The decision to file for a divorce can be frightening and stressful. Being educated about the process and having the right people behind you when you get ready to file can make all the difference. The following information is some of the basic details that you need to know about divorce in New Jersey before you file. By arming yourself with necessary information about the divorce process along with an attorney, you can be assured that your rights are protected throughout every step of the way.
What are New Jersey’s Residency Requirements for Divorce?
To file for divorce in New Jersey, you must meet certain residency requirements. New Jersey has a relaxed residency requirement that only requires you to be a resident of the state at the time you file for the divorce. Therefore, you must ensure that you've gone through the necessary processes to become an official resident of New Jersey before you can take this legal action.
Grounds for Divorce in New Jersey
New Jersey has several grounds for divorce, and they consist of fault and no-fault grounds. The no-fault divorce requires you to be separated from your spouse for at least 18 months before you file.
You may also file for divorce based on the faulted grounds of:
- Adultery
- Cruelty
- Insanity
- Drug or alcohol addiction
- Imprisonment for at least 18 months.
Child Custody and Divorce
The state of New Jersey firmly believes in making decisions that are in the best interest of the children. The ideal situation is for both parents to work together to make custodial decisions for the children amicably.
If that cannot occur, then the court will have to decide on custody matters based on the profiles of both parents.
Factors the court will look at when determining custody include:
- Each parent's criminal history
- Each parent’s job and living consistency
- Their financial situation
- If there is a history of domestic violence
- Willingness to foster positive relationships with the other parent.
- Any other factors the court deems relevant
The parents may be ordered to share custody, or the court may rule that one parent has sole custody and the other parent has visitation or parenting time.
What is Spousal Maintenance?
Spousal maintenance, or more commonly referred to as alimony, may be a factor in your case if your spouse has become accustomed to a specific type of living. The court could order that you pay alimony until that person marries again or becomes more financially stable.
The court will look at the following circumstances to decide whether to award alimony and how much should be awarded:
- Each person’s income
- Each person’s living standards
- Whether one party stayed at home to care for the family
- Bill contributions and tax treatments
Understanding Property Division
The state of New Jersey performs equitable distributions when it comes to marital property. It will only distribute property that was obtained during the course of the marriage, and it may not be a 50/50 distribution.
New Jersey Divorce Process Length
An uncontested divorce generally takes less than 90 days to perform. Divorces that have unsettled issues with custody, visitation, alimony, and property division could take many more months or even years to conclude.
For this reason, it is in your best interest to move forward with your case with the help of a New Jersey divorce attorney. Not only will it move your case along faster, but it will also protect you from getting railroaded in any of the matters stated above.
New Jersey Divorce: Seek Skilled Legal Counsel
Please contact one of our experienced divorce lawyers at DeTommaso Law Group, LLC for a consultation about your impending divorce. We have assisted many people in Somerset, Morris, Middlesex, Hunterdon, and Union Counties, with their divorces and have had great success with the case outcomes. Divorce is not something that you should go through alone, and you won't have to if you contact us. We can help you fight for what is rightfully yours.
Contact us today at (908) 274-3028 to discuss your divorce with our team today.