|
Need
Help?
How much would
you be willing to
pay for expert
advice that can
make or break your case? Click on a topic below: |
|
 |
New
Jersey Divorce
Recovery |
|
|
|
|
|
|
| |
 |
|
|
|
|
Divorce
Forms |
|
Child Support
 New
Jersey divorce laws determine how child support
is to be computed
and assigned to parents of children in this state.
Family law dictates that 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 family law
directs that the courts will consider the following: 1.
The needs and liability of the child; 2. The standard
of living and economic circumstances of each parent;
3. All sources of income and assets of each parent;
4. The earning ability of each parent including
education, training, skills and experience; 5.
The need and capacity of the child for education;
6. The age and health of earning capacity of each
parent and child; 7. The income, assets and earning
ability of the child; 8. The responsibility of
the parent for court ordered support of others;
9. The reasonable debts and liabilities of each
parent and child; and, 10. 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.
Back to Top↑ |
|
 |
Lawyer Advertising
Child Custody
New Jersey divorce laws
charge the courts with putting the best interests
of the children above those of their parents in
child custody determinations and all other areas.
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: 1. the
parents' ability to agree, communicate and cooperate
in matters relating to the child; 2. the parents'
willingness to accept custody and any history
of unwillingness to allow parenting time not based
on substantiated abuse; 3. the interaction and
relationship of the child with its parents and
siblings; 4. the history of domestic violence,
if any; |
5.
the safety of the child and the safety of either
parent from physical abuse by the other parent;
6. the preference of the child when of sufficient
age and capacity to reason so as to form an intelligent
decision; 7. the needs of the child; the stability
of the home environment offered; 8. the quality
and continuity of the child's education; 9. the
fitness of the parents; 10. the geographical proximity
of the parents' homes; 11. the extent and quality
of the time spent with the child prior to or subsequent
to the separation; 12. the parents' employment
responsibilities; and 13. the age and number of
the children.
Having primary child
custody does not permit one to use it in any form
to punish or penalize the other parent. This includes
not denying child custody (visitation, co-parenting)
if the other parent is delinquent on paying child
support.
Back to Top↑
|
|
|
 |
Visitation/Co-Parenting
Visitation in New Jersey,
or more recently known as 'co-parenting', is permitted
as a part of child custody. NJ Courts will decide
a visitation schedule if you two are unable to.
A typical visitation schedule will look like every
other weekend and one or two nights during the
week, and alternating holidays. Failure to exercise
one's visitation privileges can result in the
custodial parent beginning a court action to increase
child support. Make sure everything is in writing.
Who picks up and drops off. Who pays what. Right
of first refusal if the custodial needs to find
a care-giver/sitter for occasions such as sickness,
work demands et. al.
Back
to Top↑ |
|
|
 |
Alimony/
Maintenance/ Spousal Support
The New Jersey family law
courts have the ability to order alimony (also
known as spousal support or maintenance)by one
party for the benefit of the other in any manner
it sees fit. 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.
Back
to Top↑ |
|
|
 |
Grounds
For Divorce
New Jersey isn't much better
than New York when it comes to accepted grounds
for divorce. You either have to accuse your spouse
of one of the eight marital misconducts below
[fault divorce], or live apart from your soon-to-be
ex for eighteen months, and use that separation
as the basis for your petition [no-fault divorce].
Amazing, huh? 1. Adultery; 2.
Desertion for 12 or more months 3. Extreme cruelty
(any physical or mental cruelty) 4. Separation
for 18 months or longer 5. Addiction to any narcotic
drug or drunkenness for a period of 12 or more
consecutive months 6. Institutionalization for
mental illness for a period of 24 or more consecutive
months 7. Imprisonment for 18 or more consecutive
months 8. Deviant sexual conduct voluntarily performed
by the defendant without the consent of the plaintiff.
|
Back to
Top↑ |
|
 |
Marriage
Annulment
Marital Annulment
A marriage annulment in
New Jersey family law is a legal process in much
the same way as a divorce is and treats a marriage
as if it never occurred. An annulment can carry
with it less stigma than a divorce does, and for
those with religious concerns, annulments can
pave the way for subsequent religious annulments
or future marriages. There are four 'grounds'
accepted for annulments in this state. Fraud is
the most common plea for annulment. An example
of fraud would be that your spouse represented
that they could have children, and you find out
later that wasn't true. Another example of fraud
eligible for annulment would be if someone married
you while still married to someone else. Concealing a
material fact would be grounds for annulment.
An example would be if someone concealed an addiction
to alcohol or drugs, a felonious criminal past
or that they have children. Inability to consummate the
marriage is a ground for annulment. A significant misunderstanding or deception would
be a condition for a marital annulment. An example
would be that your spouse indicated a desire for
children but now says no way.
Back
to Top↑ |
|
|
|
 |
| |
Marriage
Counseling/
Meditation
New Jersey family law
provides for 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.
It is a form of marriage counseling. The course
can be the gateway for mediation.
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.
Back to Top↑
|
|
|
 |
|
Legal
Separation/
Marital Separation
As a resident of New Jersey,
you will need to craft a separation agreement
in advance of a marriage annulment, and have it
be details that your spouse is willing to fully
agree to. In all but the simplest cases, people
retain an attorney to have a separation agreement
completed properly. You will need to have all
details of caring for any children of the marriage,
how you'll pay the expenses of two homes, and
what you plan to do with the marital assets. Legal
separation (or marital separation)is most often
pursued when one of the parties wants to stay
married for religious reasons, wants the advantage
of deductibility of spousal support payments for
income tax reasons, wants to maintain various
insurance coverage's, or do not want to wait the
state statutory waiting period for termination
of marital status.
Back
to Top↑ |
|
|
 |
|
Waiting
Period
New Jersey divorce laws
provide that there is no waiting period, other
than the 18 month uninterrupted separate-living
requirement needed to obtain a no-fault divorce. |
Back to Top↑ |
|
 |
|
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 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; and 8.) Any other
factor relevant to the best interests of the child.
State
Fact Sheets for Grandparents and Other Relatives
Raising Children |
Back to Top↑ |
|
 |
|
Divorce
Settlement
New Jersey is an equitable
distribution state as it relates to property settlement.
If you and your spouse are unable to reach a divorce
settlement, the court will step in. Equitable
distribution is defined as dividing the marital
assets in an equitable (or fair) manner, but not
necessarily an equal one. in most every case,
you and your spouse will be much better off if
you can agree on a divorce settlement.
Factors the court may consider
are: (1) The duration of the marriage; (2) The
age and physical and emotional health of the parties;
(3) The income or property brought to the marriage
by each party; (4) The standard of living established
during the marriage; (5) Any written agreement
made by the parties before or during the marriage
concerning an arrangement of property distribution;
(6) The economic circumstances of each party at
the time the division of property becomes effective;
(7) 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; (8) The contribution by each
party to the education, training or earning power
of the other; (9) The contribution of each party
to the acquisition, dissipation, preservation,
depreciation or appreciation in the amount or
value of the marital property, as well as the
contribution of a party as a homemaker; (10) The
tax consequences of the proposed distribution
to each party; (11) The present value of the property;
(12) 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; (13)
The debts and liabilities of the parties; (14)
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;
(15) The extent to which a party deferred achieving
their career goals; and (16) Any ante nuptial
settlements the couple may have constructed in
writing.
Did you come into this marriage
owning a house? Concerned about the equity in
that house that you brought into the marriage?
Worried about having a pre-marital asset be subject
to a divorce settlement? Here's how it works generally.
What you brought into the marriage is usually
all yours. However, any appreciation of the house
or the property value is normally treated as a "marital
asset", meaning that you will likely forfeit
a third to a half of that appreciation to your
spouse in the divorce.
Back
to Top↑ |
|
|
Residency
Requirements
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
residency 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.
Back
to Top↑ |
|
|
|
|
|
|
|
