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The Legal Grounds for Divorce in New Jersey

September 20, 2023 by Leave a Comment

Do You Need to State Legal Grounds? What Are the Benefits of Filing an At-Fault Divorce? What Grounds Are Acceptable?

The Legal Grounds for Divorce in New JerseyIn New Jersey, as in all states, you can file a so-called “no fault” divorce. That does not mean, though, that you don’t need to state a reason, or “grounds,” for the termination of your marriage. New Jersey has only two requirements to qualify for divorce—a legally accepted reason and compliance with the state’s residency requirement.

What Grounds May Be Stated for a No-Fault Divorce?

Pursuant to New Jersey law, a “no-fault” divorce may be granted for one of two reasons:

  • You and your spouse have not lived together for a minimum of 18 consecutive months, or
  • You have what you consider to be “irreconcilable differences,” another way of saying that you can’t agree on enough things to peacefully live together

What Grounds Are Acceptable in a New Jersey “At-Fault” Divorce?

The allegations that can support a divorce for cause in New Jersey include:

  • Adultery or marital infidelity
  • Extreme mental or physical cruelty—this must have started at least three months before the divorce complaint was filed and must have endangered your safety or health
  • Nonconsensual deviant sexual behavior
  • Desertion or absence from the marital home for at least 12 months
  • Imprisonment for a minimum of 18 months consecutively during the marriage
  • Addiction to drugs or alcohol
  • Institution in a mental asylum or facility for a minimum of two years before filing the divorce complaint

What Are the Benefits of Filing an At-Fault Divorce?

Alleging fault in a divorce proceeding can be risky, because it opens the door for your spouse to make similar allegations against you. However, if you can prove fault, you may be able to persuade the judge to give you a more favorable property settlement or affect the availability and amount of alimony.

Contact the Law Office of David M. Lipshutz

We can help you understand the different options available to you in an adoption proceed, so that you can make the right decision for you and your family. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.

Filed Under: Divorce in New Jersey Tagged With:

Stepparent Adoptions in New Jersey

August 9, 2023 by Leave a Comment

What Does the Law Require? How Does the Process Work?

Stepparent-Adoptions-in-New-JerseyIf you are divorced and have minor children from that marriage, you may want to have a new spouse legally adopt those children, should you remarry. What must happen before your child may legally be adopted by a stepparent in New Jersey? If the criteria are met, what does the process look like?

Reasons for Initiating Stepparent Adoption Proceedings

A stepparent may seek to adopt a child for a variety of reasons. In New Jersey, stepparents have very few parental rights—legally adopting the child can change that, allowing the stepparent to participate in decisions about the child’s health and well-being. In other situations, the child’s natural parent may be deceased, incarcerated/institutionalized, or unwilling to be involved in the child’s rearing.

What Does New Jersey Law Require before a Child May Be Adopted by a Stepparent?

Under New Jersey law, the following must happen before the court will permit a stepparent adoption:

  • The person seeking to adopt the child must be married to the child’s biological parent
  • The person seeking to adopt must be 18 years of age or older
  • The person seeking to adopt must be at least 10 years older the child he or she seeks to adopt
  • The non-custodial parent must either voluntarily relinquish all parental rights with respect to the child or must have those rights involuntarily terminated by the court

Furthermore, if the child to be adopted is 10 years of age or older, he or she must appear at a court hearing and must approve of the adoption.

The Stepparent Adoption Process

In New Jersey, the stepparent adoption process looks very much like any other adoption process. The adoptive parent must typically submit to a background check, and will need approval from the New Jersey Division of Child Protection and Permanency. The court must also hold a hearing before a stepparent adoption can be completed.

Contact the Law Office of David M. Lipshutz

We will only take your case if we know we can help.For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.

Filed Under: Adoption Tagged With:

No-Fault and At-Fault Divorce in New Jersey

July 6, 2023 by Leave a Comment

How No-Fault Divorce Works in New Jersey

no-fault-and-at-fault-divorce-in-new-jerseyThough every state allows some form of “no-fault” divorce, there are 17 states where it’s the only basis for terminating a marriage. In 33 states, including New Jersey, a no-fault divorce is one of the options available to parties seeking to dissolve a marriage.

New Jersey Allows Both No-Fault and Fault Divorces

When you file a complaint for divorce in New Jersey, you must provide a reason why the bonds of marriage have been broken. Under the law, the reasons stated are considered to be the “grounds” for divorce. Those grounds are generally considered to indicate one of two things:

  • Neither party was expressly responsible for the breakdown of the marriage. When this is the case, the parties typically cite “irreconcilable differences” as the basis for divorce. Parties who allege irreconcilable differences must state that such differences have been there for at least six months.
  • One of the parties engaged in specific conduct that made it difficult or impossible for the other party to stay in the marriage. Such a proceeding will generally be referred to as an “at-fault” or “fault-based” divorce. In a fault-based divorce action, the party alleging fault must provide testimony or other evidence of wrongdoing.

What Are the Common Grounds for a Fault-Based Divorce in New Jersey?

New Jersey law allows a party to a divorce to allege one or more of the following causes for the breakdown of marital bonds in an at-fault proceeding:

  • Marital infidelity or adultery
  • Sexual behavior considered deviant by a reasonable person
  • Maintenance of separate residences for at least 18 months
  • Physical or sexual abandonment (desertion) for a period of one year
  • Addiction to drugs or alcohol for at least one year without actively seeking treatment
  • Extreme cruelty, such as physical or emotional abuse

Why Would You Choose an At-Fault Divorce Over a No-Fault Divorce?

People who can prove that the other spouse engaged in wrongful or harmful behavior may have an advantage in a custody or parenting time dispute. Wrongful behavior does not help in financial issues.

Most divorcing people in NJ choose to file on irreconcilable differences grounds, but it’s an individual decision.

Contact the Law Office of David M. Lipshutz

We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.

Filed Under: Divorce Tagged With:

Contested vs. Uncontested Divorce in New Jersey

June 9, 2023 by Leave a Comment

How the Processes Differ

Contested-vs.-Uncontested-Divorce-in-New-Jersey-imgWhen you’ve decided to terminate your marriage by filing for divorce, the proceedings can either be “contested” or “uncontested.” What is the difference between these two approaches? How does the process for finalizing your divorce change if it’s contested, rather than uncontested?

What Is an “Uncontested” Divorce in New Jersey?

An uncontested divorce is one where both parties are in agreement about the key issues related to the dissolution of the marriage. Including:

  • How physical and legal custody will be set up, as well as when the non-custodial parent will have visitation
  • Who will pay child support and how much will be paid
  • Whether alimony/spousal support is warranted and, if so, how much will be paid and for how long
  • How the parties will allocate the debts and assets accumulated during the marriage

Even though the parties may be in agreement on all matters, there are still steps that must be followed to legally terminate the marriage:

  • A divorce complaint must be filed with the court
  • A copy of the complaint must be served on the other spouse
  • The other spouse may choose to answer the complaint. It no answer is submitted, the party who filed the initial complaint may ask the court for a default judgment
  • The parties may request that the court issue a final divorce decree without a hearing by submitting a signed and notarized settlement agreement

What Is a Contested Divorce in New Jersey?

If you or your spouse cannot agree on any issue related to property distribution, custody, visitation or support, and need the court to resolve those issues for you, your divorce proceeding will be labeled as “contested.”

In a contested divorce proceeding, a complaint and answer must also be filed. The court will initially help you look for ways to resolve your differences without going to trial. That may involve either mandatory or voluntary mediation. If those attempts fail, the court will schedule a trial and make decisions regarding any disputes. The Court’s decisions are binding on the parties.

Contact the Law Office of David M. Lipshutz

We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.

Filed Under: Divorce Tagged With:

Common Misunderstandings about Divorce in New Jersey

May 15, 2023 by Leave a Comment

Frequent Falsehoods about New Jersey Family Law

common-misunderstandings-about-divorce-in-new-jerseyIf you’re considering filing for divorce or have already been served with a divorce complaint, you’ve probably been the recipient of unsolicited advice and counsel from well-meaning family and friends. They may have warned you of the potential pitfalls or problems you can expect. Often, unfortunately, they are wrong—they’re simply passing on a revised version of something someone else told them. Let’s set the record straight of some of the common misstatements of law governing divorce in New Jersey.

Myth #1—You must be separated from your spouse for at least 18 months before you can get a divorce—While an 18-month separation can be stated as grounds for divorce, it is not a requirement. If the basis for filing your divorce is “irreconcilable differences,” you must wait six months, but there’s no requirement that you be separated from your spouse during that waiting period.

Myth #2—Alimony is only available when the parties have been married at least 10 years—While the court will factor the length of the marriage into any decision about whether to award alimony, there is no specific minimum time set under New Jersey law. Customarily, the length of the marriage is simply one of a number of factors considered by the court.

Myth #3—The parent with physical custody of minor children may not leave the state of New Jersey without the approval of the non-custodial parent—If there have been no custody disputes in the past, there is nothing prohibiting either parent from leaving the state with a minor child. If there has been any custody disagreement in the past, though, provided there’s no evidence of alienation of affection or interference with custody/visitation rights, a custodial parent may leave the state after providing an itinerary for a trip, along with a date the parent intends to return to New Jersey.

Myth #4—If I leave the marital home, it will be considered abandonment and my ex will be entitled to the property—There’s a difference between the physical and financial interests you have in marital property. You can physically leave the marital home, but still have a financial stake in the property. Simply vacating the marital home will typically have no impact on your property settlement.

Contact the Law Office of David M. Lipshutz

We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.

Filed Under: Divorce in New Jersey Tagged With:

Factors the Court Will Consider in a New Jersey Divorce Property Dispute

April 12, 2023 by Leave a Comment

The Criteria Used to Divide Marital Debts and Assets

Factors the Court Will Consider in a New Jersey Divorce Property DisputeWhen a marriage breaks down, dividing the marital estate can be one of the biggest challenges you face. It’s significantly different from custody, visitation and support, all of which require that you put the best interests of the child ahead of any other considerations. With marital property, it’s mostly just about you and your ex, so there’s typically less to encourage agreement.

Like most states, New Jersey adheres to an equitable distribution approach. Under that method, if the parties cannot come to mutual agreement on the allocation of marital debts and assets, the court will step in, seeking to divide property and obligations fairly. That does not mean, though, that the marital estate will be distributed equally.

What Factors Does the Court Use to Determine What’s Fair?

Judges have a fair amount of discretion when allocating the assets and liabilities of a marriage and many consider any of the following:

  • How long the parties were married
  • The age of the parties at the time of the divorce
  • The emotional and physical well-being of the parties at the time of divorce
  • The terms of any written agreement entered into by the parties before or during the marriage (so-called prenuptial and postnuptial agreements)
  • The standard of living to which the parties were accustomed during the marriage
  • The potential earning capacity of both parties at the time of divorce, including education, job experience and other income-producing skills, as well as any prolonged absence from the job market by either party
  • The extent to which either party contributed to the acquisition, preservation, appreciation or dissipation of marital debts and assets
  • The need of one of the parties to provide a stable home to any minor children of the divorce
  • The extent to which one of the parties sacrificed career goals or opportunities to support or provide benefit to the other party
  • Any other factors the court finds to be relevant

Contact the Law Office of David M. Lipshutz

We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.

Filed Under: Divorce in New Jersey Tagged With:

The Child Custody Process in New Jersey

March 3, 2023 by Leave a Comment

What to Expect When You Need the Court to Determine Custody

The Child Custody Process in New Jersey imageOne of the most difficult and emotional components of a divorce proceeding, when there are minor children in the home, is the determination of custody and parenting time. It’s permissible and preferred that the parents come to an agreement that works for them and is in the best interests of the children, but that’s often not possible. When you cannot agree on a custody and parenting time arrangements, you must turn to the court for a ruling. Here’s what you can expect in the child custody trial process.

How Long Will the Process Take?

In most instances, a child custody dispute can be resolved in anywhere from three to nine months, depending on the court’s docket and the complexity of the issues involved. 

How Do You Initiate a Custody Trial?

To begin judicial proceedings regarding custody and parenting time, one of the parents must file a complaint, stating the type of custody sought. Typically, the complaint must also include a parenting plan and should address any serious potential concerns regarding custody or parenting time, such as:

  • Traveling out of state with minor children
  • Potential work conflicts with custody
  • Any concerns about the safety of minor children with a parent

Can You Mediate Your Custody Dispute?

Yes. Custody mediation is available to parents in New Jersey. The courts may mandate mediation or the parties can voluntarily mediate a disagreement. The court will typically not permit mediation, though, if there are allegations of domestic violence.

What Happens at Trial?

If you don’t settle your dispute before trial, you will each have the opportunity to present evidence to the court. The judge will consider all evidence and arguments based on what he or she perceives to be the “best interests of the child.” Some factors the court will assess when making that determination are:

  • Each parent’s work responsibilities
  • The demonstrated ability of each parent to agree, cooperate and communicate regarding matters related to the child
  • The geographical distance between the parents’ homes
  • The child’s educational needs
  • The nature and quality of each parent’s time and relationship with the child
  • Any history of domestic abuse or violence

After hearing all evidence, the judge will issue a ruling and enter a written order.

Contact the Law Office of David M. Lipshutz

We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.

Filed Under: Child Custody in New Jersey Tagged With:

The Grounds for Filing for Divorce in New Jersey

February 8, 2023 by Leave a Comment

What Grounds Can Be Stated? Do You Have to State a Reason for Filing for Divorce?

The Grounds for Filing for Divorce in New JerseyYour marriage isn’t working, but you can’t point the finger at either party. There’s been no marital infidelity and you haven’t been a victim of domestic abuse of violence. You’ve just grown apart. Can you still file for divorce in New Jersey? Do you have to have a specific reason to ask the court to terminate your marriage? The answer is no…sort of.

No-Fault Divorce in New Jersey

Technically, New Jersey is a “no-fault” divorce state. That means that, if neither party can be blamed for the divorce, you can still seek to dissolve your marriage. However, you must still give a reason for the divorce—you must state that you have “irreconcilable differences.” Furthermore, you must indicate to the court that you have had these “irreconcilable differences” for at least six months.

What Grounds Can You State for Divorce in New Jersey?

You can, however, specifically identify the cause of your impending divorce in New Jersey. Under state law, a number of specific grounds may be sufficient to warrant a judge to order a divorce:

  • Adultery or marital infidelity—New Jersey has an adultery statute. You must introduce evidence that your spouse was unfaithful. You must also be a resident of New Jersey for at least one year to claim marital infidelity as the grounds for divorce.
  • Extreme cruelty—There must be evidence of physical or emotional abuse that took place more than three months before the divorce complaint was filed
  • Addiction or habitual drunkenness—You must meet a residency requirement and you must typically show that your spouse was an active addict for at least one year without seeking treatment
  • Desertion—You must show that your spouse physically abandoned you (that you have not cohabitated) for at least one year.
  • Institutionalization—If your spouse has been committed to a mental institution for more than two years after the date of your marriage, you can seek to terminate the marriage
  • Imprisonment—You may seek a divorce based on the grounds that your spouse has been incarcerated for at least 18 months and that the period of incarceration occurred during your marriage
  • Deviant sexual conduct—Also known as “marital rape,” this allows a person to seek an at-fault divorce for certain non-consensual sexual acts

What Do Most People Choose?

Proving that the other spouse committed wrongful conduct may be psychologically satisfying, but it won’t get you more child or spousal support, or more assets in a property settlement. Fault does not matter in a divorce, as cold as that sounds. The only time it does matter is when there are custody/parenting time disputes. Most people file on grounds of irreconcilable differences for that reason—it’s easier and less expensive.

Contact the Law Office of David M. Lipshutz

We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.

Filed Under: Divorce in New Jersey Tagged With:

Does New Jersey Impose Travel Restrictions for Minor Children in Divorce?

January 12, 2023 by Leave a Comment

What Limits Are There on Traveling with Minor Children

Does New Jersey Impose Travel Restrictions for Minor Children in Divorce?We live in an increasingly mobile society, and that affects families of divorce in New Jersey. In the aftermath of a marital breakup, one of the parents may want to move, often for a better job or to be closer to family, or perhaps for a fresh start. Are there restrictions on the ability of a custodial parent to move away from the non-custodial parent? Are there limitations on either parent with respect to taking a minor child to another state?

Can a Custodial Parent Move Away from the Non-Custodial Parent after a Divorce?

The rules governing the relocation of a divorced parent of minor children differ, based on whether the parent is the custodial parent or the non-custodial parent. There are currently no laws in New Jersey that prevent a non-custodial parent from moving to another part of the state or from moving out of state. A custodial parent, however, may not do so without the consent of the other parent or the approval of the Court.

A custodial parent may relocate to another state with a minor child with the non-custodial parent’s consent, but should obtain that permission in writing. That’s not required, but will simplify matters if there’s a dispute. If the non-custodial parent refuses to grant permission to relocate, it may only be done pursuant to a court order. The Court must decide if the advantages to moving for the child outweigh the disadvantages.

Can Either Parent Take a Minor Child Out of New Jersey without Permission or Court Order?

A custody order may identify what must happen before a custodial or non-custodial parent can travel out of state with a minor child. In the absence of language in the divorce decree, either parent may take a minor child out of the state of New Jersey temporarily without the express consent of the other parent.

Contact the Law Office of David M. Lipshutz

We will only take your case if we know we can help. For an appointment, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 am and 5 pm.

Filed Under: Divorce Tagged With:

Wishing You And Yours A Merry Christmas & Happy New Year

December 24, 2022 by Leave a Comment

Wishing You And Yours A Merry Christmas & Happy New Year

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