New Jersey is one of several no-fault divorce states in the U.S. It is called no-fault divorce because a spouse is not required to prove fault by the other spouse in order to be granted a divorce. Instead, if a couple has irreconcilable differences and meets other requirements, they may seek a divorce in New Jersey without being required to show specific wrongdoing by a spouse.
New Jersey no-fault divorce law
Before 2007, one of eight specific reasons had to be cited as the grounds for a divorce, and the spouse seeking the divorce had to prove that one of the fault-based grounds existed. These grounds include:
- Adultery
- Desertion
- Drug or alcohol addiction
- Imprisonment
- Institutionalization
- Deviant sexual conduct
- Extreme cruelty
In early 2007, however, New Jersey law was changed to allow divorce based on irreconcilable differences. This eliminated the requirement that a spouse must prove a fault-based ground exists to obtain a divorce.
Instead, under New Jersey's no-fault divorce law, a couple may seek a divorce if the couple has experienced irreconcilable differences for at least 6 months, there is no reasonable prospect of reconciliation and the irreconcilable differences are such that the marriage should be dissolved. In addition, the couple must have lived in New Jersey for at least 12 consecutive months prior to seeking the divorce.
Equitable distribution of marital property
After filing for divorce, New Jersey courts encourage couples to try to make an agreement themselves regarding the division of marital property and any child custody, child support, or alimony matters. Programs such as the Early Settlement Panel and mandatory economic mediation are used to help the couple reach an agreement.
However, if the couple cannot agree on property division, the judge will divide the couple's marital property according to the principles of equitable distribution. This means that the property will be divided in a fair and equitable manner, but not necessarily that all assets will be split 50/50 between the couple. When dividing marital property, judges consider several factors listed in the New Jersey statutes, including:
- The duration of the marriage
- The age and physical and mental health of the spouses
- The income and property each spouse brought to the marriage
- Any written agreement concerning property division made before or during the marriage
- The standard of living established during the marriage
- The income and earning capacity of each spouse
- The contribution of each spouse as a homemaker, to the education or earning power of the other spouse, or to the acquisition of marital property
- The needs of a custodial parent
When going through a divorce, it is important to have an experienced advocate on your side to protect and fight for your wishes. If you are considering getting divorced, contact a knowledgeable divorce attorney.
Get the sensitive counsel and aggressive representation you need to address significant asset and property division creatively and fairly. Contact me, Leonard Weitzman at (908) 333-4198 to schedule an initial consultation.
Website: http://www.weitzmanlaw.com/
Contact Information: Lenoard Weitzman
The Law Offices of Leonard A. Weitzman,
Bridgewater, New Jersey
United States
Voice: 908-333-4198
http://www.weitzmanlaw.com/
Source:
Divorce and property division in New Jersey
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