You must file paperwork with the Family Division of your local Superior Court to get a divorce in New Jersey. You do not need to get your spouse to consent to a divorce. You can begin by filing a Complaint for Divorce/Dissolution for your particular circumstances, such as separation or extreme cruelty, and attaching appropriate evidence proving the grounds for divorce.
Along with the complaint, you will also need to complete and submit the following:
- Summons
- Certification of Verification and Non-Collusion, where you affirm that you are telling the truth with your assertions in the complaint and that this is the only attempt at divorce in which you and your spouse are involved
- Certification of Insurance, which informs the court of what sort of insurance you and your spouse have
- Certification of Notification of Complementary Dispute Resolution Alternatives (you/ve been made aware of mediation, etc.)
- Case Information Statement (CIS) if you are seeking child support
- Certification Regarding Redaction of Personal Identifiers
- Confidential Litigant Information Sheet
When you submit your complaint, the court will assign it to a judge and give it a docket number. At that point, you need to complete “service.” In the law, this is a technical term, meaning that someone not part of the case must deliver a copy of the Complaint and Summons and assorted other documents (they vary depending on the case) directly into the hands of your spouse.
This is most commonly accomplished by having the local sheriff complete service or hiring a private service company. You must serve the papers within 30 days of filing the complaint, and you must provide the court with written proof of service as soon as it is accomplished.
Fault vs. No-Fault
Fault Cases
When drafting your complaint, the first step will be to decide if you are filing a “fault” or a “no-fault’ case.
In a fault case, you allege that your spouse did something wrong, leading to the marriage’s breakdown. With fault divorce, your spouse must have either:
- Been institutionalized for mental health problems for at least 2 years
- Been incarcerated for at least 18 months
- Cheated on you
- Deserted you for at least one year
- Conducted deviant sexual behavior without your consent
- Engaged in a serious drug or alcohol addiction for at least one year
- Engaged in extreme mental or physical cruelty toward you makes it unsafe for you to continue cohabitating with the abuser. To file on the grounds of extreme cruelty requires proof of other factors. You should consult an attorney if this is your situation.
No-Fault Divorce (Divorce Based on “Irreconcilable Differences”)
No-fault divorce does not ask you to provide a reason for the divorce except to state that you have “irreconcilable differences.” You must be legally separated, meaning you must have voluntarily lived 18 months apart in separate residences without any intention of reconciling with one another.
Furthermore, one of the parties must have lived in New Jersey for 12 consecutive months before filing for divorce. Your irreconcilable differences must have been the case for at least 6 months and must be the cause for the breakdown of the marriage. Finally, you must be certain there is no way to reconcile.
How Will the Judge Divide our Assets? Is it Fifty-Fifty?
There are two forms of property ownership in the United States. One is called “Community Property,” and the other is called “Equitable Property.” In a community property state, all assets collected during the marriage are “owned” by both parties and split 50/50 in a divorce.
New Jersey is, instead, an equitable property state. The court is not required to divide all of the property equally between the two spouses. Rather, the court is obligated to divide any property owned by the couple in a manner that is fair to both parties, based on factors such as each spouse’s standard of living and age.
(Any property considered separate property is not subject to equitable distribution. Separate property is a property that either spouse owned before getting married, received as a gift or inheritance during the marriage, or as alimony.)
The first step in a division of assets is determining marital property and what is not. (Only marital assets are considered in a division of assets.) According to New Jersey law, marital assets are those accumulated during the marriage up until the day of separation. Marital assets include homes, personal property, cash, checking and savings accounts, retirement accounts, and businesses.
Equitable distribution involves the court placing a fair market value on each asset and dividing the assets equally. There are several factors that New Jersey courts will consider when making decisions about an equitable division of assets. Some of these may include:
- Length of the marriage
- Age, physical, and emotional health of both spouses
- Contribution of one of the parties as a homemaker
- Contribution of each party to the training, education, or earning capacity of the other
- Tax implications of the proposed distribution to each party
- Each spouse’s debt
- Time and expense that would be necessary for the parties to be self-supporting at a standard of living similar to the time of the marriage
- Any business ownership of either party or both parties
- Income and earning potential of each party
- Custodial arrangements for any children in the marriage
What Should I Do If There Are Children Involved?
Two of the most difficult areas in a divorce involve financial support for the couple’s children (child support) and custody. New Jersey requires both parents to attend a Parents’ Education Program the court provides. Once you and your spouse have completed the program, the court will allow you to figure out who will have custody and who will be required to pay child support.
If you and your spouse cannot agree, you will be required to file a Custody and Parenting Time/Visitation Plan, which will give you a chance to let the judge know your wishes regarding support and custody.
Child Support
Child support in New Jersey is calculated using the official Child Support Guidelines formula. It considers several factors, such as the parents’ income and the amount of time the children will spend with each parent. Courts are given leeway to deviate from the guidelines if it is felt that the standard computer-generated determination of child support would not meet or exceed the child’s reasonable needs or if each parent’s ability to provide support appears to be inappropriate or unjust.
Child support awards are not written in stone. Child support can be modified upward or downward if the parent seeking the modification shows a substantial change in their financial situation. This can include a job change, job loss, or even a parent’s time with their child.
Custody
New Jersey recognizes two types of child custody:
- Legal custody: This is when a parent can make important decisions affecting a child’s life. This may include medical treatment, where to go to school, and religious instruction
- Physical custody: This is where a child lives with a parent. One parent commonly has physical custody, and the other has visitation rights to minimize the disruption to a child’s life.
Several factors determine child custody arrangements, but the primary consideration is creating a situation that is in the child’s best interests. Courts will look at several factors in determining child custody, which can include:
- The child’s adjustment to home, school, and community
- If any domestic violence is present in the home
- The mental and physical health of all individuals who are involved
- The level of each parent’s involvement in significant past decisions regarding the child
- The wishes of the child, especially if they are older
- Any other factor the court deems relevant
New Jersey also recognizes visitation rights for grandparents, great-grandparents, and siblings of a minor child.
Do I Need to Pay Alimony?
New Jersey recognizes four kinds of alimony. They are:
- Open Duration Alimony: When a marriage lasts more than 20 years, and a former spouse does not have equal earning capacity, then alimony for an open-ended amount of time may be ordered. Alimony may end if the receiving spouse is remarried or the paying spouse becomes disabled or retires.
- Limited Duration Alimony: Payments are made for a fixed period that must be shorter than the length of the marriage. This type of alimony is reserved for marriages that lasted less than 20 years.
- Reimbursement Alimony: This type of alimony is awarded when one spouse has provided financial support to the other spouse so that they can pursue a higher level of education.
- Rehabilitative Alimony: This allows a financially dependent spouse to receive payments while they undergo training or education that will make them enter or rise in the job market. This type of alimony may include paying for the actual training or program costs.
Do I Need a Lawyer?
The decision to file for divorce is difficult, and having to work through the legal process on your own makes it even more difficult. While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the Rules of the Court, even if you are unfamiliar with them.
Once you decide to get divorced, it is best to talk to a New Jersey divorce lawyer to help you with the process. They can represent you in court and ensure you receive what you deserve.
