Divorce Laws in New Jersey
*All information on this page is intended to provide educational and informational materials only, not to serve as legal advice in any form or capacity.
Divorce is the legal process of ending a marriage contract, which can have significant implications for the lives of the divorcing spouses and their children. Divorce laws in New Jersey are complex and will affect you personally. Divorce laws are not uniform across the United States as each state has its own statutes and procedures that govern how a divorce can be obtained, and what issues can be resolved. Below is a description of the divorce legal processes in New Jersey so you can better prepare yourself, and choose if a divorce lawyer is needed, or if a DIY Divorce kit can be used.
Understanding the Complexities of Divorce in NJ
Divorce, without a doubt, is a difficult and emotional process. And if you’re state of New Jersey, it can feel even more overwhelming. But don’t worry, we’re here to help you understand the ins and outs of NJ divorce laws and separation.
Grounds for Divorce in NJ
First and foremost, let’s talk about the grounds for divorce in NJ. In this state, you can file for divorce on either fault or no-fault grounds. The most common ground for divorce is no-fault “irreconcilable differences”, which is much less stressful than fault-based grounds.
But what exactly does “irreconcilable differences” mean? Well, it refers to issues that have been going on for six months or longer. If the spouses have lived apart for a period of at least 18 consecutive months, a divorce in NJ has no waiting period. However, the waiting period can vary from county to county, but there is a minimum 35 days permitted for the respondent to respond after papers are served.
Now, let’s talk about the fault grounds for divorce in NJ. These include desertion, extreme cruelty, adultery, addiction, institutionalization, imprisonment, and deviant sexual conduct. Each of these grounds has its own specific requirements, which is why it’s essential to contact a professional divorce attorney or lawyer for detailed information.
Divorce Rates in NJ
It’s worth mentioning that New Jersey has a moderate divorce rate throughout the state, which is 3.0 per 1,000 of the total population. Of course, this doesn’t make the process any easier, but it’s essential to know that you’re not alone.
Annulment in NJ
Annulment is another option for dissolving a marriage in NJ. However, its grounds are rare and difficult to prove, making it not a much often opted option. To be on the safe side and to avoid any substantial loss, divorce attorneys and lawyers can provide you with discrete services wherever required during the dissolution process.
Conclusion
Divorce in NJ is undoubtedly a complicated process, but understanding the grounds for divorce and the waiting periods can make it a bit less overwhelming. Whether you’re filing for no-fault or fault-based divorce, it’s always best to consult with a professional attorney or lawyer to ensure you’re taking the right steps to protect your interests.
New Jersey Divorce Laws: What You Need to Know
Divorce can be a challenging process, but understanding the laws that govern it can help make the transition smoother. Here are the essential things you need to know about New Jersey divorce laws:
- Residency: To file for a divorce in NJ, you must meet residency requirements. This means that either party must have been a resident of the state at the time the decision to divorce was made, or one party must have been a resident for at least one year preceding the start of the action.
- Documents Required: In order to start and finalize a divorce in New Jersey, you will need to file a Complaint for Divorce and a Judgment of Divorce. Other documents that may be required include a Cover Letter to Clerk, Case Information Sheet, Summons, Appearance, Financial Statement for Summary Support Actions, and Declaration under the Uniform Child Custody Jurisdiction Act.
- Property Distribution: New Jersey follows the concept of equitable (fair) distribution when dividing property in a divorce. The court encourages parties to reach a settlement on property and debt issues, but if they cannot, the court will make a property award.
- Change of Name: A spouse may request a change of name in the divorce court, which must be published in the local newspaper of the state where they reside.
- Mediation Counseling: If one spouse does not agree to the divorce, the court may give both parties time for counseling. After this period, the court will decide if the marriage is broken or not.
- Alimony: The court may award alimony to the dependent spouse for maintenance, usually to maintain the lifestyle they had during the marriage.
- Child Custody: In the best interests of the child, the court may establish a custody order if the parents cannot come to a conclusion on their own.
- Child Support: Child support is determined using the Child Support Guidelines, which calculate support based on the combined incomes of both parents. The parent without custody is responsible for paying their percentage of support owed for the child.
Understanding New Jersey divorce laws can be overwhelming, but with the help of a professional divorce attorney or lawyer, you can navigate the process with confidence.
New Jersey Annulment Laws: Nullify Your Marriage with These Valid Grounds
Marriage is a beautiful commitment, but not all marriages are meant to last. In some cases, the best thing for both parties is to annul the marriage. Annulment is the court’s order declaring that a marriage is void, meaning it never happened. Luckily, if you live in New Jersey, annulment is an option for you.
So, what are the valid grounds for annulment in New Jersey? Let’s take a look:
- Addiction to Drugs: If your spouse is addicted to drugs or alcohol, you can obtain annulment. This is a common issue that can lead to a lot of problems in a relationship, and it’s good to know that annulment is an option.
- Bigamy and Polygamy: Having more than one spouse is illegal, and if you or your spouse are involved in bigamy or polygamy, annulment is an option. You deserve to be in a relationship where you are the only one.
- Fraud and Duress: If your spouse tricked or forced you into marriage, your marriage is not valid. This is a serious issue, and you have the right to annul your marriage if this happened to you.
- Physical Disability: If your spouse has a physical disability that is affecting your marital relationship, you can get an annulment. This is a difficult situation, but it’s good to know that an annulment is an option if you need it.
It’s important to remember that annulment is not the same as divorce. Annulment declares that the marriage never existed, while divorce ends a valid marriage. If you’re considering annulment, it’s important to consult with a lawyer to understand your options.
With New Jersey annulment laws, you have the opportunity to nullify your marriage and move on with your life. Remember, you deserve to be in a healthy and happy relationship.
New Jersey Divorce Laws: FAQs
Going through a divorce can be a difficult and emotional time. It’s important to know the laws surrounding divorce in New Jersey to make the process as smooth as possible. Here are some frequently asked questions and their answers:
What is the residency requirement for divorce in New Jersey?
A person can file for divorce in New Jersey after completing one year of residency in the state.
Do both spouses need to be residents of New Jersey?
No, only one spouse needs to be a resident of New Jersey to file for divorce.
What happens if my spouse is not in New Jersey?
If your spouse is not in New Jersey, you will need to serve them divorce papers in the state where they are residing.
How much does a divorce cost in NJ?
The court charges a filing fee of $250, and each motion will cost $30. Lawyer fees vary depending on the complexity of the case, but can range from $500 for a simple divorce to $20,000 or more for a complex one.
Can I represent myself in court if I can’t afford a divorce lawyer?
Yes, New Jersey divorce laws allow individuals to represent themselves in court if they cannot afford a lawyer.
Can I hire a divorce attorney on a contingency fee basis?
No, New Jersey divorce laws prohibit lawyers from working on a contingency fee basis for divorce cases.
How is child support determined?
The court will consider your spouse’s income and decide on a fair amount for child support.
Is there a fixed amount for alimony?
No, alimony amounts are determined based on your spouse’s income, the length of your marriage, and other factors.
Do we need a divorce attorney if we have already settled all issues?
It’s still recommended to hire a divorce attorney to assist with the necessary documentation. Both parties should hire separate attorneys.
What is mediation?
Mediation is a process where a neutral third party helps the couple resolve any remaining issues before the divorce is finalized.
Do I need to go to court?
Yes, even if your divorce is uncontested, New Jersey divorce laws require you to attend court hearings.
While there is no official waiting period for divorce in NJ, it typically takes at least six weeks to finalize. This can vary depending on the complexity of the case and how busy the courts are. Remember to stay informed and seek legal advice if necessary.