New Jersey Divorce
Information and FAQ
New Jersey law allows for no fault divorces based upon the
parties having lived separate and apart without cohabitation for an
uninterrupted period of eighteen (18) months. The general grounds
upon which a divorce may be obtained are:
1. Adultery 2. Willful and continued desertion for one year 3.
Extreme cruelty 4. Drug/alcohol addiction 5. Institutionalization
for mental illness for 2 or more years 6. Imprisonment for 18 months
or more 7. Deviant sexual behavior NJSA 2A:34.2
Residency Requirements In order to file a no-fault divorce in the
State of New Jersey, at least one of the parties to the divorce must
have been a bona fide resident of the State of New Jersey for a
period of at least one year prior to the filing of the action. NJSA
2A:34-10
Name of court and title of action/parties Divorce actions are
heard in the Superior Court, Chancery Division, Family Part. The
title of the action initiating the divorce is a Complaint for
Divorce, while the title of the action granting the divorce is
referred to as a Judgment of Divorce. The party filing the action is
referred to as the Plaintiff, while the other party is referred to
as the Defendant. NJSA 2A:34-8 Where to File- Venue The proper place
to file an action for divorce shall be the county in which the
plaintiff resides at the time the cause of action arose, or, if the
plaintiff does not reside in New Jersey, then the county in which
the defendant resides at the time the cause of action arose.
If neither party was domiciled in New Jersey at the time the
cause of action arose, then the proper venue is the county where the
plaintiff is domiciled when the action is commence, or, if the
plaintiff is not domiciled in new Jersey, then the county where the
defendant is domiciled when service of process is made. NJSA
2A:34-10
Property Division New Jersey is an equitable distribution state
in which the court, if the parties have not entered into a
settlement agreement, will divide the marital property equitably
between the parties, taking into consideration many factors such as;
the duration of the marriage, the standard of living established in
the marriage, etc. NJSA 2A:34-23 Alimony Alimony comes in several
different forms in the State of New Jersey. Either party may be
awarded one or more of the following types: Permanent alimony,
rehabilitative alimony, limited duration alimony or reimbursement
alimony. In making an award of alimony, the court will consider the
following factors:
1. The actual need and ability of the parties to pay; 2. The
duration of the parties; 3. The age, physical and emotional health
of the parties; 4. The standard of living established during the
marriage and the likelihood of the parties maintaining a comparable
standard of living after the divorce is final; 5. The length of
absence from the job market of the party seeking alimony; 6. The
earning capacities, educational levels, vocational skills, and
employability of the parties; 7. The parental responsibilities for
the children; 8. The time and expense necessary to acquire
sufficient education or training to enable the party seeking alimony
to find appropriate employment; 9. The contributions to the marriage
of both parties; 10. The ordered equitable distribution of the
marital property; 11. The income available to either party through
investments; 12. The tax consequences to the parties; 13. Any other
factors the court deems relevant. NJSA 2A:34-23
Child custody The courts in New Jersey may make any such orders
as to custody of any children of the marriage as the court deems
reasonable and just after consideration of the circumstances of the
parties and the nature of the case. NJSA 2A:34-23 Child support In
determining the amount and term of any child support order, the
court will consider the following factors:
1. The needs of the child; 2. The standard of living and economic
circumstances of each parent; 3. All sources of income and assets of
each parent; 4. The earning ability of each parent; 5. The need and
capacity of the child for education; 6. The age and health of each
parent and child; 7. The income, assets and earning ability of the
child; 8. The responsibility of the parent for court-ordered support
of others; 9. The reasonable debts and liabilities of each parent
and child, and; 10. Any other factors the court deems relevant and
just. NJSA 2A:34-23
Name change The court, upon or after granting a divorce, may
allow either party to the marriage to resume any name used by the
party prior to the marriage. NJSA 2A:34-21
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