New Jersey Divorce Law Frequently Asked Questions
When you’re going through a divorce, it can be an emotional, confusing process. Below are frequently asked questions that come up during the divorce process for our Family Law group. Please note that many of these questions are specific to New Jersey divorce law.
How do I start the divorce process in New Jersey?
A divorce generally begins when one spouse files a Complaint for Divorce with the Superior Court of New Jersey. Before filing, it is often helpful to consult with a family law attorney to understand your rights, gather relevant financial information, and identify issues that may need to be addressed, including custody and parenting time, support, and the division of assets and debts.
How long does a divorce take in New Jersey?
The length of a divorce depends on the circumstances of each case. An uncontested divorce in which the parties have resolved their issues may be completed relatively quickly, while a contested matter involving custody, complex finances, business interests, or other disputed issues may take considerably longer. New Jersey courts generally seek to resolve divorce cases within one year after the filing of the Complaint, although complex cases may require additional time.
How is property divided in a New Jersey divorce?
New Jersey follows the principle of equitable distribution, which means that marital property is divided fairly based upon the circumstances of the marriage – not necessarily equally. Courts consider numerous statutory factors when determining an equitable distribution of marital assets and liabilities. Certain property, such as qualifying premarital assets, inheritances, and gifts from third parties, may be exempt from equitable distribution depending upon the circumstances.
How is alimony determined in New Jersey?
There is no single formula that determines alimony in New Jersey. Courts consider a number of statutory factors, including the parties’ needs, their respective incomes and earning capacities, the length of the marriage, the marital standard of living, parental responsibilities, and the age and health of the parties. Depending upon the circumstances, New Jersey recognizes several different forms of alimony.
How is child support calculated in New Jersey?
Child support is generally calculated using the New Jersey Child Support Guidelines, which consider factors including each parent’s income, the parenting-time arrangement, the number and ages of the children, health insurance costs, childcare expenses, and certain other financial circumstances. Additional considerations may apply in higher-income families or when a child has needs or expenses that are not fully addressed by the Guidelines.
How do New Jersey courts determine child custody and parenting time?
Custody and parenting-time decisions are based on the best interests of the child. New Jersey courts consider numerous statutory factors, including the parents’ ability to communicate and cooperate, the child’s relationship with each parent and siblings, the stability of each home, the child’s educational needs, the parents’ employment responsibilities, any history of domestic violence, and the safety and needs of the child. There is no single parenting arrangement that is appropriate for every family.
Can custody, parenting time, child support, or alimony be modified after a divorce?
In many circumstances, yes. Certain family-law obligations may be modified when there has been a sufficient change in circumstances. Depending on the issue, this could include a significant change in income or employment, changes affecting a child’s needs or schedule, relocation, or other developments occurring after the original agreement or court order. Whether modification is appropriate depends upon the particular obligation and facts involved.
What is the difference between mediation and arbitration in a New Jersey divorce?
Both mediation and arbitration are forms of alternative dispute resolution that can allow parties to resolve issues outside of a traditional trial. In mediation, a neutral mediator assists the parties in attempting to reach their own agreement but generally does not decide the dispute. In arbitration, the parties authorize an arbitrator to decide specified disputed issues, subject to the terms of their arbitration agreement and applicable law.
Do I have to go to court to get divorced in New Jersey?
Not necessarily in the sense of having a contested trial. Many divorce cases are resolved through negotiation, mediation, the Early Settlement Panel process, or other forms of alternative dispute resolution. When the parties reach a comprehensive settlement, the court can incorporate their agreement into the Judgment of Divorce. If important issues cannot be resolved, however, the court may ultimately need to decide them.
What happens to a business or professional practice in a New Jersey divorce?
Business interests and professional practices may be subject to equitable distribution to the extent they constitute marital property. Determining the marital value of a business can require a detailed review of financial records and, in some cases, a valuation by a qualified expert. The treatment of the business will depend on factors including when and how the interest was acquired, its value, and the particular circumstances of the case.
