Divorce Guide

Divorce Guide

New Jersey Divorce Rights

A spouse, in order to file a case for the dissolution of marriage in New Jersey has to be a resident of the state. These residency requirements are mandatory while exercising New Jersey divorce rights. According to New Jersey divorce rights any spouse can file a divorce case in the superior court of the state, if the cause of the dissolution of the marriage arose in new jersey, or after the cause of divorce, either of the parties has been living in the state for a period of one year.

Chapter 34 of New Jersey statutes states that any complaint for the divorce should have an appropriate new jersey ground for filing the case. New Jersey divorce rights could be exercised by any of the parties involved in the case when they bring the appropriate case. Some of the appropriate grounds considered by New Jersey divorce rights are adultery, extreme cruelty, separation for a period of 18 months, drug addiction, mental illness, imprisonment of the defendant and deviant sexual behaviour of the defendant.

To exercise his/her divorce rights, the laws of New Jersey state that the plaintiff should reach the superior court of new jersey. The plaintiff could also approach the chancery division and the family part of the county concerned.

Complaint for the divorce and the judgment of divorce, case information sheet, financial statement for summary actions, all the summons, declaration under the uniform child custody jurisdiction act are some of the important documents required at the time of filing the case in the superior court or the county court of the state. Clerk of the superior court in New Jersey is the department which takes care of all the paperwork of the case. This department keeps the two parties informed and also communicates with their lawyers.

New Jersey divorce rights recognize the state as an equitable distribution state. According to this principle, the property acquired during the marriage would be equitably distributed between the parties and the distribution would be absolutely fair. The court however can consider the following factors while deciding on the issue of property distribution. These factors are the age and health of the two parties, duration of the marriage, income and resources, standard of living, economic circumstances, contribution of each party in the acquisition of the property, tax consequences, family responsibilities, need of the parent and the child, debts and liabilities incurred during the marriage or any other factor which the court may consider important.

Spousal support is awarded to the parties who really need the spousal support. New Jersey divorce rights make ample provisions for any party to gain support from the spouse if the court considers that the spouse really needs the support. Child custody and the support of the child is also given due recognition by New Jersey divorce rights. The court can consider any of the above mentioned factors to decide on the issue of child support.

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