What are the grounds for divorce in New Jersey?
New Jersey recognizes "fault-based" divorce, in which a specific reason must be offered for obtaining a dissolution of the marriage. Among the grounds specified by law are: extreme cruelty, adultery, desertion, addiction, institutionalization, imprisonment, and deviant sexual conduct.
New Jersey also provides for no-fault divorce on the grounds of Irreconcilable Differences, or 18 Months Separation.
In order to file for divorce, one of the parties must be a resident of the state for at least one year prior to filing the marriage dissolution petition. An exception to the one-year requirement exists for divorce sought on the grounds of adultery, in which the residency requirement is that either spouse must be a resident of New Jersey.
What is the difference between an annulment and a divorce proceeding?
An annulment proceeding is instituted for the purpose of determining by a judicial ruling that a valid marriage never took place due to some defect that existed at the time the parties were married. By contrast, a divorce proceeding is instituted in order to terminate a valid marriage for reasons that occurred after the marriage was entered into.
What is alimony?
Alimony is defined as monetary support paid by one spouse to the other. In New Jersey, four types of alimony awards are possible: (1) permanent alimony; (2) rehabilitative alimony; (3) limited duration alimony; and (4) reimbursement alimony. In determining the amount of alimony to be awarded, courts consider several factors, including:
the parties' ability to pay;
the actual need of the party for whom alimony is being awarded;
the marriage's duration;
the parties' age, physical and emotional health of the parties;
the parties' earning capacities, educational levels, vocational skills, and employability;
the parties' parental responsibilties for their children;
any income available to either party from investments;
the history of financial and non-financial contributions to the marriage by each party (including interruption
of personal careers or educational opportunities);
the tax consequences to both parties; and
any other fact that may be relevant to the court's alimony determination.
What is child support?
In New Jersey, each parent has an obligation to support his or her minor children. The amount of support to be awarded is determined pursuant to child support guidelines (which apply to families with one to six children), which in turn are based on the parents' combined net income. When the parents have high income, state law provides for a series of factors to be considered by the court in awarding child support, including:
the child's needs;
each parent's standard of living and economic circumstances;
all sources of income and assets available to each parent;
each parent's earning ability and experience;
the child's need and capacity for higher education;
the age and health of the child and each parent;
the child's income, assets and earning ability;
each parent's debts and liabilities; and
any other factor deemed relevant by the court.
What is equitable distribution?
Equitable distribution is the process by which courts in New Jersey distribute a divorcing couple's marital property. In order to distribute the property, courts first identify what constitutes the couple's marital property and what constitutes each spouse's separate property. Marital property is generally considered to be property obtained during the marriage. Then, the value of the marital property is determined and the items are distributed in a fair and just manner. In arriving at an equitable distribution of the marital property, courts look at several factors, including but not limited to:
the duration of the marriage;
the parties' respective ages and physical/emotional health;
standard of living established during the marriage;
the parties' respective incomes and earning capacities;
each party's contribution to the education, training, or earning party of the other;
the tax consequences of the proposed distribution to each party;
the parties' respective debts and liabilities; and
any other factor deemed relevant by the court.
How does "collaborative law" work in the divorce context?
The collaborative family law process empowers spouses to dissolve their marriage with dignity and allows parties to protect their children from the strains of litigation, which can impose a personal responsibility in resolving conflict. Parties to divorce, their attorneys, and any other professional involved agree to make a good faith attempt to reach an amicable settlement without going to court; collaborative practice is intended to minimize difference while working toward that resolution. In the collaborative process, each spouse is responsible for gathering necessary information.
The collaborative family law process is a problem-solving method, which encourages mutual respect, provides for open communication, and prepares individuals for new lives.