August 13, 2021
Divorce in New Jersey- What You Need to Know
Navigating the process of divorce can leave you with an endless stream of questions. Know that you are not alone! Just like you, our clients often have concerns about managing their divorce cases in a way that best supports their family's future. Understanding divorce laws and court proceedings in New Jersey will help address some of your concerns. If you are filing for divorce in NJ, here is what you need to know.
What are the grounds for divorce in NJ?
New Jersey is a hybrid divorce state, meaning you can file a no-fault or fault divorce. Filing a no-fault divorce requires you to have lived separately from your spouse for at least 18 months. Fault divorce can be filed if there were misconduct during the marriage, such as adultery, abuse, and drug or alcohol addiction.
What needs to be decided in a divorce?
The four major decisions involved in a divorce are property/asset division, alimony, child custody, and child support. New Jersey allows spouses to follow the rule of "equitable distribution" when dividing marital assets rather than "community property." This means that assets in New Jersey divorce cases are divided based on what is fair under the circumstances. Our lawyers are experts in equitable distribution and at safeguarding what matters to our clients. Rather than escalate issues, we work to resolve disputes as effectively and amicably as possible. Learn more about our approach to divorce mediation.
How is alimony determined calculated in NJ?
In New Jersey, there is no formula to determine the amount of alimony you will pay or receive. The court considers the need for financial support based upon conditions during the marriage, including the length of the marriage, the responsibility of children, income, and lifestyle.
Can alimony in NJ be modified?
Both parties can request a modification of alimony. A New Jersey family court judge will only grant a change in alimony if significant changes in circumstances warrant an adjustment. Significant changes may include a spouse's decrease in income, health condition, or even retirement. Alimony modifications are complex and require a knowledgeable lawyer. The legal team at Heymann and Fletcher have the local expertise in New Jersey law to negotiate and litigate your alimony case. Looking to modify your alimony in New Jersey? Find out how we can help.
What factors does a judge consider when determining child custody in NJ?
The best interest of the child is always the top priority when determining custody. Several factors impact custody decisions, including living situations, the parent’s relationship with the child, and the child's preference. Family court seeks to find the most stable, safe, and healthy living environment for a child. In some cases, that may mean sole custody is awarded to one parent, but often it means joint or shared custody.
How is child support determined in NJ?
The court uses a specific calculation to determine child support. Information like the child's age, parent's income, and medical expenses are included in a formula to calculate child support in NJ. Every family is different, and specific adjustments will be made by the court if necessary, which is why having an experienced family lawyer is so critical!
Our lawyers are here to answer any questions you have about New Jersey mediation, divorce, alimony, or child custody. We handle divorce and mediation cases across New Jersey in Morris, Roxbury, and Mendham counties. We hope answers to these commonly asked divorce questions help provide some clarity as you move forward with your divorce process in NJ. Give us a call at 973-895-4400 to schedule a free consultation with one of our family law attorneys.