FAQ Divorce Questions
Answers You Can Trust From Experienced New Jersey Divorce Lawyers
The end of a marriage can be difficult to process. To add to the burden, those who are beginning the divorce process may be overwhelmed with questions and all the complicated jargon surrounding court proceedings and legal documents.
This is why it’s important to have accurate information about divorce. Otherwise, you can’t make informed decisions about what to do next. That’s why our New Jersey divorce attorneys at Williams Law Group, LLC want to help.
Below, you can find the answers to some of the most common questions about divorce. Our responses are based on years of working with people filing for divorce in New Jersey. As a result, we have an in-depth understanding of New Jersey’s divorce laws and how the legal system actually works when it comes to divorce.
– Michelle
What Is Your Divorce Question?
- Is New Jersey a 50/50 divorce state?
- Is New Jersey a no-fault divorce state?
- Is Adultery Grounds For Divorce in NJ?
- What Are Other Grounds For a Fault Divorce in New Jersey?
- Do You Need a Reason For Divorce in New Jersey?
- How Long Do You Have To Be Separated Before Divorce in NJ?
- What is a Wife Entitled To in a Divorce in New Jersey?
- What is a Dissolution of Marriage?
- How is Spousal and Child Support Determined?
- Difference between Legal Separation and Divorce?
- What is Divorce Mediation?
- What is Divorce Arbitration?
- What is a Contested Divorce?
- How Can a New Jersey Divorce Lawyer Help?
Don’t see your specific question listed above? Don’t worry. We can help. Simply contact our law firm and schedule an appointment with one of our highly skilled New Jersey divorce lawyers. We can answer your questions and explain your legal options.
Williams Law Group, LLC – here to help you move forward with your life.
Is New Jersey a 50/50 divorce state?
No. Instead, New Jersey has what’s known as an “equitable distribution” approach when it comes to dividing a couple’s financial assets as part of a divorce. This might sound simple. But each person’s definition of “equitable distribution” is often quite different. As a result, many couples filing for divorce often have a lot of disagreements about asset division. This is why it’s important to talk with a divorce attorney who understands New Jersey’s legal system when it comes to equitable distribution of assets.
Is New Jersey a no-fault divorce state?
The short answer? Yes and no. New Jersey allows couples to file for a no-fault divorce or a fault divorce. As a result, New Jersey is considered a hybrid divorce state since it allows both types of divorces. In order to file for a no-fault divorce, New Jersey has several requirements in most cases:
- One spouse has lived in New Jersey for at least 12 months.
- One spouse states the couple has had “irreconcilable differences” for at least six months.
In addition, if one spouse has lived in New Jersey for at least one year, they can file for a no-fault divorce if the couple has been living apart in separate homes for at least 18 months.
Is Adultery Grounds For Divorce in NJ?
Yes. A spouse can file for divorce in New Jersey if the other spouse has committed adultery or certain other types of misconduct. Often, one spouse will cite adultery when filing a fault-based divorce in New Jersey. By doing so, there is no waiting period in New Jersey when filing for divorce due to adultery. One spouse can file for a fault divorce immediately based on the grounds of adultery.
What Are Other Grounds For a Fault Divorce in New Jersey?
Along with adultery, someone can file for a fault divorce in New Jersey if they claim one of the following types of misconduct occurred during the marriage:
- Physical abuse.
- Alcohol addiction or drug addiction.
- Spouse deserted them more than 12 months ago.
- Spouse imprisoned for more than 18 months.
Do You Need a Reason For Divorce in New Jersey?
Yes. Under New Jersey law, you need to provide a reason when filing for divorce. Because New Jersey allows no-fault divorces, many people simply cite “irreconcilable differences” when filing for divorce. As a result, you don’t have to go into great detail about why you want a divorce, as long as you meet the other state requirements (described above) when filing for divorce in New Jersey.
How Long Do You Have To Be Separated Before Divorce in NJ?
The short answer? It depends. If you’re filing for a no-fault divorce in New Jersey, you only need to show that you have had “irreconcilable differences” for at least six months. You do not need to be living apart in order to file for divorce.
If you are filing for divorce on the grounds of separation, you will need to show that you and your spouse have been living apart for at least 18 months. Because of the longer time period, many people seeking a divorce often simply cite “irreconcilable differences” since they can do so after only six months in New Jersey.
What is a Wife Entitled To in a Divorce in New Jersey?
This is a question people often ask when filing for divorce. The short answer is it often depends on a wide range of issues involving both spouses. Because New Jersey’s divorce laws are based on the equitable distribution of assets, each spouse often receives their equitable or fair share of all assets acquired during the marriage.
Such assets can include the family house, vehicles, money from joint bank accounts and some or all of the contents of the house. Depending on the couple’s financial situation, the wife might also receive alimony. And if the couple has children, the wife may receive child support, especially if the wife is the custodial parent, the legal term for the parent who lives primarily with children after a divorce.
What is a Dissolution of Marriage?
Dissolution of marriage is the key term used when the parties’ relationship is no longer a legal entity. This definition is used throughout New Jersey. In dissolving a marriage, one spouse first files a Complaint for Divorce—the lawsuit—which the other spouse answers to accordingly. That document tells the state that the parties wish to end the marriage.
Filing for divorce begins the process for the dissolution of a marriage. There are a lot of components that affect how parties will go about the dissolution process, such as issues of alimony or spousal support. Divorcing parents may also need to discuss child support and custody.
How is Spousal and Child Support Determined?
The larger wage earner in the dissolved relationship tends to have the obligation to provide the other party with support. However, if both parties have about the same amount of income, it may not be an issue and neither party would have to pay the other for alimony or spousal support.
Child support is determined by what both parties earn and how many overnights each party has with the children. This form of support could cover any costs associated with raising a child that one parent would not have available income for. Therefore, it could include any out-of-pocket expenses, health insurance, or work-related childcare.
Difference between Legal Separation and Divorce?
In New Jersey, there is no such thing as legal separation. Some couples use the phrase colloquially to mean they do not live under the same roof. Whether or not parties live together or consider themselves “legally separated” before their divorce does not have any impact on how the matter is resolved. Dissolution is the only way to legally terminate their marriage.
Physical separation between divorcing spouses could create financial problems if they are maintaining two households instead of one. They will have to discuss this in the financial context of dissolving their marriage. However, it may not affect their ability to get a divorce.
What is Divorce Mediation?
Mediation is a term used in divorce to describe an alternative means to resolve certain disputes. It can be a useful tool in divorce proceedings if both parties want to be honest, maintain a level of trust, and keep costs down. Couples that wish to negotiate may hire a mediator to help them resolve their issues rather than having the court decide for them. The mediator does not represent either side and aims to bring both parties to an agreement. Mediation can help with quick, smooth resolutions, but it is only possible if both parties are willing to discuss their wishes and come to a compromise. A dedicated attorney could advise couples who are considering this option and help them choose a local mediator.
What is Divorce Arbitration?
Arbitration in divorce differs from mediation because it tends to be binding. In arbitration, both parties agree to go to a specific individual who makes binding determinations as if they had gone to court. Even if a party says they have reached an agreement in mediation, they can still change their mind. Arbitration has a more definitive ending.
This process is also private and allows divorcing couples to have more control than if they go to trial with a judge who is assigned to them. Parties can decide on their own arbitrator rather than putting determinations solely in the hands of the court.
What is a Contested Divorce?
Contested divorce is another key term commonly used during the marriage dissolution process in New Jersey. It means that parties are not in agreement on specific issues relating to the dissolution of their marriage. Areas of disagreement could include:
- Alimony
- Child support
- Equitable distribution of assets
- Custody and parenting time
- Payment of legal fees
- Health and life insurance
Sometimes divorcing spouses are in agreement on most, but not all, of the issues. In these cases, their attorneys may try to help them focus on the contested matters to limit litigation and shorten the divorce process. An uncontested divorce means parties agree on everything and their legal counsel has put together a settlement agreement on every issue.
How Can A New Jersey Divorce Lawyer Help?
The more you learn about the divorce process in New Jersey, the more you realize just how complicated and confusing the entire system can be for everyone. And because the stakes are so high, it’s critical that you fully understand all the legal options available when filing for divorce in New Jersey.
An experienced New Jersey divorce attorney familiar with the state’s wide range of rules and regulations related to divorce can guide you through this complex legal process. That way, you can make sure you know your rights and make smart decisions about your future.