Basic Issues to Know About Getting Divorced in New Jersey

The process of dissolving a marriage often comes with numerous complex legal issues you need to address. These span many different areas of your life, ranging from the health and well-being of your children to your right to certain assets or property after your marriage has ended.

Grounds for divorce and residency

In New Jersey, you do not need to cite a reason for your divorce for the proceedings to move forward. All you must do is state that you and your spouse are experiencing “irreconcilable differences” that you are unable to resolve.

Additionally, you may seek a divorce if you and your spouse have not lived together for a minimum of 18 months, or if adultery, abuse, extreme cruelty, desertion, deviant sexual behavior or drug or alcohol abuse have impacted your relationship.

You may file a divorce petitions in any county where either spouse lives, so long as at least one spouse is a legal resident of New Jersey. To establish residency, a person must have resided in the state for a minimum of 12 months prior to filing the divorce petition.

Dividing assets and determining alimony

In New Jersey and other equitable distribution states, it is the court’s goal to divide assets fairly. It is important to understand, however, this this does not always translate to a perfectly equal distribution of assets and debts, as there are numerous factors involved in this process.

In some cases, the court may order that one spouse pay alimony or child support to the opposite partner. The purpose of alimony (or spousal support) payments is to support the spouse so that he or she can maintain the same standard of living after divorce enjoyed during the marriage. A person may also receive alimony on a temporary basis, giving the recipient some time and resources to gain the education and training needed to eventually become self-sufficient.

Key child custody and support issues

Parents must financially provide for the needs of their minor children they reach the age of 18. Child support is awarded based on several factors, including the healthcare needs of the child, educational requirements and the parents’ incomes and earning potential.

In nearly all cases, it’s best for parents to collaborate and create a mutually agreeable parenting plan when it comes to how they will continue to raise their children. In situations in which this is not possible, a court will form a child custody arrangement based on key factors, such as which parent is better suited to care for the physical and emotional needs of the children.

Speak with a New Jersey Divorce Lawyer

If you are starting the process of dissolving your marriage in New Jersey, you should seek the advice of a skilled lawyer as early in the process as possible. For further guidance on these and other issues, contact an experienced New Brunswick divorce attorney at the Law Office of Steven M. Cytryn.

Steven M. Cytryn
About the Author: Steven Cytryn
Steven M. Cytryn is the Managing Member of The Law Office of Steven M. Cytryn, LLC, and primarily focuses his practice on divorce and family law matters.