Divorce in New Jersey

  • Residency Requirements and Grounds for Divorce

  • Dividing the Property

  • Alimony

  • Child Custody and Visitation

  • Child Support

    Residency Requirements and Grounds for Divorce

    Generally, you must be a resident of New Jersey for one year to file for a divorce.

    Either spouse can get a divorce simply by stating in divorce papers that the two parties are separated and have lived in separate residences for at least 18 consecutive months. After the 18-month period, the court will presume that there is no reasonable prospect of reconciliation.

    If the spouses have been separated for less than 18 months and are not in agreement that a divorce should occur, the spouse wanting the divorce must prove one of the following grounds:

    • Adultery
    • Willful and continued desertion for one year
    • Extreme cruelty - defined as physical or mental cruelty that endangers the safety or health of the other spouse
    • Drug addiction or habitual drunkenness
    • Continuous institutionalization for mental illness for two or more years
    • Imprisonment for 18 months
    • Deviant sexual behavior

    The legal divorce process begins when one of the spouses files a "Complaint" with the Superior Court. The other spouse is then served with the paperwork and given time to respond. If the parties are in agreement about property and debt division, as well as child custody and child support matters, the divorce can be finalized without a trial. If the parties can't come to an agreement, the court will set a time for a hearing.

    After the Complaint has been filed, either party can request temporary assistance from the court in the form of temporary custody and child support orders, and orders to determine who pays community debts on a temporary basis.

    Dividing the Property

    In New Jersey, assets and debts acquired during your marriage - called "marital assets" or "marital property" - will be divided "equitably" when you divorce. "Equitable" does not necessarily mean equal; rather, the court will make a fair distribution the marital assets to each spouse base on his or her financial and non-financial contributions during the marriage.

    In deciding how to divide the property owned by divorcing couples, judges will consider a number of factors, including:

    • The length of the marriage
    • The ages and physical and emotional health of the parties
    • The income or property each party brought to the marriage
    • The standard of living established during the marriage
    • Any written agreement made by the parties before or during the marriage concerning an arrangement for property distribution
    • The economic circumstances of each party at the time the division of property becomes effective
    • The income and earning capacity of each party
    • The contribution by each party to the education, training or earning power of the other party
    • The contribution by each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, including the contribution of a party as a homemaker
    • Any tax consequences of the proposed distribution
    • The present value of the property
    • The need of the custodial parent to occupy or own the family home and/or household items
    • The extent to which a party deferred achieving his or her career goals

    It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see a New Jersey divorce lawyer can save you a lot of time and money.

    Alimony

    A court can order alimony for either spouse in New Jersey. A court will generally consider such factors as:

    • The actual need and ability of the parties to pay
    • The length of the marriage
    • The age and physical and emotional health of the parties
    • The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living
    • The earning capacities, educational levels, vocational skills, and employability of the parties
    • The length of absence from the job market of the party seeking alimony
    • The parental responsibilities for the children
    • The time and expense necessary for the party seeking alimony to acquire the education, training or job experience necessary to qualify the party to obtain appropriate employment, and the opportunity for future acquisitions of capital assets and income
    • The history of 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
    • Equitable distribution
    • The income available to either party through investment of any assets held by that party
    • The tax consequences of alimony


    A court can order temporary support while the divorce is pending. Most spousal support is ordered for a specific length of time. Once ordered, it can be modified only upon a showing of a "change in circumstances."

    Child Custody and Visitation

    In New Jersey, a court will make child custody decisions based on what is in the "best interest" of the child if the parents can't come to an agreement. In deciding how much time the child should spend with each parent, the court considers many factors, including:

    • The parents' ability to agree, communicate and cooperate in matters relating to the child
    • The parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse
    • The interaction and relationship of the child with its parents and siblings
    • The history of domestic violence, in any
    • The safety of the child and the safety of either parent from physical abuse by the other parent
    • The reasonable preference of the child
    • The needs of the child
    • The stability of the home environment offered
    • The quality and continuity of the child's education
    • The fitness of the parents
    • The geographical proximity of the parents' homes
    • The extent and quality of time spent with the child prior to or subsequent to the separation
    • The parents' employment responsibilities
    • The ages and number of the children

    The court will presume that both parents should have maximum involvement regarding the physical, mental, moral and emotional well-being of the child.

    After a custody order is signed by the judge and filed with the court clerk, both parents are bound by it. If a parent is denied court-ordered access to a child, he or she may bring the issue back before the court. The judge may decide to modify the visitation order, order makeup visitation for the time missed and order counseling or mediation.

    Child Support

    In New Jersey, a court will base the amount of child support on a percentage of both parents' net income in relation to the number of children being supported. The parent requesting child support usually makes his or her application during a preliminary hearing called a "Pendente Lite Application." The court will then determine the amount of child support based on state guidelines.

    In determining whether to award child support, a court considers various factors, including:

    • The needs of the child
    • The standard of living and the economic circumstances of each parent
    • The sources of income and assets of each parent
    • The earning ability of each parent
    • The need and capacity of the child for education, including higher education
    • The age and health of the child and parents
    • The income and earning capacity of the child
    • Prior support orders for other children
    • The reasonable debts and liabilities of each parent and child

    A New Jersey child support order can be modified if there has been a change in circumstances. An example of this might include health problems that limit the paying parent's earning abilities.

    Related Web Links:
    - New Jersey Courts Webpage
    - New Jersey Children- Juvenile and Domestic Relations Courts
    - New Jersey Child Support Guidelines
    - New Jersey Child Support
    - New Jersey State Profile
    - Family Law: Selecting a Good Lawyer
    - Divorce - General message board for more help
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