New Jersey code § 9:2-3. Custody of children
of parents living separately; powers of court
9:2-3. When the parents of a minor child live separately, or are about to do so, the Superior Court, in an action brought
by either parent, shall have the same power to make judgments or orders concerning care, custody, education and maintenance
as concerning a minor child whose parents are divorced. Until the court determines the final custody of the minor child and
unless the parties agree otherwise, the court shall determine temporary custody based upon the best interests of the child
with due regard to the caretaking arrangement that previously existed. No child shall be taken forcibly or against the will
of the parent having custody by the other parent without a court order. If the child has not, at the time of the commencement
of the action, reached the age of 16 years, and if it is represented to the court by affidavit or under oath that evidence
will be adduced involving the moral turpitude of either parent, or of the minor child, or that evidence will be adduced which
may reflect upon the good reputation or social standing of the child, then the court shall admit to the hearing of such case
only such persons as are directly interested in the matter then being heard. The records of such proceedings, including all
papers filed with the court, shall be withheld from indiscriminate public inspection, but shall be open to inspection by
the parents, or their attorneys, and to no other person except by order of the court made for that purpose.
New Jersey divorce statutes 9:2-4 Custody
of child; rights of both parents considered.
9:2-4. The Legislature finds and declares that it is in the public policy of this State to assure minor children of frequent
and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the
public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.
In any proceeding involving the custody of a minor child, the rights of both parents shall be equal and the court shall enter
an order which may include: a. Joint custody of a minor child to both parents, which is comprised
of legal custody or physical custody which shall include:
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(1) provisions for residential arrangements so that a child shall reside either solely with
one parent or alternatively with each parent in accordance with the needs of the parents and the child; and
(2) provisions
for consultation between the parents in making major decisions regarding the child's health, education and general welfare;
b. Sole custody to one parent with appropriate parenting time for the non custodial parent; or c. Any other custody arrangement
as the court may determine to be in the best interests of the child. In making an award of custody, the court shall consider
but not be limited to the following factors: the parents' ability to agree, communicate and cooperate in matters relating
to the child; the parents' willingness to accept custody and any history of unwillingness to allow parenting time not based
on substantiated abuse; the interaction and relationship of the child with its parents and siblings; the history of domestic
violence, if any; the safety of the child and the safety of either parent from physical abuse by the other parent; the preference
of the child when of sufficient age and capacity to reason so as to form an intelligent decision; the needs of the child;
the stability of the home environment offered; the quality and continuity of the child's education; the fitness of the parents;
the geographical proximity of the parents' homes; the extent and quality of the time spent with the child prior to or subsequent
to the separation; the parents' employment responsibilities; and the age and number of the children. A parent shall not be
deemed unfit unless the parents' conduct has a substantial adverse effect on the child. The court, for good cause and upon
its own motion, may appoint a guardian ad litem or an attorney or both to represent the minor child's interests. The court
shall have the authority to award a counsel fee to the guardian ad litem and the attorney and to assess that cost between
the parties to the litigation. d. The court shall order any custody arrangement which is agreed to by both parents unless
it is contrary to the best interests of the child. e. In any case in which the parents cannot agree to a custody arrangement,
the court may require each parent to submit a custody plan which the court shall consider in awarding custody. f. The court
shall specifically place on the record the factors which justify any custody arrangement not agreed to by both parents.
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New Jersey code § 9:2-7.1. Visitation rights
for grandparents, siblings
1.a. A grandparent or any sibling of a child residing in this State may make application before the Superior Court, in
accordance with the Rules of Court, for an order for visitation. It shall be the burden of the applicant to prove by a preponderance
of the evidence that the granting of visitation is in the best interests of the child. b. In making a determination on an
application filed pursuant to this section, the court shall consider the following factors: (1) The relationship between
the child and the applicant; (2) The relationship between each of the child's parents or the
person with whom the child is residing and the applicant; (3) The time which has elapsed since the child last had contact
with the applicant; (4) The effect that such visitation will |
have on the relationship between the child and the child's parents
or the person with whom the child is residing; (5) If the parents are divorced or separated, the time sharing arrangement
which exists between the parents with regard to the child; (6) The good faith of the applicant in filing the application;
(7) Any history of physical, emotional or sexual abuse or neglect by the applicant; and (8) Any other factor relevant to
the best interests of the child. c. With regard to any application made pursuant to this section, it shall be prima facie
evidence that visitation is in the child's best interest if the applicant had, in the past, been a full-time caretaker for
the child.
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New Jersey code § 9:2-4.2. Parental access
to children's records
1. a. Every parent, except as prohibited by federal and State law, shall have access to records and
information pertaining to his or her unemancipated child, including, but not limited to, medical, dental, insurance, child
care and educational records, whether or not the child resides with the parent, unless that access is found by the court
to be not in the best interest of the child or the access is found by the court to be sought for the purpose of causing detriment
to the other parent. |
b. The place of residence
of either parent shall not appear on any records or information released pursuant to the provisions of this section.
c. A child's parent, guardian or legal custodian may petition the court to have a
parent's access to the records limited. If the court, after a hearing, finds that the parent's access to the record is not
in the best interest of the child or that the access sought is for the purpose of causing detriment to the other parent,
the court may order that access to the records be limited.
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New Jersey code § 2A:34-12.3.
Mandatory education program established
 There is hereby established a
mandatory education program to be known as the “Parents’ Education
Program.”
The program shall be designed to assist and advise divorced parents on issues concerning divorce, separation and custody.
The program shall be made available twice a month. The program shall be administered by the Administrative Office of the
Courts. The Assignment Judge shall appoint appropriate staff to act as a program representative or representatives, as necessary,
for each county.
The purpose of the program shall
be to promote cooperation between the parties and to assist parents in resolving issues which may arise during the divorce
or separation process, including, but not limited to:
1. Understanding the legal process and cost of divorce or separation, including arbitration and mediation;
2. Understanding the financial responsibilities for the children; |
3. Understanding the interaction between parent and child,
the family relationship and any other areas of adjustment and concern during the process of divorce or separation;
4. Understanding
how children react to divorce or separation, how to spot problems, what to tell them about divorce or separation, how to
keep communication open and how to answer questions and concerns the children may have about the process;
5. Understanding
how parents can help their children during the divorce or separation, specific strategies, ideas, tools, and resources for
assistance;
6. Understanding how parents can help children after the divorce or separation and how to deal with new family
structures and different sets of rules; and
Understanding that cooperation may sometimes be inappropriate in cases of domestic violence.
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New Jersey code § Child Support,
Spousal Support & Alimony
In determining the amount to be paid by a parent for support of the child and the period during which the duty of support
is owed, the court in those cases not governed by court rule shall consider, but not be limited to, the following factors:
Needs of the child;
Standard of
living and economic circumstances of each parent;
All sources of income and assets
of each parent;
Earning ability of each parent,
including educational background, training, employment skills, work experience, custodial responsibility for children including
the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate
employment;
Need and capacity of the child
for education, including higher education;
Age and health of the child
and each parent;
Income, assets and earning ability
of the child;
Responsibility of the parents
for the court-ordered support of others;
Reasonable debts and liabilities
of each child and parent; and
Any other factors the court
may deem relevant.
In all actions brought for divorce, divorce from bed and board, or nullity the court may award one or more of the following
types of alimony: permanent alimony; rehabilitative alimony; limited duration alimony or reimbursement alimony to either
party. In so doing the court shall consider, but not be limited to, the following factors:
The actual need and ability
of the parties to pay;
The duration of the marriage;
The
age, physical and emotional health of the parties;
The standard of living established
in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living;
The earning capacities,
educational levels, vocational skills, and employability of the parties;
The length of absence from the
job market of the party seeking maintenance;
The parental responsibilities
for the children;
The time and expense necessary
to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability
of the training and employment, and the opportunity for future acquisitions of capital assets and income;
The history of the
financial or non-financial contributions to the marriage by each party including contributions to the care and education
of the children and interruption of personal careers or educational opportunities;
The equitable distribution of
property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent
this consideration is reasonable, just and fair;
The income available to either
party through investment of any assets held by that party;
The tax treatment and consequences
to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment;
and
Any other factors which the court
may deem relevant. When a share of a retirement benefit is treated as an asset for purposes of equitable distribution, the
court shall not consider income generated thereafter by that share for purposes of determining alimony.
In any case in which there is a request for an award of permanent alimony, the court shall consider and make specific
findings on the evidence about the above factors. If the court determines that an award of permanent alimony is not warranted,
the court shall make specific findings on the evidence setting out the reasons therefore. The court shall then consider whether
alimony is appropriate for any or all of the following:
1. limited duration;
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2.
rehabilitative;
3. reimbursement.
In so doing, the court shall consider and make specific findings on the evidence about factors set forth above. The court
shall not award limited duration alimony as a substitute for permanent alimony in those cases where permanent alimony would
otherwise be awarded.
An award of alimony for a limited duration may be modified based either upon changed circumstances, or upon the nonoccurrence
of circumstances that the court found would occur at the time of the award. The court may modify the amount of such an award,
but shall not modify the length of the term except in unusual circumstances.
In determining the length of the term, the court shall consider the length of time it would reasonably take for the recipient
to improve his or her earning capacity to a level where limited duration alimony is no longer appropriate.
4. Rehabilitative alimony shall be awarded based upon a plan in which the payee shows the scope of rehabilitation, the
steps to be taken, and the time frame, including a period of employment during which rehabilitation will occur. An award
of rehabilitative alimony may be modified based either upon changed circumstances, or upon the nonoccurrence of circumstances
that the court found would occur at the time of the rehabilitative award. This section is not intended to preclude a court
from modifying permanent alimony awards based upon the law.
5. Reimbursement alimony may be awarded under circumstances in which one party supported the other through an advanced
education, anticipating participation in the fruits of the earning capacity generated by that education.
6. Nothing in this section shall be construed to limit the court’s authority to award permanent alimony, limited duration
alimony, rehabilitative alimony or reimbursement alimony, separately or in any combination, as warranted by the circumstances
of the parties and the nature of the case.
7. In all actions for divorce other than those where judgment is granted solely on the ground of separation the court may
consider also the proofs made in establishing such ground in determining an amount of alimony or maintenance that is fit,
reasonable and just. In all actions for divorce or divorce from bed and board where judgment is granted on the ground of
institutionalization for mental illness the court may consider the possible burden upon the taxpayers of the State as well
as the ability of the party to pay in determining an amount of maintenance to be awarded.
8. In all actions where a judgment of divorce or divorce from bed and board is entered the court may make such award or
awards to the parties, in addition to alimony and maintenance, to effectuate an equitable distribution of the property, both
real and personal, which was legally and beneficially acquired by them or either of them during the marriage. However, all
such property, real, personal or otherwise, legally or beneficially acquired during the marriage by either party by way of
gift, devise, or intestate succession shall not be subject to equitable distribution, except that interspousal gifts shall
be subject to equitable distribution.
The remarriage of a former spouse receiving rehabilitative or reimbursement alimony shall not be cause for termination
of such alimony by the court unless the court finds that the circumstances upon which the award was based have not occurred
or unless the payer spouse demonstrates an agreement or good cause to the contrary.
Alimony shall terminate upon the death of the payer spouse, except that any arrearages that have accrued prior to the
date of the payer spouse’s death shall not be vacated or annulled.
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New Jersey code § Divorce Settlement;
property settlement
In making an equitable distribution of property, the court shall consider, but not be limited to, the following factors:
The duration of the marriage;
The age and physical and emotional
health of the parties;
The income or property brought
to the marriage by each party;
The standard of living established
during the marriage;
Any written agreement made by
the parties before or during the marriage concerning an arrangement of property distribution;
The economic circumstances of
each party at the time the division of property becomes effective;
The income and earning capacity
of each party, including educational background, training, employment skills, work experience, length of absence from the
job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or
training to enable the party to become self-supporting at a standard of living reasonably comparable to that
enjoyed during the marriage;
The contribution by each party
to the education, training or earning power of the other;
The contribution of each party
to the acquisition, dissipation, preservation, depreciation
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or appreciation in the amount or value of the marital property,
as well as the contribution of a party as a homemaker;
The tax consequences of the proposed
distribution to each party;
The present value of the property;
The need of a parent who has
physical custody of a child to own or occupy the marital residence and to use or own the household effects;
The debts and liabilities of
the parties;
The need for creation, now or
in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children;
The extent to which a party deferred
achieving their career goals; and
Any other factors which the court
may deem relevant. In every case, the court shall make specific findings of fact on
the evidence relevant to all issues pertaining to asset eligibility or ineligibility, asset valuation, and equitable distribution,
including specifically, but not limited to, the factors set forth in this section.
It shall be a rebuttable presumption that each party made a substantial financial or non financial contribution to the
acquisition of income and property while the party was married.
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New Jersey code § 2A:34-1. Causes
for judgments of nullity Annulments
Judgments of nullity of marriage may be rendered in all cases, when:
Either
of the parties has another wife or husband living at the time of a second or other marriage;
The parties are within the
degrees prohibited by law. If any such marriage shall not have been annulled during the lifetime of the parties the validity
thereof shall not be inquired into after the death of either party.
The parties, or either of
them, were at the time of marriage physically and incurably impotent, provided the party making the application shall have
been ignorant of such impotency or |
incapability at the time of the marriage, and has not subsequently
ratified the marriage.
The
parties, or either of them, lacked capacity to marry due to want of understanding because of mental condition, or the influence
of intoxicants, drugs, or similar agents; or where there was a lack of mutual assent to the marital relationship; duress;
or fraud as to the essentials of marriage; and has not subsequently ratified the marriage.
The
demand for such a judgment is by the wife or husband who was under the age of 18 years at the time of the marriage, unless
such marriage be confirmed by her or him after arriving at such age.
Allowable under the general equity jurisdiction of the Superior Court.
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The New Jersey divorce laws that
appear here may not include all provisions of Family Law. Some redacting has occurred. You should consult New Jersey code
or a New Jersey divorce attorney.
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