Divorce Guide

Divorce Guide

NJ divorce papers

Divorce is a challenging situation for both the parties concerned irrespective of the state they reside. NJ divorce papers states the issues related to divorce procedures in the state of New Jersey. The points which states the terms and conditions of a NJ divorce are listed below. These points will help one to understand the laws and regulations about filing a divorce in the state of New Jersey.

Residency requirements for NJ divorce

The following are the residency requirements for NJ divorce:
  • One of the spouses must be a resident of New Jersey for a year before filing for divorce
  • One of the spouses should be a resident of New Jersey, if adultery is the cause for divorce and it happened in NJ.

Ground for divorce in New Jersey

The only no-fault ground for divorce in New Jersey is:

  • Both the spouses are living separate for 18 months and there are no signs reconciliation

The other grounds for divorce in New Jersey are:

  • Adultery
  • Unnatural sexual behavior before or after marriage
  • Alcoholism or drug addiction
  • Cruel and inhuman treatment
  • Separation for 2 years because of mental illness
  • Imprisonment for 18 months

Property distribution in NJ

New Jersey follows the law of equitable distribution. Separate property of a spouse acquired before the marriage is retained by that spouse. All the other property (gifts and inheritance excluded) is divided equally, based on the following factors:

  • Value of the marital property of each spouse
  • Value of the separate property of the spouses
  • Duration of the marriage
  • Amount and sources of income of the spouses
  • Liabilities and needs of each spouse
  • Income and earning capacity of the spouses etc

NJ alimony and spousal support

NJ divorce papers states that either spouse may have to pay alimony, irrespective of the marital fault, based on the following factors:

  1. Duration of the marriage
  2. Standard of living during the marriage and possibility that this standard will be maintained after the divorce
  3. The earning capacities, education and employability of the spouses
  4. Child custodial responsibilities of the spouse
  5. The opportunity for the future acquisition of capital and income etc

    Child custody after divorce

    According to NJ divorce papers sole or joint custody is given to the spouse based on the following factors:

    1. Physical, mental, emotional and social needs of the child
    2. Preference of the child, provided he/she is adult enough to take decisions

      Child support after divorce

      The court awards child support for its care, maintenance and education. The factors for consideration specified in the papers are:

      1. Needs and ability of the child
      2. Economic circumstances and standard of living of both the parents
      3. Age and health of the child and the parents
      4. Capacity and need of the child for education, including higher education
      5. Income, assets and earning ability of the child
      6. Earning ability of each parent, which includes educational background, employment skills, work experience, custodial responsibility for the children etc.

      NJ divorce papers consists all the issues that are discussed above. The issues discussed above are very important when a couple files for divorce. A court cannot grant a divorce unless all the issues are understood and the papers are signed by the couple.

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