Divorce in New Jersey

The Legal Grounds for Divorce in New Jersey

September 20, 2023 by David Lipshutz Leave a Comment

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

In 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: The Legal Grounds for Divorce in New Jersey

Common Misunderstandings about Divorce in New Jersey

May 15, 2023 by David Lipshutz Leave a Comment

Frequent Falsehoods about New Jersey Family Law

If 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: Common Misunderstandings about Divorce in New Jersey

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

April 12, 2023 by David Lipshutz Leave a Comment

The Criteria Used to Divide Marital Debts and Assets

When 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

Filed Under: Divorce in New Jersey Tagged With: Factors the Court Will Consider in a New Jersey Divorce Property Dispute

The Grounds for Filing for Divorce in New Jersey

February 8, 2023 by David Lipshutz Leave a Comment

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

Your 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

Filed Under: Divorce in New Jersey Tagged With: The Grounds for Filing for Divorce in New Jersey

No-Fault and At-Fault Divorce in New Jersey

December 14, 2022 by David Lipshutz Leave a Comment

The Impact of Marital Misconduct on Divorce

A marriage may fail for many reasons. Sometimes, the parties change with the years and find they have less and less in common. Sometimes, one of the parties engages in bad or wrongful behavior—unfaithfulness or financial shenanigans—that irreparably breaks the bonds of trust.

In New Jersey, as in many states, when you file for divorce, you can choose to pursue a “no-fault” or an “at-fault” divorce.

What Is a No-Fault Divorce?

A no-fault divorce is one where neither party is required to cite specific grounds for the marital dissolution. To qualify for no-fault divorce, you must show that you have been physically separated for a minimum of 18 consecutive months or that you have had irreconcilable differences that have lasted for more than 6 months. Most New Jersey divorces are filed as no-fault divorces. For this reason, there’s a common perception of a “waiting period” for divorce in New Jersey.

What Is an At-Fault Divorce?

With at-fault divorce proceedings, one of the parties must provide a legal reason for the termination of the marriage. Commonly accepted grounds for divorce in New Jersey include:

Deviant sexual behavior
Desertion (actual or constructive)
Habitual substance abuse
Extreme mental or physical cruelty
Imprisonment or institutionalization
Adultery

As a general rule, fault will not be a factor in property or support disputes in New Jersey, but may be considered when determining custody and parenting time.

Contact the Law Office of David M. Lipshutz

Filed Under: Divorce in New Jersey Tagged With: No-Fault and At-Fault Divorce in New Jersey

What Does Equitable Distribution Mean in a New Jersey Divorce?

August 12, 2022 by David Lipshutz Leave a Comment

How Is Marital Property Divided in New Jersey? What Factors Are Considered?

When you’re ending a marriage, dividing the debts and assets accumulated over the years can be one of the biggest challenges. You can work out an agreement with your ex, but it will typically have to be submitted to and approved by the court. If you are unable to reach an accord, the judge will typically consider evidence and make a determination of how everything will be allocated.

When ruling on the distribution of the debts and property of a marriage in New Jersey, the courts use the legal principle of equitable distribution. The word “equitable,” however, should not be construed to mean “equal.” Instead, the court will attempt to produce a “fair” allocation of the obligations and assets of the marriage.

The Factors Considered in an Equitable Distribution in New Jersey

When deciding upon a fair division of a marital estate, the courts in New Jersey may consider any or all of the following:

The length of time the parties were married
The age of the parties at the time of divorce
The age and physical health of the parties at the time of divorce
The standard of living to which the parties were accustomed
Any income or property brought into the marriage by either party
Any prenuptial or prior written agreement of the parties regarding the allocation of marital debts and assets
The potential earning capacity of each party
Any contribution that either party made to the education, training or earning power of the other party during the marriage, or deferred career goals to allow the other party access to education or training
The contributions of either party as a homemaker
The extent to which either party was involved in the dissipation, depreciation or destruction of marital property, as well as the acquisition, preservation or appreciation of those assets
The potential tax consequences of a proposed property settlement
The extent to which one of the parties needs to occupy the marital home, such as when there are minor children at the time of divorce
The need to set aside funds for the medical or educational expenses of a spouse or child
Any other factors the court deems relevant

Contact the Law Office of David M. Lipshutz

Filed Under: Divorce in New Jersey Tagged With: What Does Equitable Distribution Mean in a New Jersey Divorce?

New Jersey Child Custody Determinations

July 15, 2021 by David Lipshutz Leave a Comment

The Types of Custody | Factors the Court Considers

In a divorce proceeding where there are minor children in the home, one of the most difficult decisions can be determination of child custody. Where will the child spend most of their time? What will visitation look like?

The Different Types of Child Custody

In New Jersey, as in other states, there are two components to a custody arrangement—physical custody and legal custody.

Physical custody addresses where the child will reside most of the time—what will be considered the child’s “home.” Though the parents can essentially “share” custody, with the child spending half of their time with each parent, it’s more common for the court to grant primary custody to one parent and allow the other visitation rights. The parents may mutually agree to a custody arrangement, subject to the approval of the court. If they cannot agree, the court will make the determination, based on what it perceives to be in the best interests of the child.

Legal custody refers to the right of each parent to be involved in decision-making regarding the child’s educational, health, religious, and other special needs. The preference of the courts in New Jersey is to grant joint legal custody.

How Is the “Best Interests of the Child” Defined in New Jersey?

Courts tend to believe that the best interests of the child are served by regular and meaningful contact with, and involvement of, both parents. Other factors the court might consider include:

Age and gender of the child
Physical and mental health of the child and both parents, including the ability to parent, as well as any instances or allegations of domestic violence or abuse
Respective lifestyles of both parents, including substance abuse issues or inappropriate exposure to sexual inappropriate behaviors or materials
Emotional bond between the child and each parent
Ability of each parent to meet the child’s financial, physical, and emotional needs
Lifestyle and routines to which the child has become accustomed
Impact a change of residency will have on the child
Preference of the child, if the child has reached a certain age, typically 12 years of age

Contact an Experienced New Jersey Family Law Attorney

At the law office of David M. Lipshutz, we won’t take your case unless we know we can help. For a private meeting, contact our office online or call us at 856-627-1990. We are available to meet with you Monday through Friday, between 9 a.m. and 5 p.m.

Filed Under: Divorce in New Jersey Tagged With: Your Rights in a Custody Determination

The Role of Fault in a New Jersey Divorce

June 15, 2021 by David Lipshutz Leave a Comment

Can Courts Consider Fault In Divorce Proceedings?

Though all 50 states have adopted some form of no-fault divorce, only 17 are considered pure no-fault states. In New Jersey, a court may consider the actions of the parties when making decisions regarding marital dissolution.

What Does No-Fault Divorce Look Like in New Jersey?

For centuries, a party seeking divorce had to identify for the court grounds to justify the divorce. Traditionally, those grounds included infidelity, dishonesty, mental illness, criminal conduct, and abuse, among other issues. The modern trend in the United States, including New Jersey, is to allow parties to obtain a divorce if they simply claim to have “irreconcilable differences.”

“Irreconcilable differences” means that the parties disagree about many things and believe there’s no reasonable expectation that they’ll resolve their differences. Proponents of no-fault divorce contend that divorce is less challenging for children when they don’t have to witness their parents airing their grievances to support a divorce complaint.

What Is the Benefit of Alleging Fault in a New Jersey Divorce?

Though the ability to allege “irreconcilable differences” has made divorce simpler for many in New Jersey, the state still allows a party to assert fault. Fault-based grounds for divorce in New Jersey include:

Physical or mental cruelty
Willful desertion
Adultery
Continual substance abuse (for at least 12 months)
Imprisonment
Institutionalization in a mental facility
Abandonment

New Jersey courts may consider adultery and other forms of fault when ruling on the availability of alimony or spousal support. As a general rule, fault does not affect custody and visitation, unless the court determines that the wrongful act poses a risk to the minor child. Fault is not a factor in property settlement in New Jersey.

Contact an Experienced New Jersey Family Law Attorney

Filed Under: Divorce in New Jersey Tagged With: The Role of Fault in a New Jersey Divorce

Equitable Distribution in New Jersey Divorce Proceedings

April 13, 2021 by David Lipshutz Leave a Comment

How Marital Assets Are Divided by the Court (When You Can’t Agree)

In the state of New Jersey, when you file for divorce, one of the more challenging tasks you’ll face is the division of marital property—the debts and assets accumulated during your marriage. If you and your spouse mutually agree on how to allocate things, the court will still review your agreement to ensure that there’s no indication of undue influence, misrepresentation, or coercion. If you cannot agree who will receive specific property and who will be obligated to pay certain debts, the court will make those decisions for you.

New Jersey has long applied the concept of equitable distribution to determine how a marital estate is divided. It’s important to understand, up front, that “equitable” distribution does not necessarily mean “equal” distribution. The court will attempt to create a property settlement that is “fair,” based on a wide array of factors, including:

How long you have been married;What income or property each party brought into the marriage;
The standard of living to which the parties were accustomed during marriage;
The age and physical health of the parties at the time of divorce;
The terms of a valid prenuptial or postnuptial agreement signed by both parties;
The extent to which either party wasted or dissipated marital assets;
The earning capacity of the parties at the time of divorce;
The contribution either party made to the training, education, or earning power of the other party; and
The need for one party to occupy the marital home, such as a custodial parent of minor children.

Contact an Experienced New Jersey Family Law Attorney

Filed Under: Divorce in New Jersey Tagged With: The Equitable Division of Property

Determining the “Best Interests of the Child”

March 16, 2021 by David Lipshutz Leave a Comment

Factors Used by Courts to Establish Custody and Visitation

In New Jersey, as in all states, courts must consider the “best interests of the child” when making decisions about physical custody and visitation. Courts look at a number of factors when making that assessment, including:

The ages of the minor children—Although the presumption is slowly changing, there’s still a strong perception that infants, toddlers, and younger children should be with their mother, particularly when the mother has served as the primary caregiver. Known as the “tender years” doctrine, it’s no longer enforced but still carries influence in many courts.
The living situation of each parent—Because of the importance of stability in a minor child’s life, courts look at where each parent lives, how permanent that residence is, and whether it provides for the needs of the child. Often, the result is that the parent who retains the family home is more likely to get physical custody. Conversely, a spouse who’s temporarily living with friends or family is less likely to get custody and may even experience limitations in visitation.
The willingness of each parent to cooperate with the other—Judges discourage parents from bringing conflict into the parenting relationship. As a general rule, the more cooperative you are with your ex-spouse, and the less evidence that you’ve spoken negatively about the other parent, or tried to alienate your child’s affection of the other parent, the more likely you’ll get favorable custody or visitation arrangements.
The strength of a parent’s bond with the child prior to divorce—If you weren’t very involved before the marriage fell apart, a judge is less likely to require the child to spend time with you, unless you can show a meaningful change of heart.
The child’s wishes—Typically, the wishes of the child are considered only if the child is 12 years of age or older.

Contact an Experienced New Jersey Family Law Attorney

Filed Under: Divorce in New Jersey Tagged With: Determining the Best Interests of the Child

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

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

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

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

Contact the Law Office of David M. Lipshutz

Frequent Falsehoods about New Jersey Family Law

Contact the Law Office of David M. Lipshutz

The Criteria Used to Divide Marital Debts and Assets

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

Contact the Law Office of David M. Lipshutz

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

No-Fault Divorce in New Jersey

What Grounds Can You State for Divorce in New Jersey?

What Do Most People Choose?

Contact the Law Office of David M. Lipshutz

The Impact of Marital Misconduct on Divorce

What Is a No-Fault Divorce?

What Is an At-Fault Divorce?

Contact the Law Office of David M. Lipshutz

How Is Marital Property Divided in New Jersey? What Factors Are Considered?

The Factors Considered in an Equitable Distribution in New Jersey

Contact the Law Office of David M. Lipshutz

The Types of Custody | Factors the Court Considers

The Different Types of Child Custody

How Is the “Best Interests of the Child” Defined in New Jersey?

Contact an Experienced New Jersey Family Law Attorney

Can Courts Consider Fault In Divorce Proceedings?

What Does No-Fault Divorce Look Like in New Jersey?

What Is the Benefit of Alleging Fault in a New Jersey Divorce?

Contact an Experienced New Jersey Family Law Attorney

How Marital Assets Are Divided by the Court (When You Can’t Agree)

Contact an Experienced New Jersey Family Law Attorney

Factors Used by Courts to Establish Custody and Visitation

Contact an Experienced New Jersey Family Law Attorney

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