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Frequently Asked Questions

General Questions

According to the statute in New Jersey, if you’re married over 20 years it’s open duration alimony. If you are married under 20 years, it depends on statutory factors.

The division of marital assets in a manner that is fair but not necessarily equal.

Child support is calculated pursuant to guidelines. Typically, the most important facts that go into the guidelines (or “worksheets”) are the number and age of the children, each parent’s income, the amount of annual overnights each parent spends with the children, and health care expenses.

Under New Jersey law, neither parent can remove children (born in New Jersey or who have lived here for at least five years) from the State of New Jersey without the other parent’s consent or a court order.

  1. Irreconcilable Differences. This ground for divorce is most commonly used. It allows either spouse to file a Complaint for divorce without any specific reason. The only statements the party filing for divorce must make are: 1) there has been a breakdown of the marriage for a period of six months; which makes it appear that the marriage should be dissolved; and 2) there is no reasonable prospect of reconciliation.
  2. 18 Month Separation. Neither spouse is required to offer evidence of fault or wrongdoing. The Complaint must state that you and your spouse have lived in different residences for 18 months or more and that the months have been consecutive. You must state that there is no reasonable prospect of reconciliation. Living in the same residence in different bedrooms does not fulfill the requirement. You do not have to file any documents to start the running of the 18 months. At the end of 18 months you will file a sworn statement that you and your spouse have been separated, living separate and apart, in different residences for 18 months or more and you do not expect to reconcile.
  3. Adultery. If your spouse is having an affair and you know the name and address of the “other spouse” you may file for a divorce based on adultery.
  4. Extreme Cruelty. This ground includes all acts of physical violence and acts of mental cruelty which endanger your safety or health, or which make continued living together unreasonable or improper. 
  5. Imprisonment. If your spouse has been in a prison for 18 months or more consecutive months. The entire 18 months must be after the marriage began. The Complaint for divorce should be filed while your spouse is in prison. If your spouse is released and you resume living together, you no longer qualify for a divorce under this ground.
  6. Willful And Continued Desertion, Physical. If your spouse moved out of the marital home and your spouse has been gone for at least 12 months. The desertion must be for 12 consecutive months. If you and your spouse agree that you will separate and that your spouse will move out, you may still file a Complaint based on desertion.
  7. Willful And Continued Desertion, Sexual. Sexual desertion is a persistent refusal by your spouse to engage in sexual relations with you for a period of 12 months or more. This type of desertion cannot be by mutual consent. Your spouse must refuse to engage in relations you desire and would engage in if your spouse were willing.
  8. Voluntarily Induced Addiction. If your spouse is an alcoholic or drug addict and the alcoholism or drug abuse must be for 12 consecutive months or more.
  9. Mental Illness. If your spouse has been in an institution for 24 months or more, you are entitled to a divorce. The institutionalization must be for 24 consecutive months and the entire 24 months must be after the wedding ceremony.
  1. You need to be lawfully married. New Jersey allows people to file for a divorce in the State of New Jersey if they are lawfully married. You can file for divorce in New Jersey even if your marriage ceremony took place outside of New Jersey. It does not matter if your marriage ceremony took place in New Jersey, or in any other State in the United States, or even in another country, so long as your marriage is recognized as a lawful marriage in New Jersey.
  2. You and/or your spouse must satisfy the “residency requirements.” 
  3. You must have a “ground” (a legally acceptable reason) to end your marriage. 
  4. File an uncontested or contested divorce. You determine if you and your spouse can agree on the terms of your divorce (and be able to file for an “uncontested” divorce), or if you disagree and will be having a “contested” divorce. 
  5. Distribute joint marital property. If you and your spouse have any joint marital property (assets or debts) they can be divided in your divorce.
  6. The payment of spousal support, if requested by either spouse, can be included in your divorce.
  7. Resolve child custody, visitation and child support if there are minor children. If you and your spouse have minor children from your marriage, the issues of child custody, visitation and child support can be included in your divorce.

When the Complaint for Divorce is filed, either the spouse who files it (the plaintiff) or the spouse whom it is served on (the defendant) must have lived in New Jersey for at least 1 year.

The New Jersey State Court filing fees are $300, for parties without children, and $325, for parties with children as the Parent Education Workshop is required by the Court. If the plaintiff is granted a low income fee waiver by the Court they will not have to pay the filing fees.

No one can predict exactly how long it will take to finalize a divorce. However, by using 1-800-Divorce our customers can quickly prepare their New Jersey Uncontested Divorce forms online. The Courts in each county may have different backlogs of Uncontested Divorce actions. Generally speaking, once all of the divorce forms that are required to file for an Uncontested Divorce have been filed with the Court, it can take at least 4-6 weeks or more for the divorce papers to be reviewed by a Judge.

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Divorce in New Jersey

According to the statute in New Jersey, if you’re married over 20 years it’s open duration alimony. If you are married under 20 years, it depends on statutory factors.

The division of marital assets in a manner that is fair but not necessarily equal.

Child support is calculated pursuant to guidelines. Typically, the most important facts that go into the guidelines (or “worksheets”) are the number and age of the children, each parent’s income, the amount of annual overnights each parent spends with the children, and health care expenses.

Under New Jersey law, neither parent can remove children (born in New Jersey or who have lived here for at least five years) from the State of New Jersey without the other parent’s consent or a court order.

  1. Irreconcilable Differences. This ground for divorce is most commonly used. It allows either spouse to file a Complaint for divorce without any specific reason. The only statements the party filing for divorce must make are: 1) there has been a breakdown of the marriage for a period of six months; which makes it appear that the marriage should be dissolved; and 2) there is no reasonable prospect of reconciliation.
  2. 18 Month Separation. Neither spouse is required to offer evidence of fault or wrongdoing. The Complaint must state that you and your spouse have lived in different residences for 18 months or more and that the months have been consecutive. You must state that there is no reasonable prospect of reconciliation. Living in the same residence in different bedrooms does not fulfill the requirement. You do not have to file any documents to start the running of the 18 months. At the end of 18 months you will file a sworn statement that you and your spouse have been separated, living separate and apart, in different residences for 18 months or more and you do not expect to reconcile.
  3. Adultery. If your spouse is having an affair and you know the name and address of the “other spouse” you may file for a divorce based on adultery.
  4. Extreme Cruelty. This ground includes all acts of physical violence and acts of mental cruelty which endanger your safety or health, or which make continued living together unreasonable or improper. 
  5. Imprisonment. If your spouse has been in a prison for 18 months or more consecutive months. The entire 18 months must be after the marriage began. The Complaint for divorce should be filed while your spouse is in prison. If your spouse is released and you resume living together, you no longer qualify for a divorce under this ground.
  6. Willful And Continued Desertion, Physical. If your spouse moved out of the marital home and your spouse has been gone for at least 12 months. The desertion must be for 12 consecutive months. If you and your spouse agree that you will separate and that your spouse will move out, you may still file a Complaint based on desertion.
  7. Willful And Continued Desertion, Sexual. Sexual desertion is a persistent refusal by your spouse to engage in sexual relations with you for a period of 12 months or more. This type of desertion cannot be by mutual consent. Your spouse must refuse to engage in relations you desire and would engage in if your spouse were willing.
  8. Voluntarily Induced Addiction. If your spouse is an alcoholic or drug addict and the alcoholism or drug abuse must be for 12 consecutive months or more.
  9. Mental Illness. If your spouse has been in an institution for 24 months or more, you are entitled to a divorce. The institutionalization must be for 24 consecutive months and the entire 24 months must be after the wedding ceremony.
  1. You need to be lawfully married. New Jersey allows people to file for a divorce in the State of New Jersey if they are lawfully married. You can file for divorce in New Jersey even if your marriage ceremony took place outside of New Jersey. It does not matter if your marriage ceremony took place in New Jersey, or in any other State in the United States, or even in another country, so long as your marriage is recognized as a lawful marriage in New Jersey.
  2. You and/or your spouse must satisfy the “residency requirements.” 
  3. You must have a “ground” (a legally acceptable reason) to end your marriage. 
  4. File an uncontested or contested divorce. You determine if you and your spouse can agree on the terms of your divorce (and be able to file for an “uncontested” divorce), or if you disagree and will be having a “contested” divorce. 
  5. Distribute joint marital property. If you and your spouse have any joint marital property (assets or debts) they can be divided in your divorce.
  6. The payment of spousal support, if requested by either spouse, can be included in your divorce.
  7. Resolve child custody, visitation and child support if there are minor children. If you and your spouse have minor children from your marriage, the issues of child custody, visitation and child support can be included in your divorce.

When the Complaint for Divorce is filed, either the spouse who files it (the plaintiff) or the spouse whom it is served on (the defendant) must have lived in New Jersey for at least 1 year.

The New Jersey State Court filing fees are $300, for parties without children, and $325, for parties with children as the Parent Education Workshop is required by the Court. If the plaintiff is granted a low income fee waiver by the Court they will not have to pay the filing fees.

No one can predict exactly how long it will take to finalize a divorce. However, by using 1-800-Divorce our customers can quickly prepare their New Jersey Uncontested Divorce forms online. The Courts in each county may have different backlogs of Uncontested Divorce actions. Generally speaking, once all of the divorce forms that are required to file for an Uncontested Divorce have been filed with the Court, it can take at least 4-6 weeks or more for the divorce papers to be reviewed by a Judge.

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Permanent Alimony

According to the statute in New Jersey, if you’re married over 20 years it’s open duration alimony. If you are married under 20 years, it depends on statutory factors.

The division of marital assets in a manner that is fair but not necessarily equal.

Child support is calculated pursuant to guidelines. Typically, the most important facts that go into the guidelines (or “worksheets”) are the number and age of the children, each parent’s income, the amount of annual overnights each parent spends with the children, and health care expenses.

Under New Jersey law, neither parent can remove children (born in New Jersey or who have lived here for at least five years) from the State of New Jersey without the other parent’s consent or a court order.

  1. Irreconcilable Differences. This ground for divorce is most commonly used. It allows either spouse to file a Complaint for divorce without any specific reason. The only statements the party filing for divorce must make are: 1) there has been a breakdown of the marriage for a period of six months; which makes it appear that the marriage should be dissolved; and 2) there is no reasonable prospect of reconciliation.
  2. 18 Month Separation. Neither spouse is required to offer evidence of fault or wrongdoing. The Complaint must state that you and your spouse have lived in different residences for 18 months or more and that the months have been consecutive. You must state that there is no reasonable prospect of reconciliation. Living in the same residence in different bedrooms does not fulfill the requirement. You do not have to file any documents to start the running of the 18 months. At the end of 18 months you will file a sworn statement that you and your spouse have been separated, living separate and apart, in different residences for 18 months or more and you do not expect to reconcile.
  3. Adultery. If your spouse is having an affair and you know the name and address of the “other spouse” you may file for a divorce based on adultery.
  4. Extreme Cruelty. This ground includes all acts of physical violence and acts of mental cruelty which endanger your safety or health, or which make continued living together unreasonable or improper. 
  5. Imprisonment. If your spouse has been in a prison for 18 months or more consecutive months. The entire 18 months must be after the marriage began. The Complaint for divorce should be filed while your spouse is in prison. If your spouse is released and you resume living together, you no longer qualify for a divorce under this ground.
  6. Willful And Continued Desertion, Physical. If your spouse moved out of the marital home and your spouse has been gone for at least 12 months. The desertion must be for 12 consecutive months. If you and your spouse agree that you will separate and that your spouse will move out, you may still file a Complaint based on desertion.
  7. Willful And Continued Desertion, Sexual. Sexual desertion is a persistent refusal by your spouse to engage in sexual relations with you for a period of 12 months or more. This type of desertion cannot be by mutual consent. Your spouse must refuse to engage in relations you desire and would engage in if your spouse were willing.
  8. Voluntarily Induced Addiction. If your spouse is an alcoholic or drug addict and the alcoholism or drug abuse must be for 12 consecutive months or more.
  9. Mental Illness. If your spouse has been in an institution for 24 months or more, you are entitled to a divorce. The institutionalization must be for 24 consecutive months and the entire 24 months must be after the wedding ceremony.
  1. You need to be lawfully married. New Jersey allows people to file for a divorce in the State of New Jersey if they are lawfully married. You can file for divorce in New Jersey even if your marriage ceremony took place outside of New Jersey. It does not matter if your marriage ceremony took place in New Jersey, or in any other State in the United States, or even in another country, so long as your marriage is recognized as a lawful marriage in New Jersey.
  2. You and/or your spouse must satisfy the “residency requirements.” 
  3. You must have a “ground” (a legally acceptable reason) to end your marriage. 
  4. File an uncontested or contested divorce. You determine if you and your spouse can agree on the terms of your divorce (and be able to file for an “uncontested” divorce), or if you disagree and will be having a “contested” divorce. 
  5. Distribute joint marital property. If you and your spouse have any joint marital property (assets or debts) they can be divided in your divorce.
  6. The payment of spousal support, if requested by either spouse, can be included in your divorce.
  7. Resolve child custody, visitation and child support if there are minor children. If you and your spouse have minor children from your marriage, the issues of child custody, visitation and child support can be included in your divorce.

When the Complaint for Divorce is filed, either the spouse who files it (the plaintiff) or the spouse whom it is served on (the defendant) must have lived in New Jersey for at least 1 year.

The New Jersey State Court filing fees are $300, for parties without children, and $325, for parties with children as the Parent Education Workshop is required by the Court. If the plaintiff is granted a low income fee waiver by the Court they will not have to pay the filing fees.

No one can predict exactly how long it will take to finalize a divorce. However, by using 1-800-Divorce our customers can quickly prepare their New Jersey Uncontested Divorce forms online. The Courts in each county may have different backlogs of Uncontested Divorce actions. Generally speaking, once all of the divorce forms that are required to file for an Uncontested Divorce have been filed with the Court, it can take at least 4-6 weeks or more for the divorce papers to be reviewed by a Judge.

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