FAQs for Outline of Divorce Issues

To file for divorce in NJ, you must first meet the residency requirements. You or your spouse must have been a resident of NJ for at least one year before filing. The next step is to file a Complaint for Divorce with the Superior Court of NJ. Once the Complaint has been filed, the other spouse must be served with a copy of the Complaint. After the Complaint has been served, the parties can begin negotiating the terms of the divorce, such as property division and child custody. If the parties are unable to come to an agreement, the case may go to trial.

In New Jersey, marital property is divided based on an approach known as equitable distribution. This doesn’t necessarily mean that property is divided equally, but rather it’s divided in a manner that is fair and just. The court will consider a variety of factors when dividing property, including the length of the marriage, the income and earning potential of each spouse, and the contributions of each spouse to the marriage.

Alimony, often referred to as spousal support, is a payment that one spouse makes to the other during or after a divorce. It’s designed to limit any unfair economic impact one spouse might experience as a result of the divorce, particularly if one spouse has been more dependent on the other for financial support during the marriage. In NJ, the amount and duration of alimony is determined based on a variety of factors, including the length of the marriage, the income and earning potential of each spouse, and the contributions of each spouse to the marriage.

In New Jersey, the court determines child custody arrangements based on what’s in the “best interests of the child.” This standard guides all custody decisions, and the goal is to ensure that the child’s health, safety, and welfare are protected. New Jersey recognizes two types of custody: physical custody (where the child lives) and legal custody (who makes important decisions about the child’s life, such as education, medical care, and religious upbringing). Each of these can be either sole (given to one parent) or joint (shared by both parents).

To determine the best interests of the child, the court will consider a variety of factors when making a custody determination, including the child’s relationship with each parent, the ability of each parent to provide for the child’s needs, and the child’s wishes, if the child is old enough to express a preference.

Child support is a financial contribution made by a non-custodial parent to the custodial parent to assist with the costs of raising a child. It is intended to cover expenses such as food, housing, education, healthcare, and other child-related costs. Child support is calculated based on the New Jersey Child Support Guidelines. These guidelines consider various factors, including both parents’ income, number of children, overnight stays, health insurance premiums, other obligations such as if a parent is supporting other children not in the household, and childcare/extrodinary expenses.

Yes, a divorce agreement can be modified in NJ, but only under certain circumstances. For example, if there has been a significant change in circumstances, such as a job loss or a change in custody arrangements, a modification may be appropriate.

Yes, you can still get a divorce in New Jersey even if your spouse does not want one. New Jersey is a “no-fault” divorce state, meaning that a spouse does not need to prove the other spouse’s wrongdoing to obtain a divorce. A spouse can file for divorce based on irreconcilable differences, which simply means that the couple has been unable to get along for at least six months and there is no reasonable prospect of reconciliation. If one spouse files for divorce and the other spouse does not agree, the disagreeing spouse cannot stop the divorce process. They can disagree with the grounds for divorce or contest issues like child custody, property division, or alimony, but they cannot prevent the divorce from proceeding.

The length of time it takes to get a divorce in NJ can vary depending on the complexity of the case and the ability of the parties to reach an agreement. In general, an uncontested divorce can be completed in a few months, while a contested divorce can take a year or more.

Yes, you can represent yourself in a divorce case in New Jersey. This is known as being a “pro se” litigant. It’s not required to have an attorney and the court will allow you to represent yourself. However, you should consider the complexity and the stakes of your case before deciding to go this route. If your divorce is uncontested (meaning you and your spouse agree on all matters related to the divorce), and you feel comfortable navigating the court system, it might be manageable.

Mediation is a method of alternative dispute resolution where a neutral third party, the mediator, assists the divorcing couple in reaching an agreement on various aspects of their divorce. Mediation can cover issues like property division, child custody and parenting time, child support, and alimony.