NJ Divorce Law
For the court to have jurisdictional rights to hear a divorce case in New Jersey, the residency requirements set forth in NJ divorce law must be satisfied. The conditions for residency require that either spouse be a resident of New Jersey for a minimum of one year. The only exception where immediate filing is permitted without fulfilling this requirement is when adultery is the grounds for divorce.
Once this requirement is met, the grounds for divorce must be established in which there are two classifications, no-fault and fault. When a couple pursues a no-fault divorce, it implies that neither spouse participated in a direct action that led to filing for divorce. Prior to obtaining a no-fault divorce, couples must live separately in different residences for at least eighteen months and agree that there is no chance of reconciling.
If a fault divorce is pursued, it indicates that one spouse is accusing the other of directly causing the divorce. NJ divorce law considers adultery, voluntary desertion for at least twelve months, physical or mental cruelty, alcoholism, voluntary addiction, imprisonment for over eighteen months, and deviant sexual content all grounds for obtaining a fault divorce.
New Jersey is a state that enforces equitable distribution, which means that belongings are not split 50/50. Instead, the court considers a variety of factors and based on that information, makes a decision on what is reasonable. Any element considered relevant by the court may be addressed during the decision making process. A decision must also be determined regarding whether the couple's financial arrangement will include spousal support.
When children are involved, there is also the topic of child custody and support. According to New Jersey state legislature, the best arrangement for a child with two fitting parents is to regularly spend time with both of them. Children should always take priority over everything else, which is why the majority of professionals push for joint custody arrangements. This way children can spend time with both sets of parents.
The complexity of NJ divorce law, combined with the fact that all divorce cases are unique, makes for unpredictable situations. Avoid the unknown and eliminate any surprises by hiring an attorney to manage your case. Divorce is a serious legal matter that must be addressed in a professional fashion. Hire the attorneys from Reinherz & Reinherz Law Offices and you will be provided with expert assistance. We are here to help guide you through this process and assist you in understanding the divorce laws involved in your case.
