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Starting Your Divorce Journey in New Jersey: What You Need to Know

Starting Your Divorce Journey in New Jersey

Divorce is a difficult process, but with the right information and guidance, it can be a little easier. If you’re considering divorce in New Jersey, here’s what you need to know:

Grounds for Divorce

In New Jersey, you can file for divorce based on “fault” or “no-fault” grounds. “Fault-based” grounds include adultery, extreme cruelty, abandonment, imprisonment, and substance abuse. A “no-fault” divorce can happen if the couple can’t get along, is living apart, or hasn’t been intimate for at least a year.

It’s important to remember that if you want a divorce based on fault, you’ll need proof to back up your claim.

Residency Requirements

In order to file for divorce in New Jersey, at least one spouse must have lived in the state for at least 12 consecutive months prior to filing. If you’re filing for divorce on grounds of adultery, desertion, or extreme cruelty, you only need to have lived in New Jersey for three consecutive months.

Property Division

New Jersey is an “equitable distribution” state, which means that when a couple gets divorced, their property is split fairly, but not always equally. This includes all assets and debts acquired during the marriage. It’s important to note that separate property, such as gifts or inheritances, is not subject to division. When deciding how to divide property, the court looks at how long the couple has been married, what each person brought to the marriage, and the economic circumstances of each spouse. 

Child Custody and Support

If you have children, custody and support will be major considerations in your divorce. New Jersey courts prioritize the best interests of the child when making custody and support decisions. There are two types of custody: legal custody, which refers to the right to make major decisions about the child’s life, and physical custody, which refers to where the child will live. Factors that the court considers include the child’s relationship with each parent, each parent’s ability to provide for the child’s needs, and the child’s wishes. Child support is based on a number of things, like how much money each parent makes, what the child(ren) needs, the number of children, and how much time each parent spends with the child(ren).

Alimony

New Jersey allows several types of alimony, including temporary, limited duration, rehabilitative, and permanent. When deciding how much alimony to give, the court will look at things like how long the couple was married, how well they lived together, and how much each person could earn.

Mediation and Collaborative Divorce

Mediation and collaborative divorce are alternative resolution methods that can help couples reach an agreement that works for both of them outside of court. These options can save time and money and give the parties more say over how things turn out.

Getting Help

When filing for divorce in New Jersey, it is strongly suggested that you hire a lawyer. Divorce can be a complex and emotional process, so it’s important to have the right support. An experienced divorce lawyer can help you get through the legal process, protect your rights, and ensure that your interests are represented. They can also help you negotiate a fair settlement and provide guidance on issues like child custody and support.

Contact Cordry Hartman, LLC Today For a Free Consultation About Your New Jersey Divorce Case

If you’re considering divorce in New Jersey, contact Cordry Hartman, LLC. We understand that divorce can be a difficult and emotional process and that it affects every aspect of your life. That’s why we’re committed to providing compassionate and knowledgeable support to our clients every step of the way. Our experienced family law attorneys have the knowledge and compassion to help you through this difficult time. We’ll work with you to understand your unique situation and provide guidance on the best course of action for you and your family. With Cordry Hartman, LLC, you don’t have to face divorce alone. Contact us today to learn more about how we can help you start your divorce journey on the right foot.