This guide covers divorce filing, custody arrangements, and family law specific to New Jersey (NJ). Laws, programs, and resources vary by state, and this page focuses on what New Jersey residents need to know.
Divorce Filing Requirements
New Jersey has specific residency requirements before you can file for divorce. You must meet these requirements before the court will accept your petition.
New Jersey recognizes both fault and no-fault grounds for divorce. The most common ground used is irreconcilable differences or irretrievable breakdown of the marriage.
Property Division
New Jersey follows equitable distribution rules for dividing marital assets. This means the court divides property fairly, which does not always mean equally.
Separate property -- assets owned before marriage, gifts, and inheritances -- is generally not divided. However, commingling separate property with marital funds can change its classification under New Jersey law.
Child Custody
New Jersey courts make custody decisions based on the best interests of the child. Factors include each parent's relationship with the child, stability of the home environment, and the child's own preferences if old enough.
New Jersey recognizes both legal custody (decision-making authority) and physical custody (where the child lives). Joint custody arrangements are common but not automatic.
Spousal Support
Alimony in New Jersey is not guaranteed. Courts consider factors including the length of the marriage, each spouse's earning capacity, age, health, and the standard of living established during the marriage.
New Jersey may award temporary support during the divorce process, rehabilitative support to help a spouse become self-sufficient, or long-term support in cases of lengthy marriages.
Next Steps for New Jersey Residents
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