary Orders
Divorces can take months to complete, so temporary orders may be needed. The court can issue temporary rulings for custody, child support, spousal support, and property protection until a final judgment is entered.
Step 3: Serve Your Spouse and Wait for Their Response
The spouse who files must ensure the other spouse is properly served with the divorce papers. If the spouse accepts service, they will sign a formal acknowledgment. If not, a sheriff or process server will deliver the documents and file proof of service.
Step 4: Try To Come to an Agreement
The best outcome is an uncontested divorce, which happens when both spouses agree on all major issues. Many couples reach this agreement through discussions or mediation. This usually reduces cost and conflict.
Step 5: Go To Court
If an agreement cannot be reached, the case will go before a New Jersey judge. In New Jersey, divorce cases are heard in the Family Division of the Superior Court at the county level. A judge will review all evidence and make final decisions on unresolved issues.
Step 6: Receive the Judgement of Divorce
At the end of the case, the judge issues a final judgment of divorce. This ends the marriage and outlines the decisions on custody, property, support, and all other matters.
Work With an Experienced New Jersey Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced New Jersey divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across New Jersey state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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