NJ Divorce Law

Information About

This section gives a general description of the legal process and the laws that apply to NJ divorce issues. The divorce law in New Jersey is divided into two basic areas:

1. The procedural rules applicable to obtaining the divorce; and

2. The statutes, case law and Rules of court that apply to the issues, such as custody, support and property distribution.

Contact our team for reliable legal advice about New Jersey divorce.

How to Get a Divorce in NJ

A divorce is obtained by securing a divorce judgment through the Family Court. This judgment often incorporates an agreement (referred to as a Matrimonial Settlement Agreement) that is worked out between the parties, whether through negotiations between counsel, mediation, collaborative practice or a combination of the above.

If the matter cannot be resolved the matter can be concluded by a decision from an arbitrator or Trial Judge. The divorce itself is commenced through the filing of a divorce Complaint alleging one of the causes of action for a divorce that is recognized in New Jersey.

Where Do I Start When Filing for Divorce in NJ?

When making the decision to file for divorce in New Jersey, you will first need to decide if you are filing for a fault or no-fault divorce. Then, you will need to begin filing the necessary documents, including the Filing Letter to the Court, the Certification of Insurance, and others. The best way to ensure you are filing the required paperwork and abiding by New Jersey civil law is by relying on an experience New Jersey divorce lawyer.

How Quickly Can I Get Divorced in NJ?

New Jersey courts mandate that a divorce can take no longer than 12 months, but the exact timeline of your divorce case depends on a few different variables. To file for divorce in New Jersey, at least one spouse has to be living in the state for at least a year, and if you are filing for a no-fault divorce, you must be separated for at least 18 months.

Requirements surround waiting periods, crime convictions, reasons of insanity and other conditions can also hinder your divorce proceedings. It’s important to speak with a qualified divorce lawyer to complete the process efficiently and correctly.

Other Laws for New Jersey Divorce

The New Jersey Legislature has passed statutes that provide many of the general principles for addressing the issues in a divorce.

• There are Child Support Guidelines that have been promulgated that presumptively apply for families who make less than $187,200.00 net (after taxes) per year.
• There is no automatic calculator for alimony, but there are general factors that are to be considered by the Court.
• For property distribution, New Jersey is an Equitable Distribution State. There is no automatic equal division of assets and liabilities acquired during the marriage, but rather there are a number of factors the Court is to consider to arrive at a fair division. It is important to note, that equitable does not necessarily mean equal.

In addition to the statutes, the New Jersey Courts have made decisions that may apply to your case. As comprehensive as the law may be in this area, issues in a divorce are very fact-specific and often there is no simple answer.

Connect With Our NJ Divorce Lawyers

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Get experienced, award-winning legal representation for divorce in NJ. Contact the Law Office of Darren C. O'Toole, LLC today!