New Jersey allows either no-fault or fault grounds as the basis for seeking a divorce. You can also seek a divorce if you have been separated from your spouse for at least 18 months. Divorce in New Jersey based on fault grounds may provide an advantage in a contested child custody case, or if there is a dispute about the division of marital property. Divorce based on fault grounds can also play a role determining the both the appropriateness and/or amount of alimony. The complexities of divorce are unique to every individual, and to learn more about your potential divorce, you need to call and speak to a Radom & Wetter divorce attorney. Below are some answers to some common questions out clients have asked us.
Is there a residency requirement for divorce in New Jersey?
Yes, but only for one party. That means either you or your spouse must be a resident of New Jersey for at least one year before filing for divorce.
How is property divided in New Jersey?
New Jersey is an equitable division state. In equitable division states, each spouse owns the income he or she earns during the marriage, including the right to manage any property that’s in his or her name solely. However, exactly whose name is on what property isn’t the only deciding factor. Rather, the judge will divide marital property in a way that the judge determines to be fair, but fair isn’t necessarily mean exactly equal. This is one reason you need an experienced divorce lawyer to advocate your claim to the judge.
How is child custody determined in New Jersey?
Similar to other states, New Jersey courts begin each child custody case with a presumption that it’s best for a child to have frequent and continuing contact with both parents after a divorce. That means that when possible, judges want to support joint custody arrangements. However, the final nature of the custodial time-share mandated by the judge will be determined by the children’s best interests.
Guiding you through the divorce process in New Jersey
The attorneys of Radom & Wetter understand the stress and emotional strain of divorce and will help you to understand the legal process, setting your expectations for what will and will not be allowed by the court. Our attorneys are empathetic listeners and will guide you in your decision-making process so that the terms of your divorce are in keeping with your best potential outcome.
Contact Radom & Wetter
If you require professional legal advice and representation regarding personal issues anywhere in New Jersey, make sure your legal rights are protected by seeking the legal advice of an experienced law firm. Contact us at 908-707-1500 or use our Contact Form.