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Who Can File For Divorce In New Jersey?

In New Jersey, either spouse can file for divorce as long as at least one of them has been a resident of the state for a minimum of one year prior to the filing.

The divorce petition can be filed in the county where either spouse resides. New Jersey recognizes both "no-fault" and "fault-based" grounds for divorce.

What Are The Legal Grounds To File For Divorce In New Jersey?

The "no-fault" ground for divorce in New Jersey is based on the concept of irreconcilable differences, which has caused a breakdown of the marriage for at least six months, and there is no reasonable prospect of reconciliation.

New Jersey also recognizes several "fault-based" grounds for divorce, which include:

  1. Adultery
  2. Extreme cruelty
  3. Desertion for a period of at least 12 months
  4. Separation for at least 18 months with no reasonable prospect of reconciliation
  5. Addiction to habit-forming drugs for at least 12 months
  6. Institutionalization for mental illness for at least 24 months
  7. Imprisonment for 18 or more consecutive months after the marriage

Does New Jersey Require Separation Before You File For Divorce?

New Jersey does not require a separation period before a divorce can be filed. However, the state does require that couples cite specific grounds for divorce.

The grounds can be either a no-fault reason, such as irreconcilable differences, or a fault-based reason, such as adultery, desertion, or imprisonment.

The length of time it takes to finalize a divorce in New Jersey varies depending on several factors, including the complexity of the case and whether the divorce is contested or uncontested.


How Is Community Property Divided In New Jersey When You File For Divorce?

New Jersey is not a community property state. Instead, it follows the principle of equitable distribution. This means that marital assets are divided fairly between the spouses, but not necessarily equally.

The court considers a number of factors, such as the duration of the marriage, the income and earning potential of each spouse, and the contributions each spouse made to the acquisition of assets, among others.

The court may take into account any relevant factor in making a fair division of property, which may include both assets and debts.


How Much Does Divorce Cost to File For In New Jersey?

The cost of divorce in New Jersey can vary depending on several factors such as the complexity of the case, the number of issues that require resolution, and the attorney fees.

The court fee for filing a divorce complaint is $300, while the fee for serving the complaint can range from $20 to $75.

Attorney fees can range from $200 to $600 per hour. A simple uncontested divorce can cost around $1,500 to $3,500, while a contested divorce can cost upwards of $15,000.

It is recommended to consult with an attorney to get a more accurate estimate of the cost of your divorce in New Jersey.

How Long Will It Take To Get Divorced In New Jersey?

The length of time to obtain a divorce in New Jersey can vary depending on the circumstances of the case. Generally, an uncontested divorce can be completed in as little as three to six months.

However, a contested divorce may take much longer, sometimes up to a year or more.

Factors that can affect the length of the process include the complexity of the issues involved, the willingness of the parties to negotiate a settlement, and the backlog of cases in the court system.

It is recommended to consult with a divorce attorney to get a better estimate of the timeline for your specific case.

How Is Child Custody Decided In New Jersey?

Child custody in New Jersey is decided based on the best interest of the child. The court may consider several factors to determine the child's best interest, including:

1. The child's age, health, and welfare

2. The educational needs of the child

3. The stability and continuity of the child's home environment

4. The quality and continuity of the child's education

5. The parents' ability to provide for the child's physical, emotional, and intellectual needs

6. The parents' willingness to cooperate with one another and to foster a positive relationship between the child and the other parent

7. Any history of domestic violence or abuse.

The court may also consider any other factor that may be relevant to the child's best interest. It is important to note that New Jersey courts favor joint custody arrangements, unless there is evidence that joint custody would not be in the child's best interest.

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