New Jersey Divorce Laws
Each state has its own laws governing divorce. While New Jersey's divorce laws conform to those of other states in that they have residency requirements, specify grounds for divorce and make provisions for division of the marital estate, they do contain unique provisions with respect to no-fault divorces and the types of spousal support that can be awarded. This state also has a very unique provision that waives certain requirements when adultery is alleged.
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Residency and Filing Requirements
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The state of New Jersey requires either you or your spouse to be a resident of the state for at least one year before the filing date. Exceptions apply when a divorce is filed on the fault ground of adultery, in which case at least one spouse must be a New Jersey resident. After this time, a petitioner may initiate proceedings with a complaint for divorce, which is usually filed in the petitioner's county of residence. If the petitioner wasn't living in the state at the time of the cause of action, the complaint is filed in the county where the respondent spouse resides.
No-Fault Grounds and Separation Requirement
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Either spouse can file for divorce on no-fault grounds in New Jersey. This basically states that neither spouse "breached" the marital contract through action or behavior. However, if a divorce is filed on no-fault grounds, New Jersey requires a couple to be separated for at least 18 months prior to the filing for divorce. The married couple must live in separate residences during this time.
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Fault Grounds
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New Jersey law sets forth eight "fault" grounds for divorce. These include extreme cruelty, adultery, abandonment, substance or alcohol addiction, institutionalization, deviant sexual conduct and incarceration. Filing on grounds of fault waives the separation requirement applied to no-fault divorces.
Division of Community Property
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Division of the marital estate in New Jersey is equitable, as to ensure that property is distributed fairly between the divorcing spouses. A court can take into consideration any factor it deems relevant when dividing community property. However, by law, it is required to consider certain factors. Some of these include how long the couple was married and the age and health of both spouses; the income or property brought to the marriage by each spouse; and the standard of living that was achieved during the marriage. The court will also consider the earning capacity of each spouse to include education, job skills, work experience and any lengthy absence away from the workplace, such as time taken to take care of the couple's children. Also factored in is the extent one spouse deferred their own career goals at the expense of the other's.
Spousal Support
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New Jersey has five types of spousal support. Rehabilitative alimony is a short-term monetary award that allows a spouse to go back to school or obtain training to re-enter the workforce. Limited duration alimony is awarded in cases of a short marriage when rehabilitative alimony doesn't apply but the circumstances of the divorce justify that one spouse receive some type of support. Reimbursement alimony is awarded when one spouse makes a personal sacrifice so that the other spouse could receive professional or career training; this alimony is limited in nature, and may include of household expenses and the cost of the spouse's education. Alimony pendent lite is awarded when a divorce is pending so that both parties can maintain their current standard of living until a final judgment is made.
New Jersey is one of few states that still awards permanent alimony, which lasts for the duration of the obligor's lifetime. This is awarded when a marriage is at least 10 years in duration and one spouse has become economically dependent on the other. Permanent alimony permits the obligee to maintain the lifestyle to which she has become accustomed.
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