The laws of New Jersey governing divorce and family matters are contained in the New Jersey Permanent Statues, which is found at the following link:
Initial considerations for Divorce
In order to file for a divorce in New Jersey, either spouse must have been a resident of the State for at least one year prior to the filing for the divorce. The only exception to the one-year residency requirement is when the grounds for divorce are for adultery. In cases of adultery the requirement is that at least one spouse must be a New Jersey resident. The Superior Court of New Jersey has jurisdiction over all causes of divorce.
Grounds for Divorce
In New Jersey, there are eight grounds or causes to file for divorce. The three most popular grounds are extreme cruelty, no-fault separation, and adultery. New Jersey permits an “irreconcilable differences” type of no-fault divorce as well as fault divorces.
No-Fault Divorce Cause of Action:
To qualify for a no-fault divorce, both the husband and wife must have lived separately in different houses (not only different rooms) for a period of at least eighteen consecutive months. There also must be no reasonable expectation of reconciliation.
Fault Grounds for Divorce:
The other lawful grounds (fault grounds) for obtaining a divorce are:
• Irreconcilable differences that have caused the breakdown of the marriage for a period of six months and where there is no prospect for reconciliation
• Adultery
• Willful and continued desertion for the term of 12 or more months
• Cruelty leading to mental or physical harm
• Separation, where the parties have lived separately for 18 months or more consecutive months and there is no reasonable prospect of reconciliation
• Voluntarily induced addiction or habituation to narcotic drugs
• Institutionalization for mental illness for a period of 24 or more consecutive months after marriage and before filing for divorce
• Imprisonment for 18 or more consecutive months after marriage, except where the spouses have resumed living together after release from prison and the divorce action is not started until after release from prison
• Deviant sexual conduct voluntarily performed by one of the spouses without the consent of the other
Division of Property
How is property divided in a divorce?
Everything a husband and wife own (whether individually or commonly) is divided into one of two categories under New Jersey law: (1) marital property, and (2) separate property.
New Jersey is an "equitable distribution" state. This means that spouses “equitably distribute” property that is deemed under New Jersey law to be “marital property,” or property acquired during the course of marriage.
Notice that New Jersey law does not say that marital assets should be distributed “equally.” Instead, the term “equitable” is used. This term essentially means that assets are distributed according to what is deemed to be fair, just, or right. It does not necessarily mean that the actual outcome will be an equal or 50/50 distribution.
If property is not deemed to be “marital property,” it is considered to be “separate property,” or property that was acquired by a spouse before marriage or property that was inherited or given as a gift to a spouse during the course of marriage. However, if property (or income derived from property) has been used for the common benefit of the spouses during their marriage, it would be considered marital property. Any property that is considered to be “separate property” will be given to the spouse who owned it before the marriage or to whom it was given during the marriage.
A court may consider the following factors in determining the distribution of marital property:
• duration of the marriage or civil union;
• age and physical and emotional health of the spouses;
• income or property brought to the marriage;
• standard of living established during the marriage;
• any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution;
• economic circumstances of each party at the time the division of property becomes effective;
• income and earning capacity of each party along with other factors;
• contribution by each spouse to the education, training or earning power of the other;
• contribution of each spouse to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property;
• tax consequences of the proposed distribution to each spouse;
• present value of the property;
• need of a parent who has physical custody of a child to own or occupy the marital residence or residence shared by the partners in a civil union couple and to use or own the household effects;
• debts and liabilities of the spouses;
• need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical care;
• extent to which a party deferred achieving their career goals; and
• other factors that the court may deem relevant.
