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Overview of New Jersey Divorce

Filing for divorce is one of the most serious decisions that you may have to make on behalf of your family. You are both choosing to end a relationship and significantly alter your life as you know it. It is important that everyone seeking to divorce in New Jersey know about the relevant state laws that can impact their case.

What should I know about New Jersey divorce laws?

There are some usual questions that are asked when someone comes to speak with a lawyer. They seek to know how their property will be divided, who will get custody of the children, and whether they will receive support in the divorce settlement. The answers to some of these questions may cause some to reconsider whether filing is right for them or if they should wait before making this move.

Some important things to know before filing for divorce:

  • You can only file for divorce for irreconcilable differences, if you have lived apart from your spouse for at least 18 months, or someone is at fault for the marriage ending.
  • At least one spouse must have lived in New Jersey for one year in order to file, which must be done in their county of residence.
  • Property is divided according to equitable distribution laws, meaning each person gets what is fair, not necessarily an equal share of the marital property.
  • One spouse can be awarded temporary or permanent alimony depending on additional information, such the length of the marriage and earning capacity.
  • Child support is based on the child's needs and both parents' incomes and will be ordered until the child has reached the legal age of 18.
  • The court allows parents to develop a custody plan but can impose their own if they feel it honors the best interests of the child better.

If you are seeking to file for divorce, you should retain legal counsel to guide you through this difficult time. With over 60 years of service to our clients, our firm knows how sensitive and important this time of your life can be. We are here to represent your rights and interests in court.

Categories: Divorce & Family Law

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