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New Jersey Divorce Law

Divorce Laws in New Jersey

New Jersey divorce laws have maintained the traditional fault based grounds for divorce, which can include, but is not limited to, adultery, extreme cruelty, desertion for at least 12 months, and 18 months of continued separation. Under this concept, you must have a valid reason for a divorce in New Jersey. Additionally, one of the spouses must have resided in New Jersey for at least 1 year before filing for a divorce, unless your are suing for a fault ground of adultery. In this case you may file immediately without restriction to your residence.

Alimony & Equitable Distribution in New Jersey

New Jersey is known as an equitable distribution state. According to the divorce laws in New Jersey this means that the marital property must be divided fairly or equitably, but not necessarily equally. The property may be distributed based on a voluntary agreement between the spouses, or when an agreement cannot be reached, by order of the judge.

Alimony can be granted to either the husband or wife, under New Jersey divorce laws. Such relevant economic factors as the length of the marriage, the parties’ prior living standard and the spouses’ income are considered in determining the amount that should be paid to the requesting spouse.

New Jersey Child Support, Child Custody and Child Visitation

According to New Jersey divorce law, the rights of both parents are equal in consideration of awarding custody of minor children. The preferences of the child as well as the children’s needs and the fitness of the parents may be considered when deliberating over a custody agreement.

Child support (a percentage of the non-custodial parents income paid to assist with the support of his children) is determined by the “child support guidelines” as set forth by divorce law in New Jersey. A Child Support worksheet and instructions can be found at your local New Jersey Family Court or on the Internet at http://www.state.nj.us/judiciary/appixd.htm.

The amount ordered to be paid is based upon the spouses’ income, cost of childcare and family medical insurance. Additionally, guidelines under the New Jersey divorce laws now provide the child support award for all combined incomes up to the amount of $150,800.00 per year.