Divorce Law

Unique Aspects of NJ Divorce Law

When families are broken apart by divorce, the consequences can be devastating to the health and wealth of family members.  While it is easy to marry, filing for divorce in New Jersey can be extremely costly, time consuming, and life altering.

Steps under divorce law in New Jersey

In New Jersey, the rules and laws pertaining to divorcing in New Jersey are complex, including the following requirements:

  • To file for an irreconcilable differences divorce a problem must have existed in the marriage for six months and there must be no prospect of a reconciliation.
  • You must be a New Jersey resident for one year before you can file for divorce in New Jersey.
  • In the case of adultery, only one spouse must be a New Jersey resident and there is no time requirement.
  • To file for no-fault divorce with no reasonable prospect of reconciliation, you must live in separate residences for at least 18 months.
  • The plaintiff files a Verified Complaint for Divorce identifying parties to the divorce action.
  • After being served, the defendant has 35 days to file an official Answer.
  • Negotiations commence between divorcing spouses about the division of marital property and spousal and child support.
  • If a settlement is reached, the court finalizes the divorce at a hearing.
  • If a settlement is not reached, the court determines the contested issues.
  • To file for an irreconcilable differences divorce a problem must have existed in the marriage for six months and there must be no prospect of a reconciliation.

 

Grounds for fault-based divorce in New Jersey include the following:

  • Extreme cruelty
  • Adultery (no one-year residency requirement to file on this basis)
  • Desertion
  • Addiction
  • Institutionalization
  • Imprisonment
  • Deviant sexual conduct

Understanding divorce laws in New Jersey

Couples must complete a Case Information Statement (CIS), which details their financial assets and budgets.  New Jersey counties also mandate the use of a Matrimonial Early Settlement Panel (MESP), which tries to facilitate the divorce negotiation process in the hopes of reaching a settlement before a court hearing is scheduled.  This is one way New Jersey hopes to take the burden off its overcrowded courts.

Also unique to New Jersey is the right of same-sex adults to form civil unions that give them the same rights and benefits available to heterosexual married couples under New Jersey state law.  If civil unions are dissolved, same-sex couples also grapple with the issues of property distribution, child custody, and support issues just like divorcing heterosexual couples.

Contact our divorce law firm in New Jersey

New Jersey divorce lawyers at Adinolfi & Lieberman, P.A. leverage their extensive experience to give you valuable insight into the challenges and strengths of your case.  They can also help evaluate your legal options, such as contested litigation versus mediation and arbitration.

If you are looking for a highly credentialed, well-respected law firm focused on New Jersey divorce law, please call Cheryl Betten, the Firm Administrator for the Haddonfield, NJ offices of Adinolfi & Lieberman, P.A., at 856-428-8334 ext. 258, or use our online contact form to schedule your initial consultation to discuss your immediate legal needs in a personal and confidential setting.

A divorce attorney or child custody lawyer from the Haddonfield, NJ offices of Adinolfi & Lieberman, P.A. can provide legal advice and representation to clients throughout Southern New Jersey and Eastern Pennsylvania, including Philadelphia, Cherry Hill, Haddonfield, Pennsauken, Mount Holly, Pemberton, Northfield, Mays Landing, Riverside, Voorhees, Moorestown, Mullica Hill, Princeton, Marlton, Medford, Washington Township, Pitman, Woodbury, Mt. Laurel, Atlantic City, Vineland and all of Atlantic, Cumberland, Gloucester, Burlington and Camden County.