New Jersey Divorce Laws: Your Top FAQs Answered

When considering a divorce in New Jersey, having a clear understanding of the legal process is essential. From child custody and support to the grounds for divorce, being informed about New Jersey divorce law can ease the journey ahead. Below, we address key questions surrounding the state’s divorce laws to help guide you through this important transition.

What Are the Residency Requirements for Filing for Divorce in New Jersey?

Before filing for divorce, one of the spouses must meet the residency requirement. In New Jersey, at least one spouse must have lived in the state for at least one year before filing.

What Are the Grounds for Divorce in New Jersey?

New Jersey offers both fault and no-fault grounds for divorce. The most common at fault ground is irreconcilable differences, where the marriage has been broken for at least six months with no reasonable prospect of reconciliation. This option is popular because it does not require either party to prove wrongdoing. 

Fault-based grounds include adultery, desertion, extreme cruelty, addiction to drugs or alcohol, and deviant sexual conduct. While these grounds may influence certain aspects of the divorce they do not affect the equitable distribution of assets.

How Is Property Divided Under New Jersey Divorce Law?

New Jersey follows the principle of equitable distribution when dividing marital property. This does not necessarily mean a 50/50 split. Instead, the court aims for a fair division based on factors such as the length of the marriage, each spouse's contributions (financial and non-financial), and the economic circumstances of each spouse at the time of the divorce to name a few. However, in mediation, the couple decides the splitting of the marital assets, debts, as well as the co-parenting decisions.

​Marital property includes assets and debts acquired during the marriage, while non-marital property (such as gifts or inheritances received by one spouse) is typically excluded from the division. Couples are encouraged to reach their own agreement on property division through divorce mediation, which avoids the uncertainty of a court ruling.

How Does Child Custody Work in New Jersey?

In New Jersey, the court prioritizes the best interests of the child when determining custody arrangements. Custody can be legal or physical. Legal custody refers to decision-making authority over important matters like education and healthcare, while physical custody refers to where the child lives.

Parents may share joint custody, or one parent may have sole custody, with the other receiving visitation rights. The court considers factors such as each parent’s ability to cooperate, the child’s relationship with each parent, and the child’s needs. Courts generally favor joint custody to ensure both parents remain involved in the child’s life.

How Is Child Support Calculated?

Child support in New Jersey is determined using specific guidelines that consider both parents' incomes, the amount of overnights the children have with each parent, and some offsets and credits. The goal is to ensure the children maintain a standard of living similar to what they would have had if the parents had stayed together.

​If one parent has the children at least 51% of the time, that parent is the primary residential custodial parent. The other parent is considered the alternate residential parent. The higher income parent may be the alternate custodial parent who typically makes child support payments to the primary custodial parent, though the exact amount varies based on factors such as, which parent is providing the healthcare insurance to the children. Both parents are expected to contribute to the children's expenses.

How Is Alimony Determined in New Jersey?

Alimony, or spousal support, may be awarded in certain divorces to help a lower-earning spouse maintain financial stability. New Jersey courts consider factors such as the length of the marriage, each spouse's income and earning potential, and the standard of living established during the marriage to name a few of the factors.

There are different types of alimony, including temporary alimony, which is paid during the divorce process, reimbursement alimony, rehabilitative alimony, limited duration alimony, and open durational alimony, which is for marriages 20 years or longer.  Alimony payments may be adjusted or terminated based on changes in circumstances, such as the recipient remarrying.

Reduce Conflict & Costs: Expert Divorce Mediation in New Jersey

New Jersey divorce law covers a wide range of issues, from property division to child custody and support. Understanding these laws helps ensure you're better prepared for the divorce process.

At Montclair Divorce Mediation, we specialize in guiding couples through the divorce process efficiently and affordably. Led by Nicholas De Metro, Esq., an accredited divorce mediator and licensed New Jersey attorney, we offer personalized mediation services that help you understand your rights and reach amicable agreements on property division, custody, and support.

Our approach is designed to reduce conflict and save you the time and costs of litigation. Whether through in-person or virtual sessions, we are here to help. Contact us for a free consultation and start your journey toward a peaceful resolution.