Question 1

Who can file for divorce?

Accepted Answer

Either partner in a marriage, civil union or domestic partnership can file for divorce as long as at least one member of the couple lives in the state for the required amount of time. If you formed a domestic partnership or a civil union but now live elsewhere, you might not be able to dissolve the relationship legally in your new state. In that case, you can file in the county where the civil union or partnership took place.

Question 2

What is a custody and parenting plan?

Accepted Answer

The parents’ written agreement about a schedule for when the children will be with each parent and how the parents will make decisions about the health, education, and welfare of the children.

Question 3

What is an uncontested divorce?

Accepted Answer

When both spouses agree on all the key terms of the divorce.

Question 4

When is mediation necessary?

Accepted Answer

The earlier a dispute goes to mediation, the more likely it can be settled. The longer people are involved in disputes, the more they become committed to their positions and are less willing to consider other points of view. Here are a few ideas as to when mediation may be considered helpful: There is an issue in dispute, All parties to the dispute are willing to meet and try to settle it, The parties have some trust in each other, Parties want a flexible and informal process, No party can ignore the problem, Other options for resolving the dispute are too expensive or too slow, The case requires a creative solution, or The parties would prefer to settle the dispute in private.

Question 5

Is life insurance required if you must pay child support or alimony?

Accepted Answer

Yes. A spouse who will be paying child support or alimony to their ex-spouse must obtain life insurance to cover their child support or alimony payments in the event of the paying spouse’s death. The amount of life insurance to be purchased is calculated by multiplying the amount of child support or alimony to be paid by the term, in years, of the child support or alimony payment.

Question 6

How do I serve my spouse papers?

Accepted Answer

“Service” of divorce papers is the legal process by which you give your spouse the required notice of the divorce. This basically means you need to make sure your spouse gets a copy of the divorce complaint and summons (divorce paperwork). The easiest way to do this is to get your spouse to agree to accept service and sign an acknowledgement saying he or she was served. If your spouse refuses, you’ll have to ask a third person to serve your spouse. This third person could be the local sheriff, an attorney or attorney’s agent (such as a process server). This third person should deliver the complaint and summons to your spouse (literally hand them to your spouse), or deliver them to your spouse’s home, and leave them with a competent member of your spouse’s household that’s at least 14 years old. If, despite your efforts, your spouse manages to avoid service, you may be able to mail a copy of the summons and complaint to your spouse’s home address via registered or certified mail.

Question 7

How is child support calculated in NJ?

Accepted Answer

Child support is calculated pursuant to guidelines. Typically, the most important facts that go into the guidelines (or “worksheets”) are the number and age of the children, each parent’s income, the number of annual overnights each parent spends with the children, and health care expenses.

Question 8

What are the grounds for divorce in NJ?

Accepted Answer

Irreconcilable Differences. This ground for divorce is most commonly used. It allows either spouse to file a Complaint for divorce without any specific reason. The only statements the party filing for divorce must make are: 1) there has been a breakdown of the marriage for a period of six months; which makes it appear that the marriage should be dissolved; and 2) there is no reasonable prospect of reconciliation. 18-Month Separation: Neither spouse is required to offer evidence of fault or wrongdoing. The Complaint must state that you and your spouse have lived in different residences for 18 months or more and that the months have been consecutive. You must state that there is no reasonable prospect of reconciliation. Living in the same residence in different bedrooms does not fulfill the requirement. You do not have to file any documents to start the running of the 18 months. At the end of 18 months you will file a sworn statement that you and your spouse have been separated, living separate and apart, in different residences for 18 months or more and you do not expect to reconcile. Adultery. If your spouse is having an affair and you know the name and address of the “other spouse” you may file for a divorce based on adultery. Extreme Cruelty. This ground includes all acts of physical violence and acts of mental cruelty which endanger your safety or health, or which make continued living together unreasonable or improper. Imprisonment. If your spouse has been in a prison for 18 months or more consecutive months. The entire 18 months must be after the marriage began. The Complaint for divorce should be filed while your spouse is in prison. If your spouse is released and you resume living together, you no longer qualify for a divorce under this ground. Willful And Continued Desertion, Physical. If your spouse moved out of the marital home and your spouse has been gone for at least 12 months. The desertion must be for 12 consecutive months. If you and your spouse agree that you will separate and that your spouse will move out, you may still file a Complaint based on desertion. Willful And Continued Desertion, Sexual. Sexual desertion is a persistent refusal by your spouse to engage in sexual relations with you for a period of 12 months or more. This type of desertion cannot be by mutual consent. Your spouse must refuse to engage in relations you desire and would engage in if your spouse were willing. Voluntarily Induced Addiction. If your spouse is an alcoholic or drug addict and the alcoholism or drug abuse must be for 12 consecutive months or more. Mental Illness. If your spouse has been in an institution for 24 months or more, you are entitled to a divorce. The institutionalization must be for 24 consecutive months and the entire 24 months must be after the wedding ceremony.

Question 9

What are the types of alimony in NJ?

Accepted Answer

Open durational alimony. In some states, the legislature replaced the term “permanent alimony” in the alimony statute with the term “open durational alimony.” Although permanent alimony was once common, in recent years courts typically award it only when a supported spouse ending a long-term marriage is unlikely ever to be able to become fully self-supporting at the marital standard of living. Like permanent alimony, open durational alimony has no predetermined fixed ending date; unlike permanent alimony, however, unless exceptional circumstances exist, a court can order open durational alimony only after a marriage of at least 20 years. Also, unlike permanent alimony, open durational alimony is presumed to end when the paying spouse reaches full retirement age (although this presumption can be rebutted under certain circumstances), Limited duration alimony. This type of alimony is also sometimes called durational alimony or term alimony, because it provides for payments to be made for a specified number of months or years. Like open durational alimony, alimony of limited duration is intended to help a supported spouse become self-supporting at the marital standard of living; unlike open durational alimony, however, limited duration alimony has a predetermined ending date. Before September of 2014, courts would generally choose to award limited duration alimony rather than permanent alimony after “intermediate length” marriages, which generally meant marriages of up to about 10 to 15 years in length (depending on other factors). Since September of 2014, however, open durational alimony (which replaced permanent alimony) is generally available only after marriages of at least 20 years, and if a marriage lasted less than 20 years, limited duration alimony cannot exceed the length of the marriage, except in exceptional circumstances, Rehabilitative alimony. Just as the title implies, this type of alimony has the purpose of rehabilitating a spouse who needs financial support to reintegrate into the workforce. Courts order rehabilitative alimony for a specific period of time to help a lower earning spouse obtain tools necessary to become self-supporting. It may cover costs of education, training, and living expenses during the reintegration period, Reimbursement alimony. This type of alimony reimburses one spouse for financial contributions to the education or career advancement of the other. Although reimbursement alimony can be combined with either limited duration or permanent alimony, it is more common when there is little basis for either of these other alimony types, because, for example, the marriage was too brief, or the marital standard of living was relatively low while the supported spouse was attending school. The spouse who contributed financially to education or training that both spouses expected to benefit from in the future is entitled to repayment of contributions. Reimbursement alimony can include tuition and costs of living expended by a student spouse, as well as any other costs related to obtaining a degree or training.

Frequently Asked Questions About Family Law

Who is entitled to file for a divorce?

What does a custody and parenting plan include?

What does it mean when a divorce is uncontested?

When should I consider mediation?

Is life insurance mandatory for alimony or child support obligations?

What is the process for serving divorce paperwork?

How does child support work in New Jersey?

When can I seek a divorce in New Jersey?

What types of alimony are available in New Jersey?

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