General Divorce Questions & Answers

Who can file for divorce in New Jersey?
Generally, a party filing a Complaint for Divorce must have lived in the state for at least one year prior to the filing.

What are the grounds for divorce in New Jersey?
Separation for 18 consecutive months (called a No-fault divorce), irreconcilable differences for a period of 6 months, adultery, sexual desertion for a period of at least 12 months, habitual drunkenness or voluntary addiction, imprisonment, institutionalization or extreme mental cruelty.

Can I file for a legal separation before I file a Complaint for Divorce?
There is no formal legal separation in New Jersey. During an indefinite period of separation, spouses can enter into a Separation Agreement to define the parties' respective rights and obligations toward each other and resolve issues regarding any children. The agreement may or may not be incorporated into a final divorce judgment. However, it is not necessary to enter into a Separation Agreement, as all matters can be resolved once a Complaint has been filed.

How is marital property divided upon divorce?
New Jersey is an equitable distribution state, generally meaning that all marital property acquired during the marriage is subject to equal division. Additionally, any debt obtained during the marriage is also subject to equitable distribution. Assets subject to division include personal property, real estate, bank accounts, automobiles, pensions, and retirement accounts.

If both parties agree on everything, do they need an attorney?
If the parties agree on all aspects of the divorce, it is still recommended that you seek the assistance of any attorney to review all documents and make sure the agreement is fair. Unfortunately, many people sign an agreement only to later realize that is does not truly reflect their understanding of the resolution of all issues.

How much alimony can I have?
Alimony is determined by the following thirteen statutory factors: (1) ability of the parties to pay; (2) duration of the marriage or civil union; (3) age, physical and emotional health of the parties; (4) standard of living established in the marriage or civil union; (5) earning capacities, educational levels, vocational skills, and employability of the parties; (6) length of absence from the job market of the party seeking maintenance; (7) parental responsibilities for the children; (8) time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income; (9) history of the financial or non-financial contributions to the marriage or civil union by each party; (10) equitable distribution of property ordered and any payouts on equitable distribution; (11) any income available to either party; (12) tax treatment and consequences to both parties of any alimony award; and (13) Any other factors which the court may deem relevant. How much weight a judge will give each factor depends on the unique circumstances of each divorce.

What is joint custody?
Joint custody does not mean a 50/50 split in the actual physical custody of the children. Instead, joint custody is a term used to describe the sharing of responsibility and participation in the decision making process in matters that affect the children such as education, health care and religion.

How is child support determined in New Jersey?
The state has set up Child Support Guidelines for determining the amount of child support to be paid by the non-custodial parent. The guidelines apply a percentage to the total available income of both parents. Then, based on the fraction of the total income that a parent earns, child support is calculated.

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