Full Answer
How is property divided in a New Jersey divorce?
New Jersey is an equitable division state, meaning that property is divided fairly in a divorce, though not necessarily on an even 50/50 basis. The first step in a division of assets is determining what is marital property and what is not.
What do you need to know about divorce in NJ?
Divorce Laws in New Jersey 1 Beginner’s Guide to Divorce Laws in New Jersey. If you are thinking about ending your marriage in New Jersey, there are several laws and processes you should know about before ... 2 Assets and Debts. ... 3 Alimony and Child Support. ... 4 Custody and Visitation. ... 5 Divorce Process. ... 6 Other Issues. ...
What happens to debt after a divorce in New Jersey?
Even though one spouse may be assigned the debt, if a spouse can’t make payments or refuses to pay, the nonpayment of the debt could affect both spouse’s credit scores. Courts in New Jersey assume that all property owned together or separately when they get a divorce is marital property.
What is Divorce dissolution in New Jersey?
Divorce Divorce is called “ Dissolution ” in New Jersey. The process for getting a divorce is the same as dissolving a civil union or a domestic partnership.
How much is a wife entitled to in a divorce NJ?
New Jersey is an "equitable distribution" state when it comes to dividing marital property. This means that, in a divorce, assets will be split in a manner that is fair. This doesn't necessarily mean it will be divided exactly 50/50. Worried about losing everything in a divorce?
Does wife get half in divorce in NJ?
New Jersey is an “equitable distribution” state In other words, the court is under no obligation to split your marital property 50/50; it all comes down to what the court believes is fair. Some of the factors a New Jersey court can take into account are: The duration of the marriage. The age and health of each spouse.
What is a marital settlement agreement in NJ?
A Marital Settlement Agreement (MSA) is a legal document used in New Jersey that spells out the terms of a divorce and provides a framework for the relationship between former spouses after divorce. In New Jersey, MSAs are also sometimes called Property Settlement Agreements.
How is settlement determined in a divorce?
As well as looking at actual earnings, the Court will also assess the parties' future potential earnings. The Court will take a realistic approach when calculating the settlement and will take account of the individual's skills, time out of work, age and the possibility and cost of retraining and the job market.
What is the average alimony payment in NJ?
There is no average alimony payment in New Jersey. Instead, New Jersey's alimony statute contains a series of factors that the court must consider when determining an appropriate amount of alimony in a particular case.
How many years do you have to be married to get alimony in NJ?
20 yearsSpousal support is usually reserved for divorces where one spouse has a significantly higher income or higher earning potential than the other. In most cases, alimony is temporary. But, if your marriage has lasted for more than 20 years, you may be eligible to receive permanent alimony.
What should you not forget in a divorce agreement?
5 Things To Make Sure Are Included In Your Divorce SettlementA detailed parenting-time schedule—including holidays! ... Specifics about support. ... Life insurance. ... Retirement accounts and how they will be divided. ... A plan for the sale of the house.
How is alimony calculated in NJ?
Many attorneys and Judges unofficially compute the amount of alimony in NJ by taking the gross income of both spouses and subtracting the two numbers and awarding the lesser income spouse around one four (1/4 ) of the difference of said incomes.
How long do you need to be separated before divorce in NJ?
18 monthsTo get a divorce in New Jersey, you must provide proof of fault or be separated for at least 18 months prior to the divorce.
What is the usual financial split in a divorce?
The Court will normally consider a 50/50 split of the matrimonial assets when dealing with a long marriage following the 'yardstick of equality'. With short marriages, capital contributions become more relevant in deciding how assets are divided in a divorce.
What is ex wife entitled to after divorce?
Generally, a former spouse is entitled to claim against your money or assets at any point up until they re-marry unless a financial consent order has been approved by the court. Many separating couples are under the impression that getting divorced breaks all financial ties.
What is fair during a divorce?
A financial divorce settlement is an agreement between you and your ex on how to separate your money and assets once the marriage is over. You can draw one up at any point during divorce proceedings or civil partnership dissolution.
Is NJ A 50/50 custody state?
NJ does lean toward 50/50 custody when it comes to joint custody arrangements. The court makes custody decisions based on the best interests of the child, presuming that it is best for both parents to share responsibility for the child's well-being.
Is New Jersey a spousal state?
New Jersey is an equitable distribution state. Equitable means just and fair. When property is divided, it is not split in half. The court divides property based upon fairness.
How are marital assets divided in NJ?
New Jersey is an "equitable distribution state." This means that in a divorce in New Jersey, any property that is acquired during the marriage must be divided in an equitable manner. Therefore, any marital property must be distributed either by a voluntary agreement of the parties or by an order of the divorce court.
How do divorces work in New Jersey?
You or your spouse must have lived in New Jersey for 12 consecutive months before filing for divorce; You or your spouse must have experienced irreconcilable differences for 6 months, and; The irreconcilable differences are a reason that the marriage, civil union or domestic partnership should be dissolved; and.
What is divorce in New Jersey?
Divorce. Divorce is called “ Dissolution ” in New Jersey. The process for getting a divorce is the same as dissolving a civil union or a domestic partnership.
How long do you have to live in New Jersey before filing for divorce?
You or your spouse must have lived in New Jersey for 12 consecutive months before filing for divorce; You or your spouse must have experienced irreconcilable differences for 6 months, and; The irreconcilable differences are a reason that the marriage, civil union or domestic partnership should be dissolved; and.
How much does LSNJ divorce kit cost?
LSNJ also sells a complete divorce kit, with instructions plus all of the required forms, for $25.
What is mediation in divorce?
Mediation. During mediation, a neutral person meets with both parties and helps them reach an agreement. The court has a list of approved mediators to help you settle your issues. You also can choose a private mediator. Both parties can hire a lawyer to advise them of their rights during mediation. The settlement is reported to the judge. The judge then makes a final decision about whether to grant the divorce or dissolution.
How long do you have to be apart to file for divorce?
Separation: To file for divorce based on separation, the couple must have been living apart for at least 18 months.
What happens when one party files a divorce?
This collaborative process ends when one party files the divorce or dissolution case in court. Once a case is filed, the parties must find new lawyers and law firms to represent them in court.
Where to file divorce papers in New Jersey?
You should file your divorce forms in the New Jersey county where you lived when you separated. If you do not live in New Jersey, you should file your forms in the New Jersey county where your spouse lives. See Court Rule R. 5:7-1 for more information.
Why do couples settle divorce outside of trial?
Part of the reason divorcing couples are encouraged to settle their divorce outside of a trial is that doing so allows the couple to negotiate for and agree upon terms which accurately reflect the unique situation of each party, as well as the family as a whole.
What is cohabitation in NJ?
NJ Cohabitation laws regard “cohabitation” as being any time two adults enter into a mutually financially beneficial relationship, i.e. adults do not need to be married in order for the courts to recognize that one adult, the other, or both are now financially benefiting from the relationship. Cohabitation plays a large role when it comes to the modification of alimony agreements after divorce due to the fact that an adult who is legally recognized to be “cohabitating” with another adult, and who is receiving alimony payments from a former spouse, often will no longer require the same level of financial support as they once did.
What does equal mean in divorce?
When negotiating a divorce settlement it’s imperative that you understand that “equal” doesn’t mean a 50/50 split. Equal means what is fair to both parties involved. You won’t get everything you believe you are entitled to and, you will need to be able to compromise for the sake of all involved. 6. Lance and Katy.
How long does Joan have to pay spousal support?
Divorce Settlement: The marital assets are split 50/50 and Joan is ordered to pay Mark rehabilitative spousal support for a term of five years. The long-term marriage established a lifestyle that both Mark and Joan had become accustomed to.
Why did Mark's standard of living decrease after a divorce?
Mark’s standard of living will decrease once there is a divorce due to the fact that he makes less than Joan. The two went to mediation and Joan chose to pay temporary spousal support that is deductible at tax time rather than splitting assets in John’s favor.
Is there a difference between fair and equitable divorce settlement?
There can be a huge difference between an equitable divorce settlement and a fair divorce settlement. In the hope of helping those who are in the dark about what is and isn’t a fair divorce settlement, here is a collection of examples of different scenarios and what we believe to be fair divorce settlements.
Can a no fault divorce be a bad thing?
With the advent of no-fault divorce laws, the courts will not take into consideration any bad behavior by either party unless one or the other has caused severe financial distress by spending liquid marital assets. That is not the case in this divorce scenario.
How Can You Prove Duress in New Jersey?
It must be demonstrated that there is a compelling circumstance that the settlement was agreed to under duress and resulted in an unfair decision. The best evidence is an eyewitness, but written texts will do too. Another way is to prove that the prior relationship of husband and wife indicated the same issues as described in the complaint.
Can You Challenge an NJ Divorce Settlement?
If you received an unjust settlement and were the victim of undue influence or duress, you must prove the reason why the settlement is invalid and why the terms of the divorce are oppressive, inequitable, or unjust. The only way the court will reopen your case is to show that exceptional circumstances exist that compel the judge to reconsider the outcome. You will have to file several documents with the court (a motion) which alleges that there was duress or undue influence when you agreed to the settlement, your spouse was not forthcoming about assets or their value, you misunderstood a material fact which changed the settlement, or the actual result of the divorce agreement was unmistakably unfair.
What does equal mean in divorce?
When negotiating a divorce settlement it's imperative that you understand that "equal" doesn't mean a 50/50 split. Equal means what is fair to both parties involved. You won't get everything you believe you are entitled to and, you will need to be able to compromise for the sake of all involved.
How long does Joan have to pay spousal support?
Divorce Settlement: The marital assets are split 50/50 and Joan is ordered to pay Mark rehabilitative spousal support for a term of five years. The long-term marriage established a lifestyle that both Mark and Joan had become accustomed to.
Why was the marital assets split 60/40?
The marital assets were split 60/40 in Lance’s favor because the judge felt that Lance, being the lower income earner and caretaker of their children should continue to live the standard of living he and his children had become accustomed to.
Why did Mark's standard of living decrease after a divorce?
Mark's standard of living will decrease once there is a divorce due to the fact that he makes less than Joan. The two went to mediation and Joan chose to pay temporary spousal support that is deductible at tax time rather than splitting assets in John’s favor.
Can a divorce be split 50/50?
That is not the case in this divorce scenario. It only makes sense that assets be split 50/50 and both spouses move on and rebuild their lives.
Will you come to a fair resolution at the end of your marriage?
In the hope of helping those who are in the dark about what is and isn’t fair, here is a collection of examples of different scenarios and what we believe to be fair divorce settlements .
Beginner’s Guide to Divorce Laws in New Jersey
Assets and Debts
- Marital Property and Division of Assets in New Jersey
New Jersey is an equitable division state, meaning that property is divided fairly in a divorce, though not necessarily on an even 50/50 basis. The first step in a division of assets is determining what is marital property and what is not. Only marital assets are considered in a division of asset… - Debts
Marital debts are those that are accumulated during a marriage. They can be incurred by both spouses or by one spouse. In New Jersey, both spouses are liable for marital debts. Because New Jersey is an equitable distribution state, a court must also consider debts when dividing pro…
Alimony and Child Support
- Alimony in New Jersey
Alimony can be granted to either a husband or a wife in New Jersey. The goal of alimony is to try and allow both spouses to continue to live as they did during their marriage. There are four kinds of alimony that can be paid in New Jersey. They include: 1. Limited Duration Alimony. Payment… - Child Support in New Jersey
Child support in New Jersey is calculated by using the Child Support Guidelines formula that takes several factors into consideration, including family income and the amount of time each parent spends with a child. The guidelines were developed by economists at the request of the …
Custody and Visitation
- Child Custody in New Jersey
New Jersey has adopted the Uniform Child Custody Jurisdiction and Enforcement Act to govern child custody issues in the state. The state recognizes two types of child custody: 1. Legal custody.This is when a parent is allowed to make important decisions that affect a child’s life. Thi… - Substance Abuse
One of the grounds for divorce in New Jersey that can be cited is “voluntary induced addiction or habituation to any narcotic drug” or sustained drinking problems that last for a minimum of 12 months. When substance abuse is present, it can impact child custody agreements due to the fa…
Divorce Process
- Bifurcation of marital status
Bifurcation means that both parties in a divorce can legally divide their divorce into two stages. The first part satisfies the grounds for the divorce. The marriage is terminated at that point. Bifurcation means that the financial aspects of the divorce such as child custody, visitation, chil… - Disclosing Assets
According to New Jersey law, each spouse must fully disclose all assets and debts they have so that equitable distribution can be fairly applied. This includes marital and non-marital property which can lead to disputes that must be resolved before moving forward. In some New Jersey di…
Other Issues
- Domestic Violence
In divorces where domestic violence is present, any divorce actions are secondary to the immediate safety of a spouse or children who may be in immediate danger. There are strong safeguards in place to protect against domestic violence, but if you are married to an abuser, yo… - Health Insurance
Once a divorce has been finalized, employers will not allow an ex-spouse to remain on a health insurance policy. However, an ex-spouse does have other options for coverage. Rules vary, but in many cases, group plans will not allow you to drop a spouse immediately after you are separate…