Do you have questions about the divorce process in New Jersey? It’s common to feel uncertain when facing decisions that can impact your family and finances for years to come. At Joseph J. Russell Divorce & Family Law Attorney of Wilentz, Goldman & Spitzer, P.A., we can answer your questions and provide guidance through each step of the process. Contact us today for an initial consultation to begin planning your future with confidence.
What Are the General Requirements for Filing a Petition for Divorce in New Jersey?
You must meet a few basic requirements to file for divorce in New Jersey. First, at least one spouse must have lived in New Jersey for a minimum of one year before filing, except in cases of adultery. You also need to establish valid reasons (grounds) for the divorce. New Jersey recognizes both fault grounds, such as adultery or cruelty, and no-fault grounds, such as irreconcilable differences or separation.
Does It Matter Who Files for Divorce First in New Jersey?
No. Filing first does not give one spouse a major legal advantage in the New Jersey divorce process. However, the person who files first, known as the plaintiff, might gain some control over initial scheduling and the pace of the process. Additionally, filing first can impact where the divorce case takes place, as the case is usually handled in the county where the plaintiff lives.
Does New Jersey Grant Divorces Based on Marital Fault?
Yes, New Jersey allows spouses to file for divorce by alleging that the other spouse is at fault. Filing a fault-based divorce requires more effort but can offer some strategic benefits, especially if issues like alimony or custody are in dispute. For example, if one spouse proves the other’s fault, the court might take the fault into consideration when determining alimony or property division.
What Is the Difference Between a Contested and Uncontested Divorce?
A contested divorce occurs when spouses cannot agree on one or more issues, such as child custody, division of assets, or alimony. This can lead to more court involvement, take longer, and involve higher legal costs. An uncontested divorce occurs when both spouses agree on all major issues. This type of divorce typically moves more quickly through the legal process and can save both time and money.
Is New Jersey a Community Property or 50/50 State for Divorce Matters?
Yes. New Jersey is an equitable distribution or “50/50” state, where courts divide marital property based on what is fair, even if this does not always result in a 50/50 split. The court considers various factors, like the length of the marriage and each spouse’s finances and contributions to the marriage. This approach means that one spouse might receive more than the other, depending on these and other factors.
What Is the Difference Between Marital Property and Separate Property?
Marital property includes assets and debts acquired during the marriage, such as homes, cars, and joint bank accounts. Both spouses have a right to this property, and New Jersey courts aim to divide it equitably during a divorce. Separate property, which stays with you after divorce, includes assets either spouse owned before marriage or received individually during the marriage, like inheritances or gifts.
Can I Divorce Without Splitting Assets?
You generally must divide marital assets and debts in a New Jersey divorce. However, separate property typically stays with the original owner. If you and your spouse agree to a specific division of assets, you might have more flexibility in how you split them. A judge must still review the agreement, however, to ensure fairness and compliance with state laws.
Who Could Get the House in a Divorce?
The disposition of the marital home after a divorce depends on several factors, such as each spouse’s contributions to the property and who will primarily care for any children. If you and your spouse agree, you can decide on the house’s future yourselves. Otherwise, the court might order one spouse to buy out the other’s share, or the judge might require a sale and division of the proceeds.
Are Prenuptial and Postnuptial Agreements Enforceable In New Jersey?
Yes, New Jersey recognizes prenuptial and postnuptial agreements as long as both parties enter into them voluntarily and with full disclosure of assets and debts. The court might enforce these agreements during a divorce, but they must be fair and reasonable at the time of signing and not unconscionable at the time of enforcement.
How Is Child Custody Determined in a New Jersey Divorce?
In New Jersey, child custody decisions prioritize the best interests of the child. The court considers various factors, including each parent’s ability to care for the child, the child’s relationship with each parent, and each parent’s work schedule. Judges can grant joint custody or sole custody, depending on what benefits the child. The court encourages parents to agree on parenting plans, as cooperative arrangements usually lead to better outcomes for children.
What If I Need to Change My Custody Arrangement or Parenting Plan?
If you need to modify your custody arrangement or parenting plan, you must show that a significant change in circumstances has occurred since the original order. For example, you might request a modification if your work schedule changes, you need to move, or the other parent fails to meet their responsibilities. A judge will review your request and assess whether the proposed modifications serve the child’s best interests.
How Are Alimony and Child Support Calculated In New Jersey?
In New Jersey, alimony and child support depend on factors like each spouse’s income, the marriage’s length, and the children’s needs. The court uses state guidelines to calculate child support based on both parents’ incomes and the time each spends with the child. Alimony determinations also consider factors like each spouse’s financial situation, standard of living during the marriage, and earning potential.
What Is Divorce Mediation and Alternative Dispute Resolution?
Divorce mediation and other alternative dispute resolution (ADR) methods offer ways to resolve divorce issues outside of court. In mediation, a neutral mediator helps you and your spouse negotiate agreements on matters like child custody, property division, and support. Other ADR methods, like collaborative divorce or arbitration, also allow you to work through disputes without a lengthy court process. These approaches can save time and money while reducing conflict.
Can Allegations of Domestic Violence Impact My Divorce in New Jersey?
Yes, allegations of domestic violence can significantly impact a divorce in New Jersey. If one spouse accuses the other of domestic violence, the court might issue a restraining order, which can affect child custody, parenting time, and who remains in the family home. Domestic violence claims can also impact financial matters, as judges may consider a spouse’s behavior when awarding alimony or dividing assets.
What Can I Expect My Divorce Case Timeline to Be?
The timeline for a divorce can vary depending on several factors, including whether the divorce is contested or uncontested and the complexity of the issues at stake. An uncontested divorce, where both parties agree on all major matters, could resolve within months. A contested divorce involving disputes over assets, custody, or support could last a year or more. Each divorce process is unique, and factors like mediation or court availability can also affect the timing.
How Much Could My Divorce Cost Me?
The cost of divorce varies based on factors like the level of conflict, attorney fees, and whether you use mediation. An uncontested divorce typically costs less than a contested one, as it involves fewer court appearances and less effort on your attorney’s part. You might pay a few thousand dollars for a simple, uncontested divorce, while a contested divorce can cost tens of thousands. Your lawyer can help you estimate costs based on your specific case.
What Is a Retainer Agreement?
A retainer agreement is a contract between you and your lawyer that outlines the terms of your legal representation and payment. By signing this agreement, you agree to pay a retainer fee as an upfront deposit for the lawyer’s services. The retainer fee covers your attorney’s initial work on your case, and they continue deducting fees from it as they provide services. The agreement also explains how you will handle any additional costs if they arise.
What Documents Should I Bring to My First Meeting with a Divorce Attorney?
For your first meeting with a divorce attorney, you should gather documents that provide a clear picture of your financial situation and family matters. Bring recent pay stubs, tax returns, and bank statements that show all your income and assets. You should also provide any prenuptial or postnuptial agreements, mortgage or rental agreements, and information on debts. If you have children, bring documents related to their needs, such as school or medical records. These materials will help the attorney assess your case and discuss possible divorce strategies with you.
