In many cases, the noncustodial parent will make support payments to the custodial parent in accordance with set formal guidelines that are expressed in the law.
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The law actually presumes that the custodial parent is entitled to financial reimbursement for childrearing expenses. The guidelines help allocate the costs among the parents, with consideration of standard care giving costs and the parents' incomes. Generally, New Jersey's set guidelines will be used when calculating support obligations; however, standard payments can be challenged in unique circumstances, providing there is sufficient cause. If a court elects to deviate from the guidelines, it must consider a number of statutory considerations, including:.
These factors, in addition to several others, may help a judge resolve any pending disputes concerning child support payments. Filing, property division, child custody and child support are essential components to most dissolution matters. This generalized discussion speaks to some of the issues that may arise. If you would like to learn more about divorce in detail, speak to a family law attorney in the area. Please enter a valid email address. Please enter a valid phone number. Please verify that you have read the disclaimer.
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. Menu Contact. View Our Practice Areas. Filing Requirements First, there is a residency condition for the dissolution process. For example: Adultery has no standard waiting period. When infidelity is involved, a party may file for divorce right away. A filing on the basis of extreme cruelty means the filer must wait a total of three months to file after the last incident of cruelty.
If one wants to divorce on desertion grounds, he or she must wait at least 12 months after abandonment before filing a complaint.
New Jersey Divorce Forms and Information
No-fault divorce occurs when partners have been living independently for 18 uninterrupted months. After this period, a party may file a complaint. The Divorce Timeline, in General Uncontested Divorce An uncontested or "non-contested" divorce is when parties do not dispute what is alleged in the divorce complaint.
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To file on an uncontested basis, the following prerequisites must be met: Unless alimony is sought, one or both spouses must have resided in the state for at least one complete year. Both spouses must agree on child support and child custody.
Both parties must agree on property division matters. Contested Divorce However, if the divorce is contested, it may take a bit longer for the case to resolve.
Property Division Much of the dissolution process revolves around the property division process. Equitable Distribution New Jersey is considered an "equitable distribution" state. When the parties are unable to reach a settlement, the court will assess all assets as follows: First, it will go through a discovery process to decipher what property or debt is considered marital.
Essentially, marital property is jointly owned assets or property of the marriage. You can file for divorce in NJ based on any of the following grounds reasons :. The judge has the authority to order that the either party pay the attorney fees of the other party in any claim for divorce, dissolution of civil union, termination of domestic partnership, nullity, support, alimony, custody, parenting time, equitable distribution, separate maintenance, enforcement of agreements between spouses, domestic partners, or civil union partners and claims relating to family type matters.
The judge can make this order while the case is pending known as pendente lite or at the end of the case. The judge will have to determine if an award of attorney fees is appropriate in each situation. We provide these links for your information only. All rights reserved.http://clublavoute.ca/kugog-expat-dating.php
New Jersey Divorce Source: New Jersey Divorce Laws
Department of Justice. Neither the U. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided. Skip to main content. Laws current as of. What are the residency requirements to file for divorce in New Jersey?
The Divorce Timeline, in General
What are the grounds for divorce in New Jersey? If I get a lawyer, can the judge order my spouse to pay my attorney fees? What are the basic steps for filing for divorce? If the spouses have children, certain grounds for divorce will also impact child custody.
Most judges would never let children stay in the sole custody of an alcoholic, and an abusive spouse may even lose visitation with their child. Choosing the right grounds for divorce is one of the most important decisions of a divorce, and will shape the entire process.
While you can of course get divorced in New Jersey without a lawyer, it is important not to make this decision alone. By consulting with a divorce attorney, you can explore your options and decide which divorce grounds are best for your situation. If the divorce becomes contested, that same lawyer can fight for an equitable result. Retaining a lawyer throughout the divorce will provide you with a clear-headed legal advocate in a chaotic, emotionally charged process. If you are considering a divorce and want to speak with a family law attorney, call the law office of Katherine K.
Wager at to request a consultation.
The Basics to a New Jersey Divorce
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This site is for informational purposes only and nothing contained herein should be construed as legal advice. Always consult with an attorney directly about your case.
Do Unmarried Parents Have Custody Rights in New Jersey?
Prior case results, notwithstanding the similarity of circumstances, do not guarantee or predict a similar outcome with respect to any pending or future matter. Skip to main content Skip to primary sidebar Skip to footer 76 N. NJ Grounds for Divorce Filing a complaint for divorce is the first step towards legally separating from your spouse in New Jersey. Legal Reasons for Divorce in NJ Irreconcilable Differences: This divorce complaint is for couples who agree there is no hope of saving their marriage.
Separation New Jersey lacks a legal separation process.
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