New Jersey Divorce Laws

Divorce is a complicated legal process that can become confusing, this aims to provide simple explanations to common divorce questions.

New Jersey has two grounds for divorce: fault and no fault. Fault includes nine sub categories as follows; adultery, extreme cruelty, habitual drunkenness, separation, drug addiction, institutionalization, imprisonment, desertion, and deviant sexual conduct. No fault simply means that the couple has been living separate for eighteen months.

Custody is often the most important consideration in a divorce. In New Jersey if a custody arrangement can not be determined by the parties then it is determined by the "best interest of the children." In the event that this becomes an issue a neutral third party is brought in to asses the living situations and makes their recommendation to the judge. With custody comes the question of child support, in New Jersey child support is stopped upon the "emancipation" of the child, or when they are expected to be self supporting. Most emancipations are considered to be graduation from secondary education, enlistment into the armed forces, graduation from post secondary school or graduate school, or at any other time that the courts believe the child is able to support themselves.

New Jersey also holds to the equitable distribution of anything acquired throughout the time of the marriage. This theory is based upon the idea of every marriage being an equal partnership regardless of which party technically acquired the assets through income. There are exceptions to what is considered eligible for distribution, they include property that was acquired before the marriage and maintained by non marital assets, gifts, and bequests from third parties. Again if parties can not agree on the distribution a court will deem what is equitable.

While divorce can often be a long and difficult process New Jersey has a Matrimonial Settlement Panel which is a prompt avenue to obtaining a divorce. A panel of family law attorney acts a panel that attempts to resolve all issues involved in the dissolution of the marriage before it gets to the point of a trial. Assuming the recommendations are accepted by both parties they can immediately see a judge and obtain the divorce that day.

While New Jersey does allow for self representation, when it comes to a divorce it is important to consider all of the complication and rights you may forfeit if you represent yourself, so it is recommended that an attorney is consulted before making any proceedings.