New Jersey divorce laws
Child
Support
 The
amount of child support (cash payments) will
be determined by New Jersey divorce
laws. Guidelines are based on
the income of both parents with the expectation
that the higher income earner pay a greater
share of that amount. There are child support
service offices around the state if you wish
to go to one. New Jersey uses ACSES, the
Automated Child Support Enforcement System
to help track enforcement of child support
orders. New Jersey courts will consider the
following, as spelled out in the child support
guidelines:
- The needs and liability of the child;
- The standard of living and economic circumstances of each parent;
- All sources of income and assets of each parent;
- The earning ability of each parent including education, training, skills and experience;
- The need and capacity of the child for education;
- The age and health of earning capacity of each parent and child;
- The income, assets and earning ability of the child;
- The responsibility of the parent for court ordered support of others;
- The reasonable debts and liabilities of each parent and child; and,
- Any other factors the court deems relevant and just
Any order or judgment that includes child support will include provisions indicating which party is responsible for maintaining health care coverage for the child and the terms and conditions by which that coverage is to be maintained.
| Divorce Myth: It is usually men who initiate divorce proceedings. Reality: Two-thirds of all divorces are initiated by women. One recent study found that many of the reasons for this have to do with the nature of our divorce laws. For example, in most states women have a good chance of receiving custody of their children. Because women more strongly want to keep their children with them, in states where there is a presumption of shared custody with the husband the percentage of women who initiate divorces is much lower. Also, the higher rate of women initiators is probably due to the fact that men are more likely to be "badly behaved." Husbands, for example, are more likely than wives to have problems with drinking, drug abuse, and infidelity. |
Residency 
Sixty days isn't much
to ask, is it? The petitioner or respondent
must have been an actual resident of the
state for 60 days immediately preceding the
filing of the petition. New Jersey divorce
statutes require this before a petition for
divorce can proceed.
Any person who has been a resident of or stationed at a United States post or military reservation within the state for 60 days immediately preceding the filing of the petition may file an action for divorce in any county adjacent to the post or reservation.
A spouse may have a residence in this state separate and apart from the residence of the other spouse.
Child
Custody
 New
Jersey divorce statutes charge the courts
with putting the best interests
of the children above those of their parents.
The courts will make judgments or orders
concerning care, custody, education and maintenance
and the minor children. Minors will not be
taken forcibly or against the will of the
parent having custody by the other parent
without a court order. Further considerations
by the court will include:
- 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
Grounds
New Jersey divorce statutes allows for no
fault divorces based un the parties having lived
separate and apart without cohabitation for
an uninterrupted period of eighteen (18)
months. The general grounds upon which a
divorce may be obtained are:
- Adultery;
- Desertion for 12 or more months
- Extreme cruelty (any physical or mental cruelty)
- Separation for 18 months or longer
- Addiction to any narcotic drug or drunkenness for a period of 12 or more consecutive months
- Institutionalization for mental illness for a period of 24 or more consecutive months
- Imprisonment for 18 or more consecutive months
- Deviant sexual conduct voluntarily performed by the defendant without the consent of the plaintiff.
| Divorce Myths: Divorce may cause problems for many of the children who are affected by it, but by and large these problems are not long lasting and the children recover relatively quickly. Reality: Divorce
increases the risk of interpersonal problems in children. There
is evidence, both from small qualitative studies and from large-scale,
long-term empirical studies, that many of these problems are
long lasting. In fact, they may even become worse in adulthood. |
Mediation
New Jersey has established a mandatory education program to be known as the "Parents' Education Program." It is designed to assist and advise divorced parents on issues concerning divorce, separation and custody.
The purpose of the program is 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 7.) Understanding
that cooperation may sometimes be inappropriate in cases
of domestic
violence
Alimony
 The
New Jersey courts have the ability to order
alimony by one party for the benefit of the
other in any manner it sees fit. New Jersey
divorce statutes provide the framework for
the courts. Consideration of who will provide
for the majority of care, custody, education
and maintenance of the children will factor
into any alimony decision. Reasonable and
just are the operative words here. Note:
when a couple has a track record of one parent
staying home to care for the children while
the other works outside the home, the courts
will, in most cases, consider the stay-at-home
parents contribution to the marriage to be
equal to that of the "bread-winner".
The court will consider any or all of the
following factors, and may consider factors
not detailed here: 1.) The actual need and
ability of the parties to pay; 2.) The duration
of the marriage; 3.) The age, physical and
emotional health of the parties; 4.) The
standard of living established in the marriage
and the likelihood that each party can maintain
a reasonably comparable standard of living;
5.) The earning capacities, educational
levels, vocational skills, and employability
of the parties; 6.) The length of absence
from the job market of the party seeking
maintenance; 7.) The parental responsibilities
for the children; 8.) 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; 9.) 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; 10.) The equitable distribution
of property ordered and any pay outs on equitable
distribution, directly or indirectly, out
of current income, to the extent this consideration
is reasonable, just and fair; 11.) The income
available to either party through investment
of any assets held by that party; 12.) 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 13.) Any other factors which
the court may deem relevant.
| Divorce Myth: Living together before marriage is a good way to reduce the chances of eventually divorcing. Reality: Many studies have found that those who live together before marriage have a considerably higher chance of eventually divorcing. The reasons for this are not well understood. In part, the type of people who are willing to cohabit may also be those who are more willing to divorce. There is some evidence that the act of cohabitation itself generates attitudes in people that are more conducive to divorce, for example the attitude that relationships are temporary and easily can be ended. |
Waiting
Period
There is no waiting period, other than the
18 month uninterrupted separate-living requirement needed to obtain a no-fault
divorce.
Grandparents
Rights
 A
grandparent
or any sibling
of
a child residing in
this State may make
application
for an order
for
visitation. Grandparents
rights
are conferred
by
Federal law and reaffirmed
by New Jersey divorce
laws.
It
is
the
burden of the applicant
to
prove that the granting
of visitation is in the best interests of
the child. The court will consider the following
factors in making that decision: 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
|
