State Laws

New Jersey Divorce

     

New Jersey Divorce Requirements
The state of New Jersey requires that individuals be within state lines in order to file for divorce. These residency requirements also state that at least one individual must be a state resident for a minimum of one year before a divorce can be petitioned.

Laws also require the individual or individuals to reside within the state for the duration of the divorce case. If both individuals reside in New Jersey for the minimum requirements but live in separate counties, either individual may file for divorce in his or her county.

New Jersey Grounds for Divorce
The United States requires that those filing for divorce state why they wish for a divorce to be granted. The reasons for filing for divorce are called the grounds for divorce and are different in each state.

The grounds for divorce in another state may not be legal in the state of New Jersey. Upon filing for divorce both individuals will decide upon which grounds of divorce they agree and present them to the court. One individual is also lawful of presenting grounds for divorce but will be required to prove those grounds before the court.

Unlike other states New Jersey does not break its grounds for divorce into separate categories.

New Jersey grounds for divorce include committing adultery by either individual; the continued and willful deserting of at least twelve months or more with proof of no cohabitation for that time period; the causing of extreme cruelty, both mental and physical, that may endanger the other individual's health with a three month minimum; separation for a minimum of eighteen consecutive months with not hope of reconcile; voluntary addiction to a controlled substance or habitual drunken behavior for at least twelve months before a petition is filed; entering a mental institution for at least twenty-four months prior to filing for divorce; conviction for imprisonment for at least eighteen months resulting in no cohabitation; and voluntary sexual actions without spousal permission.

The grounds for divorce on drug-based reasons will need to be stated in the New Jersey Controlled Dangerous Substances Act of 1970.

Filing for Divorce
All documents and forms of divorce are to be filed to the county clerk's office. Upon a divorce hearing the clerk's office will present the documents to the court. The documents can be as many as twenty for one divorce, but also depend on the circumstances of the divorce.

Some of the documents can include a Complaint for Divorce and Judgment of Divorce, a Financial Statement for Summary Support Actions form, a Cover letter to Clerk form, a Declaration Under the Uniform Child Custody Jurisdiction Act form, a Case Information Sheet, and an Appearance form.

Distributing Property
The state of New Jersey is considered to be an equitable distribution state where all the property obtained through the marriage is to be distributed in a fair manner rather than an equal manner.

If the individuals involved cannot decide on who should keep which form of property, the court will award the property to each individual based on child custody, economic status, employment, and others.

See also:
New Jersey Felony
New Jersey Gun Laws
New Jersey Bankruptcy Laws
New Jersey Misdemeanors External link (opens in new window)
New Jersey Expungement External link (opens in new window)