Question 1

What are the residency requirements for filing for divorce in New Jersey?

Accepted Answer

At least one spouse must have been a New Jersey resident for at least 12 months before filing (except for adultery grounds). You must meet this requirement before the court will accept your petition for divorce.

Question 2

Does New Jersey allow no-fault divorce?

Accepted Answer

Yes. New Jersey allows no-fault divorce based on irreconcilable differences for at least 6 months.

Question 3

How is property divided in a New Jersey divorce?

Accepted Answer

New Jersey follows equitable distribution principles for dividing marital property. This means the court divides property fairly, considering factors like each spouse's contributions, economic circumstances, and the length of the marriage.

Question 4

Is there a waiting period for divorce in New Jersey?

Accepted Answer

New Jersey does not have a formal post-filing waiting period, but the 6-month irreconcilable differences period must be met before filing.

Question 5

How is child custody determined in New Jersey?

Accepted Answer

New Jersey courts determine custody based on the best interests of the child, considering factors such as each parent's relationship with the child, the child's adjustment to home and school, the mental and physical health of all parties, and any history of domestic violence.

Question 6

How is child support calculated in New Jersey?

Accepted Answer

New Jersey uses state-specific child support guidelines that consider both parents' incomes, the number of children, custody arrangement, healthcare costs, and childcare expenses. You can find the state's child support calculator through the New Jersey court system website.

Question 7

Does New Jersey award alimony/spousal support?

Accepted Answer

Yes, New Jersey courts may award spousal support based on factors including the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, and each spouse's contributions. The type and duration of support vary based on the circumstances.

Question 8

Can I get a legal separation in New Jersey?

Accepted Answer

Most states, including New Jersey, offer some form of legal separation as an alternative to divorce. Legal separation allows spouses to live apart and divide assets without formally dissolving the marriage. Consult a local attorney to understand the specific options available in New Jersey.

Question 9

How long does a divorce take in New Jersey?

Accepted Answer

The timeline varies based on whether the divorce is contested or uncontested. An uncontested divorce in New Jersey may take as little as a few weeks to a few months after meeting any waiting period requirements. Contested divorces can take 6 months to over a year.

Question 10

How do I find a divorce attorney in New Jersey?

Accepted Answer

You can use our directory to browse divorce attorneys in New Jersey by city or county. Each listing includes attorney details, practice areas, and a confidential contact form to request a consultation.

New Jersey Divorce: Frequently Asked Questions

Find a Divorce Attorney in New Jersey