New Jersey Divorce Laws and Resources

IF you live in New Jersey, you can find divorce laws, divorce forms, lawyers, and support services here. You can also find more information in the divorce articles section.

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DIVORCE & SEPARATION FORMS

Divorce & Separation Forms - uslegalforms link
Online Divorce - divorcesource link


FAMILY LAW RESOURCES

New Jersey Child Support Guidelines
New Jersey Child Support Calculator
New Jersey Child Support Enforcement


DIVORCE LAWYERS & FIRMS

Need a Divorce Lawyer? LegalMatch allows you to present your case, and respond only to attorneys who want to help you. It's Free & Confidential. You can post your legal issues with LegalMatch and receive a reply from qualified attorneys who can handle your case. LegalMatch is a good directory that empowers consumers to locate and thoroughly review the experience, availability and price of pre-screened attorneys before deciding whom to contact.


UNCONTESTED DIVORCE FORMS


WITH NO Children

1. No Children and No Marital Home
2. No Children and Dividing Proceeds From the Sale of Marital Home
3. No Children and Transfer of Marital Home From One Spouse to the Other

WITH Children

1. With Children and One Parent Has Legal and Physical Custody
2. With Children and Both Parents Have Legal Custody and One 3. Parent Has Physical Custody

When You CANNOT LOCATE Your Spouse

State Specific - Divorce Software - Missing Spouse - With No Children


DIVORCE FORM PREPARATION

Divorces can be painful and complicated, but they do not have to be. LegalZoom can help you obtain your uncontested divorce if you simply follow their three-step plan. They'll prepare your divorce forms, and other documentation that may be needed, review them for consistency and completeness, and provide you with all of the necessary paperwork within 7-10 business days. Start your New Jersey divorce form preparation today.


COUNSELING



PRIVATE INVESTIGATORS

Advanced Surveillance Group, Inc.
Professional Private Investigators who specialize in infidelity cases and spousal surveillance operating nationwide. Get the truth, end the doubt and anxiety and have the information you need to move forward with your life. Please visit our site which contains a great deal of information to help you evaluate this difficult decision. Fast, affordable and discreet...www.cheatingspousepi.com


BACKGROUND CHECKS

Conduct Background Checks and Investigations - Find people, unlisted phone numbers, obtain vital statistics, criminal record checks, credit record checks, sex offender searches, driving and vehicle records, property records, general public records, business registration and property resources.


DOMESTIC VIOLENCE RESOURCES

New Jersey Domestic Violence Crisis and Support Services
New Jersey Domestic Violence Shelters and Hotlines


SUPPORT

Support Groups


NEW JERSEY DIVORCE LAW RESOURCES

New Jersey Divorce Statutes


RESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a divorce, either party must be a resident of the state for a period of a least one year preceding the filing of the complaint. A divorce may be filed in the county where either party resides. The Superior Court shall have jurisdiction of all causes of divorce, bed and board divorce, or nullity when either party is a bona fide resident of this State. [Based on New Jersey Statutes 2A:34-8 and 2A:34-10]


LEGAL GROUNDS FOR DIVORCE: A divorce may be granted on the following grounds:

1. Adultery;
2. Desertion for more than one year;
3. Extreme cruelty;
4. Living separate and apart for at least 18 month;
5. Addiction or habitual drunkenness for more than 12 months preceding the filing of the complaint;
6. Institutionalization for mental illness for a period of 24 during the marriage and preceding the filing of the complaint;
7. Imprisonment of the defendant for 18 or more consecutive months after marriage, provided that where the action is not commenced until after the defendant's release, the parties have not resumed cohabitation following such imprisonment;
8. Deviant sexual conduct
[Based on New Jersey Statutes 2A:34-2]


LEGAL SEPARATION: A divorce from bed and board may be granted on the same grounds as a divorce from matrimony. In all actions where a judgment of divorce from bed and board is entered the court may make such award or awards to the parties, in addition to alimony and maintenance, to effectuate an equitable distribution of the property, both real and personal, which was legally and beneficially acquired by them or either of them during the marriage. [Based on New Jersey Statutes 2A:34-3 and 2A:34-23]


MEDIATION OR COUNSELING REQUIREMENTS: The court shall order every person who has filed an action for divorce, nullity or separate maintenance where the custody, visitation or support of the minor child is an issue to attend the "Parents' Education Program". Each party shall attend separate sessions of the program. [Based on New Jersey Statutes 2A:34-12.5]


PROPERTY DISTRIBUTION: New Jersey is and equitable distribution state, meaning that the marital estate will be distributed in an equitable, but not necessarily equal, manner. In making an equitable distribution of property, the court shall consider, but not be limited to, the following factors:

1. The duration of the marriage;
2. The age and physical and emotional health of the parties;
3. The income or property brought to the marriage by each party;
4. The standard of living established during the marriage;
5. Any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution;
6. The economic circumstances of each party at the time the division of property becomes effective;
7. The income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage;
8. The contribution by each party to the education, training or earning power of the other;
9. The contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker;
10. The tax consequences of the proposed distribution to each party;
11. The present value of the property;
12. The need of a parent who has physical custody of a child to own or occupy the marital residence and to use or own the household effects;
13. The debts and liabilities of the parties;
14. The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children;
15. The extent to which a party deferred achieving their career goals; and
16. Any other factors which the court may deem relevant.

Separate property, real, personal or otherwise, legally or beneficially acquired during the marriage by either party by way of gift, devise, or intestate succession shall not be subject to equitable distribution, except that interspousal gifts shall be subject to equitable distribution. [Based on New Jersey Statutes 2A:34-23 and 2A:34-23.1]


ALIMONY/MAINTENANCE/SPOUSAL SUPPORT: In all actions brought for divorce, divorce from bed and board, or nullity the court may award one or more of the following types of alimony:

1. Permanent alimony;
2. Rehabilitative alimony;
3. Limited duration alimony or reimbursement alimony to either party.

In so doing the court shall consider, but not be limited to, the following factors:

1. The actual need and ability of the parties to pay;
2. The duration of the marriage;
3. The age, physical and emotional health of the parties;
4. The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living;
5. The earning capacities, educational levels, vocational skills, and employability of the parties;
6. The length of absence from the job market of the party seeking maintenance;
7. The parental responsibilities for the children;
8. The 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. The history of the financial or non-financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
10. The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
11. The income available to either party through investment of any assets held by that party;
12. The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment; and
13. Any other factors which the court may deem relevant. [Based on New Jersey Divorce Statutes 2A:34-23]


SPOUSE'S NAME: The court, upon or after granting a divorce from the bonds of matrimony to either spouse, may allow either spouse to resume any name used by the spouse before the marriage, or to assume any surname. [Based on New Jersey Statutes 2A:34-21]


CHILD CUSTODY: Custody may be awarded to either parent, based on the best interests of the child. In making an award of custody, the court shall consider but not be limited to the following factors:

1. The parents' ability to agree, communicate and cooperate in matters relating to the child;
2. The parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse;
3. The interaction and relationship of the child with its parents and siblings;
4. The history of domestic violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent;
5. The preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision;
6. The needs of the child;
7. The stability of the home environment offered;
8. The quality and continuity of the child's education;
9. The fitness of the parents;
10. The geographical proximity of the parents' homes;
11. The extent and quality of the time spent with the child prior to or subsequent to the separation;
12. The parents' employment responsibilities; and
13. The age and number of the children.

A parent shall not be deemed unfit unless the parents' conduct has a substantial adverse effect on the child.
[Based on New Jersey Divorce Statutes 9:2-4]


CHILD SUPPORT: New Jersey uses the "Income Shares" method of determining child support, meaning that the level of support will be based on the income of both parents combined. In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, the court in those cases not governed by court rule shall consider, but not be limited to, the following factors:

1. Needs of the child;
2. Standard of living and economic circumstances of each parent;
3. All sources of income and assets of each parent;
4. Earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate employment;
5. Need and capacity of the child for education, including higher education;
6. Age and health of the child and each parent;
7. Income, assets and earning ability of the child;
8. Responsibility of the parents for the court-ordered support of others;
9. Reasonable debts and liabilities of each child and parent; and
10. Any other factors the court may deem relevant. [Based on New Jersey Divorce Statutes 2A:34-23]

For a complete overview of the determination of the amount of child support that will be ordered, see the New Jersey Child Support Guidelines.


PREMARITAL AGREEMENT: Parties to a premarital agreement may contract with respect to:

1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
3. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
4. The modification or elimination of spousal support;
5. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
6. The ownership rights in and disposition of the death benefit from a life insurance policy;
7. The choice of law governing the construction of the agreement; and
8. Any other matter, including their personal rights and obligations, not in violation of public policy.

A premarital agreement shall not adversely affect the right of a child to support. [Based on New Jersey Divorce Statutes Title 37, Section 37:2-34]



You can find more divorce information in the following articles:

Save On The Cost Of Divorce
Do You Need A Lawyer
Finding Divorce Attorneys
Collaborative Family Law
Divorce Considerations
Divorce Mediation
Do It Yourself Divorce
More Divorce Articles

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