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Laws & Courts:
New
Jersey Law - state statutes. Title 9, Chapters 1 through 2.2. Court Opinions - search full text versions of Supreme, Appellate and Tax Court decisions from the library at Rutgers Law School, Camden. Judiciary Family Division - extensive overview New Jersey's family court system.
New Jersey Child Support
Child Support Profile - profile the state's child support laws. Easy to use table layout includes information on UIFSA, reciprocity, age of majority (emancipation), statute of limitations, income withholding,
paternity, support order establishment, support enforcement, modification and review/adjustment. From the the Federal Office of Child Support Enforcement's "Interstate Roster and Referral Guide." NJ Child Support - New Jersey child support program information.
Additional Resources:
Fathers' and Children's Equality (FACE) - primary goal is fighting for equal parental access for children of New Jersey parents. Also offer assistance for a Non-Custodial Parents (NCP) living in New Jersey who have children in another state. General membership meeting on the second Tuesday of each month at the Cherry Hill library. It also holds four meetings at members' homes each month. The group's telephone hotline is 856-786-FACE New Jersey Council for Children's Rights - advocating every child's right to two parents and their extended families. NJCCR is the New Jersey chapter of the Washington-based Children's Rights Council (CRC).
Legal overview Divorce in New Jersey requires that you have been resident for at least one year, however there are exceptions for adultery. There are both no-fault and fault grounds upon which to obtain a divorce in New Jersey, while the most common way to obtain a divorce is based on a no-fault breakdown of the marriage. Read our detailed legal summary of New Jersey including grounds, residency, child custody, child support, alimony, property, and settlement agreements.
Residency
If you seek to file a divorce in New Jersey, it is important to be aware of the residency requirements prior to filing for your divorce. In order to file for divorce you or your spouse must have be a resident for at least 1 year, or when the cause of divorce is adultery which took place in New Jersey, there is no time requirement, only that one of the spouse must be a resident when filing. The papers for dissolution of marriage may be filed in any county.
Grounds
To file for divorce you must seek a divorce based on certain grounds. The available grounds include a no-fault ground which is separation for 18 consecutive months (must be living in separate residences) with no reasonable prospects of reconciliation.
The grounds that are available and referred to as fault grounds are institutionalization for mental illness for at least 24 consecutive months; deviant sexual conduct; imprisonment for at least 18 months; adultery (no time limit) willful and continued desertion for at least 12 months; habitual drunkenness or voluntary addiction; extreme cruelty, either bodily or mental.
Property
State statutes now provide for the "equitable" distribution of the marital property of the marriage at the time of the final divorce between the parties. "Marital Property" is defined as all jointly owned property and all other property, other than separate property, acquired by either or both of the parties during the marriage and up to the time of the final separation of the parties. "Separate Property" is property owned by one party at the time of the marriage or inherited property or gifts to one party from a third person and maintained as separate property. Where "Marital Property" and "Separate Property" are mixed together or where "Separate Property" is increased through the active efforts of either party during the marriage, then such property may be classified as "Part Marital" and "Part Separate" property.
In making its equitable distribution awards the courts are not only authorized to make monetary awards to one of the parties, but may also divide or order sold or transfer jointly owned marital property to one of the parties. The court in making its equitable distribution awards is not required to divide the marital property on an equal basis but rather, in deciding what an equitable division of marital property should be, will consider various factors listed in the Equitable Distribution Statute, including the relative monetary and non-monetary contributions of each of the parties to the well being of the family and to the acquisition and care of the marital property. Pensions and retirement plans are subject to the Equitable Distribution Statute to the extent that the same were accumulated during the course of the marriage of the parties.
Alimony
Due to increasing changes in the law and in society, including changes in sexual equality, this area of the law of divorce is in the process of great change. Under recent changes in the law, the fault of a spouse in causing a divorce may not be a complete bar to obtaining spousal support, but the cause of separation will be a factor that the court will consider in determining whether or not to award spousal support. Spousal support, when awarded, may be periodic and/or in a lump sum, the amount of which depends upon such factors as the respective ages, assets and earning potential of the parties and the duration and history during the marriage. Spouse support is not awarded to punish a guilty spouse but rather is to lessen the financial impact of divorce on the other spouse.
Child Custody
This is the most crucial issue in most divorces. In determining the custody of minor (under eighteen) children, the court is guided by one standard--the best interests of the child. Custody will not be given to a parent as a reward or as punishment to the guilty parent but rather to the one most adaptable to the task of caring for the child and able to control and direct the child.
Other factors considered may include the age of the parent and child, the physical and mental condition of the parent and child, the relationship existing between each parent and each child, the needs of the child, the role played by each parent in the upbringing and caring for the child, the home where the child will live and the child's wishes if the child is of sufficient age, intelligence and maturity to make such a decision. Custody may be changed if there is a marital change in circumstances.
The court will normally set visitation rights if the parents cannot voluntarily agree upon satisfactory arrangements. An important factor to the court in most custody cases is which parent will be the most likely to see to it that the non-custodial parent remains a strong part of the child or children's lives.
Child Support
Normally the party not having custody will be called upon to contribute to the support of the minor child. This could be an obligation of the mother as well as the father, or both, if a third person has custody of the child. The court is guided by the needs of the child and the ability of the supporting parent or parents to pay. The use of the state Child Support Guidelines provides an amount of child support that is presumed to be correct, but the court may deviate from these guidelines in appropriate circumstances. The award is subject to change so long as the obligation to support remains. It may be increased or decreased if a material change occurs in the circumstances of either or both of the parents of the child.
Settlement Agreement
A settlement agreement is a written contract between the parties that sets forth their rights, duties and obligations that arise out of their separation and divorce and may include such things as the division of their property, spousal support, attorney's fees, custody of their children and child support. Such agreements are encouraged since they may amicably settle the rights of the husband and wife in the estate and property of the other.
