New Jersey Divorce FAQ

At the Law Offices of David T. Garnes, LLC, we are here to help you navigate the divorce process and start the next chapter of your life. Our founding attorney, David T. Garnes, is an experienced Cherry Hill divorce lawyer who is licensed in both New Jersey and Pennsylvania. To schedule a free consultation, please call us at 856-324-4593 or contact us by email.

What are the grounds for divorce in New Jersey?

In New Jersey, you can file for divorce based on fault or no-fault grounds. No-fault divorce is based on irreconcilable differences, which means that the marriage should be ended due to significant differences without placing blame on either party. Fault grounds can include adultery, desertion, extreme cruelty and others, but they require proof and can complicate the divorce process. If you have legal questions about your own situation, we encourage you to contact our divorce attorney in Cherry Hill to learn more.

How is alimony determined in New Jersey?

Alimony, or spousal support, is not guaranteed in New Jersey divorces. The court considers several factors, such as the length of the marriage, the standard of living during the marriage, each party’s financial situation, earning capacities, and the time and expense required for the dependent party to gain sufficient education or training to find appropriate employment.

How are assets divided in a New Jersey divorce?

New Jersey is an equitable distribution state, which means that marital property is divided in a manner that is fair but not necessarily equal. The court considers factors like the duration of the marriage, the age and physical/emotional health of the parties, income or property brought into the marriage, and the standard of living established during the marriage. Please see our Property Division FAQ to learn more.

What is the process for determining child custody in New Jersey?

Child custody is determined based on the best interests of the child, with considerations including the child’s needs, the stability of the home environment, the quality and continuity of the child’s education, the fitness of the parents, the parents’ employment responsibilities and the child’s relationship with both parents. Our child custody overview is a great resource for parents in New Jersey.

What is the average duration of a divorce in New Jersey?

The duration of a divorce can vary greatly depending on whether it’s contested or uncontested, the complexity of the case, and if there are significant assets or custody issues. An uncontested divorce may take a few months, whereas a contested divorce can take a year or more

Do both parties need a divorce lawyer in New Jersey?

While it’s not required for both parties to have a lawyer, it is highly recommended. Each party having their own divorce attorney ensures that their respective interests are adequately represented, especially in cases involving complex legal issues, significant assets or child custody disputes.

How does the divorce process work in New Jersey?

The divorce process in New Jersey typically begins with one party filing a Complaint for Divorce with the appropriate county court. The other party must be served with divorce papers and has the opportunity to respond. If the divorce is uncontested and the parties agree on the major issues, the parties can proceed with a settlement agreement and potentially avoid a trial. In a contested divorce, the process may involve discovery and potentially a trial. For both processes — uncontested divorce and contested divorce — it’s important to have an experienced divorce attorney on your side every step of the way.

Contact Us For A Free Consultation

To discuss your concerns in a free consultation, please send us an email or call our law office in Cherry Hill at 856-324-4593.