Divorce can be a challenging and emotionally taxing process, and understanding the legal landscape is crucial for navigating it successfully. Here is an introduction to the various stages one can expect to encounter when going through a divorce in New Jersey.
Residency Requirements for New Jersey Divorce
At least one spouse must have been a resident of New Jersey for at least 12 consecutive months before filing for divorce.
Grounds for Divorce in New Jersey
New Jersey recognizes both fault and no-fault grounds for divorce. A no-fault divorce means that the couple can cite “irreconcilable differences,” meaning the marriage is beyond remedy and both parties agree to end it. In New Jersey, in addition to the residency requirement stated above, you must meet the following requirements to claim no-fault or irreconcilable differences:
- You or the other party experienced irreconcilable differences for 6 months; and
- The irreconcilable differences are the reason you want to dissolve the marriage, civil union, or domestic partnership; and
- There is no reasonable prospect of reconciliation.
By contrast, a fault divorce indicates a specific reason, or fault, for the breakup. Fault-based grounds can include but are not exhaustive to:
- Separation for a period of 18 months
- Adultery
- Extreme cruelty
- Desertion
- Substance abuse
- Imprisonment
- Institutionalization for mental illness
The majority of divorces in New Jersey are no-fault, and generally, there is no economic impact on a spouse’s entitlement in a divorce between a fault v. no-fault divorce.
Legal Separation in New Jersey
Legal separation is not specifically recognized in New Jersey, but a couple can still enter into a separation agreement to address the terms of their separation if they choose to live separately.
You do not need to be living separately to file for divorce in New Jersey, in fact, you can file for divorce without a period of separation at all. However, if you wish to file for divorce on the grounds of separation, you must live apart for 18 months.
If you are thinking of separating from your spouse, there are considerations around the impact of that separation on an ultimate divorce that should be discussed with your counsel. Among other things, you should consider how assets acquired post-separation will be treated in a divorce should you and your spouse ultimately decide to move forward with a divorce.
Property Division in a New Jersey Divorce
New Jersey follows the principle of “equitable distribution” when dividing marital property. This means the law aims for a “fair” distribution. While such a distribution can be equal, that is not necessarily required and the actual percentage award between the spouses will be based on a number of facts and circumstances. If a couple is unable to agree on what a fair distribution of the assets will be, the court will conduct a trial (without a jury) to determine the most equitable form and percentage of division.
They will consider several factors in this decision, including the length of the marriage, the age and health of the couple, the value of their property and standard of living, what assets were brought into the marriage, and each party’s earning capacity and economic circumstances.
Property subject to distribution may include real estate, retirement accounts, pensions, investments, bank accounts, and possessions like artwork, cars, and boats. Property that a spouse acquired before the marriage, or received by way of gift or inheritance during the marriage, is typically excluded from distribution.
New Jersey Alimony Laws
There is no specific formula for determining alimony in New Jersey and each case differs.
Generally speaking, alimony will be for a fixed period of time not to exceed the length of the marriage unless the marriage is more than 20 years, at which point alimony will not necessarily terminate at a fixed date but will instead be characterized as open duration. Either way, a spouse’s retirement at full retirement age is generally grounds for the end of alimony. A spouse looking to retire before full retirement age may have grounds to do so as well, depending on a variety of factors.
Considerations for alimony payments are similar to the considerations given to equitable distribution: each spouse’s earning capacity and the standard of living during the marriage. Alimony awards are also generally subject to modification based on a substantial change of circumstance experienced by either spouse after the divorce.
Child Custody and Child Support in a New Jersey Divorce
New Jersey courts determine child custody based on the “best interests of the child” standard, considering factors such as the parent’s ability to cooperate, the child’s needs, and the stability of each home environment. The court may award joint or sole custody, both in terms of legal custody (decision-making authority) and physical custody (where the child resides). There is not necessarily a presumption in favor of 50/50 custody; arrangements are determined on a case-by-case basis.
Child support is calculated using the New Jersey Child Support Guidelines, which consider both parents’ incomes, the number of children, parenting time, and other factors such as health insurance costs and work-related childcare expenses. Child support for high-wage earners, defined as parties with a combined net income of $187,200 per year, is not limited to the child-support guidelines and is determined based upon a number of factors including the lifestyle enjoyed by the child and the economic good fortune of the parents.
Alternative Dispute Resolution in Divorce
Both for financial and emotional reasons, New Jersey supports alternative methods to reach a settlement, so that the divorce can be resolved without a trial.
- Mediation utilizes a neutral third party who helps the spouses reach a mutually acceptable agreement.
- Arbitration is similar to mediation in that a neutral third party is hired, usually a retired judge or attorney. The couple signs an arbitration agreement, presents their issues, and then agrees to abide by the decision.
New Jersey’s Divorce Process Can Be Complex
Every divorce is different. An experienced family law attorney will know how to guide you through New Jersey’s legal process with your specific case in mind.
We represent clients in all matters of family law including Divorce, High Net Worth Divorce, Child Custody, Child Support, Separation, and Mediation. Leaders and the spouses of leaders of finance, law, entertainment, sports, real estate, and members of America’s prominent families, rely upon the attorneys of our family law group. From start to finish, we work side-by-side with our clients to identify reasonable objectives and achieve the best possible result.
