Divorce New Jersey

Written by Helen Glenn Court
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In divorce, New Jersey does not allow no-fault agreements. In this, it is in company with only six others--New York, Maryland, Virginia, Vermont, North Carolina, and Arkansas. The residency term for divorce New Jersey requires is one year. The New Jersey Superior Court has jurisdiction over all divorce proceedings.

At-Fault Divorce New Jersey Code

There are seven grounds for the at-fault divorce New Jersey. These are explicitly listed in state code. The first is adultery. It is followed by "willful and continued desertion" of 12 or more months. Next comes extreme cruelty. This is defined as either mental or physical, and endangers the health or safety of the complainant. Fourth on the list comes separation of 18 months or more and no chances of reconciliation. Fifth is voluntary addiction to narcotics as defined by New Jersey code. Sixth is at least 24 months of hospitalization or incarceration for mental illness after marriage. Seventh are 18 or more months of imprisonment after marriage, with divorce not being filed for until after release. Eighth and last is deviant sexual conduct without consent.

Regarding children in divorce, New Jersey, as with all states, puts the best interest of the child as the first clause of the pertinent code language. In deciding custody, the court considers a number of factors. Among these are the parent's or parents' ability "to make important decisions" regarding the child's welfare, the child's relationship with any siblings, and the schools and communities in question.

New Jersey's federally mandated child support guidelines apply almost across the board. State code, however, does allow for undefined special circumstances. Child support amounts are determined using the income of both parents and various child-related expenses. Child support continues until the child is 18 years old. If you're dealing with a divorce in New Jersey and want some help finding forms and figuring out what to do, look online for a legal resource that will provide you with current forms and explanations.


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