Either spouse must have been a resident of New Jersey for at least one year prior to filing unless the cause for the divorce is adultery. In this case, then at least one spouse can be a New Jersey resident of any length of time.

New Jersey does not require legal separation before divorce. Unlike some states, New Jersey does not have formal legal separation. As noted above, some grounds of divorce do require specific periods of separation.

The non-custodial parent can be obligated to pay child support to the custodial parent. New Jersey’s philosophy is that children should not suffer economically because of divorce. The state uses numerous factors to determine child support.
The amount of child support is based on the following:

•  Number of Children
• Both Parents’ Incomes
• Amount of Time Spent with Each Parent Judges can deviate from the basic guidelines if the parents’ incomes are very high or low, if a child is special needs, if a parent has financial obligations for a disabled family member, or other criteria.

Spousal support, also called alimony, can be granted depending on a variety of factors. Factors include the length of the marriage, the age and health of both spouses, the standard of living established in the marriage, and the earning capacities of both parties. State law does not require the marriage to last a minimum length of time to qualify for spousal support.

There are four types of alimony possible in Somerset County:

• Open Durational Alimony
• Limited Duration Alimony
• Rehabilitative Alimony
• Reimbursement Alimony

New Jersey is an equitable distribution state. That means that assets and debts are divided in what is considered fair and equitable, which is not necessarily 50/50. Generally, separate non-marital assets remain with the spouse that owns them, but a judge does have the authority to give separate property to the other party to create equity. Equitable distribution guidelines are used when the courts determine the division, but an out-of-court negotiated settlement is driven by the spouses.

Divorce from bed and board is not a full divorce. Some couples no longer want to live together but don’t want to officially divorce either, sometimes due to religious or other concerns. Divorce from bed and board resolves financial aspects of the divorce as well as custody and visitation agreements. Post-nuptial agreements can also serve this purpose. Either way, the two parties remain technically married so neither party can remarry.

If you are considering divorce, contact Lane & Lane, LLC to schedule a consultation to talk about the specifics of your situation. Call us at (908) 259-6673 or submit our online form.