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 endangering a spouse's life or health
- Drug addiction or habitual drunkenness
- Continuous institutionalization for mental illness for two or more years
- Imprisonment for 18 months
- Deviant sexual behavior
A divorce case begins when one of the spouses files a "Complaint" with the Superior Court. The other spouse is then served with the paperwork and has time to respond. If you and your spouse agree on property and debt division, as well as child custody and child support matters, the divorce can be finalized without a trial. If you don't agree on all issues, a hearing is scheduled.
Once your case is filed, either spouse 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" - are divided "equitably" when you divorce. "Equitable division" means a fair division, and it's not always equal.
In deciding how to divide the property owned by divorcing couples, judges will consider a number of factors, including:
- Marriage length
- Spouses' ages and physical and emotional health
- The income or property each spouse brought to the marriage
- The standard of living established during the marriage
- Any written agreement made by the spouses before or during the marriage for property distribution
- The economic circumstances of each spouse at the time the division of property becomes effective
- The income and earning capacity of each spouse
- The contribution by each spouse to the education, training or earning power of the other spouse
- The contribution by each spouse to the acquisition, dissipation, preservation, loss or gain in the amount or value of the marital property, including the contribution of a spouse as a homemaker
- Tax consequences
- 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 spouse deferred achieving his or her career goals
Be prepared with information on your property, including when you purchased it, an estimate of value, and details such as account numbers, serial numbers and so forth. You'll be ready to meet with a New Jersey divorce lawyer and it 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 for support and the ability of the other spouse to pay
- Marriage length
- The age and physical and emotional health of the spouses
- The standard of living established in the marriage and whether it's likely each spouse can maintain a comparable lifestyle after the divorce
- The earning capacities, educational levels, vocational skills and employability of the spouses
- The length of absence from the job market of the spouse seeking alimony
- The parental responsibilities for the children
- The time and expense necessary for the spouse seeking alimony to acquire the education, training or job experience needed to obtain a suitable job and the chances for acquiring assets and income in the future
- The history of financial or non-financial contributions to the marriage by each spouse including contributions to the care and education of the children and interruption of personal careers or educational opportunities
- Equitable distribution
- The income from investments
- 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 agree on a custody arrangement. The term "parenting time" refers to visitation. 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
- Domestic violence history
- The safety of the child and 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 before and after the separation
- The parents' job responsibilities
- Number of children and their ages
The court will presume both parents should have maximum involvement regarding the physical, mental, moral and emotional well-being of their child.
After a custody order is signed by the judge and filed with the court clerk, both parents are bound by it. If you're denied court-ordered access to a child, you can seek help from the court. The judge may decide to modify the visitation order, order makeup visitation for the time missed, order counseling or mediation or community service.
Child Support
In New Jersey, a court orders child support based on state guidelines, which factors in the parents' net income and the number of children supported. A different amount can be ordered if the guidelines amount would be unjust or unfair. The court must put reasons for the deviation in writing.
In determining whether to award child support, a court considers various factors, including:
- The child's needs
- The standard of living and the economic circumstances of each parent
- Parents' sources of income and assets
- Earning ability of each parent
- The child's need and capacity for education, including higher education
- The age and health of the child and parents
- Child's income and earning capacity
- 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.
Questions for Your Attorney