Understanding Divorce Laws in New Jersey: A Complete Legal Guide

The divorce process in New Jersey can be complex and emotionally challenging. Understanding divorce laws in New Jersey is crucial to protecting your rights and ensuring a fair legal process. In this article, we will explore the key aspects of New Jersey divorce law, legal requirements, different types of divorce, and how an experienced attorney can assist you at every stage of the process.

Types of Divorce in New Jersey

In New Jersey, there are two main types of divorce:

1. Fault-Based Divorce

This type of divorce is based on the misconduct of one spouse, leading to the dissolution of the marriage. The court-accepted reasons include:

• Adultery

• Abandonment for more than 12 months

• Extreme cruelty

• Substance abuse

• Spouse imprisonment for more than 18 months

• Inappropriate conduct that makes cohabitation unbearable

2. No-Fault Divorce

Also known as a divorce based on irreconcilable differences, this type of divorce does not require proving fault from either party. To file, couples must demonstrate that:

• They have lived separately for at least 18 months, or

• They have experienced irreconcilable differences for at least 6 months

Requirements for Divorce in New Jersey

To file for divorce in New Jersey, you must meet certain legal requirements:

• Residency: One spouse must have lived in New Jersey for at least one year before filing.

• Legal Grounds: A valid reason for dissolving the marriage must be established, whether fault-based or no-fault.

• Documentation: The party filing for divorce must submit a divorce complaint to the court.

Division of Assets in a Divorce

New Jersey is an equitable distribution state, meaning assets are not necessarily divided equally but rather fairly based on various factors, such as:

• Length of the marriage

• Income and assets of each spouse

• Economic and non-economic contributions of each party

• Age and health of the spouses

• Future financial needs of each individual

Child Custody and Support

When children are involved, the court makes decisions based on their best interests. There are two types of custody in New Jersey:

• Legal Custody: The right to make decisions regarding the child’s education, health, and well-being.

• Physical Custody: Determines with whom the child will live.

Regarding child support, state guidelines are used to calculate the amount a parent must pay, considering income, parenting time, and other relevant factors.

How Can a Divorce Attorney in New Jersey Help?

Navigating a divorce can be complicated, especially when disputes arise over assets, custody, and support. A New Jersey divorce attorney can help you:

• Understand your legal rights and options

• Negotiate favorable settlements

• Represent you in court if necessary

For quality legal advice on your divorce in New Jersey, visit our website: leyes de divorcio nueva jersey

About Law Offices of SRIS, P.C.

At Law Offices of SRIS, P.C., we have attorneys with extensive experience in family law and divorce cases in New Jersey. Our firm is dedicated to providing personalized legal advice and effective representation in divorce, child custody, and asset division cases.

If you need help with your divorce case, do not hesitate to contact us at Law Offices of SRIS, P.C. or schedule a consultation through our online form: Contact Us.