Divorce Guide

Divorce Guide

New Jersey Divorce Court

Divorce is the final extinction of marriage. Getting a divorce is a stressful process. If you want to file for a divorce in New Jersey divorce court, residency requirements must be fulfilled for the court to accept the case.

Residency Requirements

To file for a divorce in New Jersey divorce court, either party needs to be a resident of the state for a period of a least one year before filing the complaint. It is possible that divorce can be filed in the county where either spouse resides.

Legal Grounds for Divorce

New Jersey divorce court will grant the divorce on the following grounds:

  • Adultery
  • Neglect for more than one year
  • Extreme cruelty
  • Living separate and apart for at least 18 months
  • Addiction or habitual drunkenness for more than 12 months before filing complaint.
  • Imprisonment for mental illness for a period of 24 months during the marriage and before filing the complaint.
  • Imprisonment of the defendant for 18 or more months after the marriage.
  • Abnormal sexual conduct

Property Distribution

New Jersey is an equitable division state, meaning that the marital estate will be distributed fairly. Equitable division of property is based on the following factors:

  • Duration of the marriage
  • The age and physical and emotional health of the parties
  • Income or property that the couple brought after marriage
  • The standard of living established during the marriage
  • In case any written contract made by the spouses before or during the marriage related to the arrangement of property distribution
  • The economic conditions of each party at the time the division of property becomes effective.
  • Income and earning capacity of each party thinking all related factors about child custody.
  • Role of each party to the gaining, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker.
  • The tax costs of the proposed distribution to each party
  • Present value of the property
  • Debts and liabilities of the parties
  • Any other factors which the court may deem relevant

Child Custody

Custody can be granted based on the best interests of the child. Awarding the custody, New Jersey divorce court shall consider the following factors.

  • Parents' ability to communicate and co-operate in matters relating to the child.
  • The parents' wishes to accept custody
  • Relationship of the child with its parents and siblings
  • The history of domestic violence
  • A mature first choice of the child
  • The needs of the child
  • The fitness of the parents
  • The geographical proximity of the parents' homes
  • Quality of the time spent with the child before or following the separation

New Jersey divorce court applies the Income Shares system for deciding child support. It means that the level of support will be based on the income of both the parents.

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