1. How long do I
have to live in the state before I can file for a divorce?
2. How soon can I get a divorce?
3. How will the custody of my children
be determined?
4. Can I remove my child from the state?
5. How is child support determined?
6. Will I receive alimony?
7. What happens to my property when
I get a divorce?
8. If my spouse or significant other
is abusive, what help is available?
How long do I have to live in the state
before I can file for a divorce?
In New Jersey, the Court has jurisdiction over a divorce action where either
party is a resident of New Jersey for at least twelve months prior to the
filing of the divorce complaint.
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How soon can I get a divorce?
In New Jersey, the process of divorce is initiated by the filing of a complaint
for Divorce in the Superior Court of New Jersey, Chancery Division, Family
Part, on either fault or no fault grounds. If a party files for divorce on
no fault grounds then the requirement must be met that the parties have lived
in separate residences and have not engaged in sexual relations with one another
for eighteen months. Under no fault grounds, a party cannot file a divorce
complaint until after the eighteen month period has run. If a party files
for divorce on one of the common eight "fault grounds" (extreme mental or
physical cruelty, adultery, desertion, habitual drunkenness or drug use, imprisonment,
institutionalization and/or deviant sexual behavior) then the timeframe for
obtaining a divorce may be shorter depending on the particular grounds for
divorce that is alleged.
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How will the custody of my children
be determined?
In New Jersey, custody is considered as a two-tiered concept. The first tier
is the decision making responsibilities of the parents. This is referred to
as "legal custody." The second tier is the physical custody of the child.
To obtain custody, a parent must file a complaint seeking child custody. Courts
will base their custody decision on what is in the best interests of the child.
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Can I remove my child from the state?
In New Jersey, if the child is a native of the state or has resided in New
Jersey for five years, they may not be removed from the jurisdiction without
the consent of the parents or an appropriate court order.
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How is child support determined?
In New Jersey, the state has promulgated guidelines for the court to use in
determining the amount of child support. The guidelines apply in all cases
where the combined net income of the parents is $150,800 or less.
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Will I receive alimony?
In New Jersey, Courts award either permanent or rehabilitative alimony. When
the dependent spouse is of a certain age without the training or skills to
become self-supporting or to learn new skills to become self-supporting, courts
will award alimony on a permanent basis until death or remarriage. When the
dependent spouse is able to learn skills to become self-supporting, the Court
will award rehabiliative alimony for a period of time sufficient to enable
the spouse to obtain the requisite skills. In deciding whether to award a
party alimony, courts consider the following factors: (1) the actual need
and ability of the parties to pay; (2) the duration of the marriage; (3) the
age, physical and emotional health of the parties; (4) the standard of living
established in the marriage and the likelihood that each party can maintain
a reasonably comparable standard of living; (5) the earning capacities, educational
levels, vocational skills, and employability of the parties; (6) the length
of absence from the job market and custodial responsibilities for children
of the parties seeking maintenance; (7) the time and expense necessary to
acquire sufficient education or training to enable the party seeking maintenance
to find appropriate employment, the availability of training and employment,
and the opportunity for future acquisition of capital assets and income; (8)
the history of the financial or non-financial contributions to the marriage
by each party including contributions to the care and education of the children
and interruption of personal careers or educational opportunities; (9) the
equitable distrubtion of property ordered and any payouts on equitable distribution,
directly or indirectly, out of current income, to the extent this consideration
is reasonable, just and fair; and (10) an other factors which the court may
deem relevant.
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What happens to my property when
I get a divorce?
In New Jersey, marital property is divided by what is known as equitable distribution.
Equity is a term for fairness and courts will base their decisions on who
gets what property based upon what the court believes is a fair outcome for
the parties. In making this decision, courts consider the following factors:
(a) the duration of the marriage; (b) the age and physical/emotional condition
of the parties; (c) the income or property brought to the marriage by each
party; (d) the standard of living established during the marriage; (e) any
written agreement made by the parties before or during the marriage concerning
an arrangement of property distrubtion; (f) the economic circumstances of
each party at the time the division of property becomes effective; (g) the
income and earning capacity of each party, including educational background,
training, employment skills, work experience, length of absence from the job
market, custodial responsibilities for children, and the time and expense
necessary to acquire sufficient education or training to enable the party
to become self-supporting at a standard of living reasonably comparable to
that enjoyed during the marriage; (h) the contribution by each party to the
education, training or earning power of the other; (i) the contribution of
each party to the acquisition, dissipation, preservation, depreciation or
appreciation in the amount or value of the marital property, as well as the
contribution of a party as a homemaker; (j) the tax consequences of the property
distribution to each party; (k) the present value of the property; (l) the
need of a parent who has physical custody of a child to own or occupy the
marital residence and to use or own the household effects; (m) the debts and
liabilities of the parties; (n) the need for creation , now or in the future,
of a trust fund to secure reasonably foreseeable medical or educational costs
for a spouse or children; and (o) any other factors which the court may deem
relevant.
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If my spouse or significant other
is abusive, what help is available?
In New Jersey, domestic violence is defined as the occurence of one or more
of the following criminal acts committed by an adult or an emancipated minor:
assault, terroristic threats, kidnapping, criminal restraint, false imprisonment,
sexual assault, criminal sexual contact, lewdness, criminal mischief, burglary,
criminal tresspass, harassment and/or stalking. A victim of domestic violence
can be any person, regardless of age, who has been subjected by a person with
whom the victim has a child in common, or with whom the victim anticipates
having a child in common, or who has had a dating relationship with the other
person. Victims of domestic violence my file a complaint alleging an act of
domestic violence. A domestic violence hearing must be held within 10 day
of the filing of the complaint.
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