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There are two types of divorces in New Jersey, what is often called a “no-fault” divorce and divorces that are based on fault which is a specialized wrong doing of one or both parties. For both types, there are certain requirements such as your being a resident of New Jersey for a year prior to filing, unless your grounds for divorce are adultery.

NJ DIVORCE LAWS: IRRECONCILABLE DIFFERENCES, OFTEN CALLED “NO-FAULT” DIVORCE

In legal terms, no-fault divorce is quite new, having been enacted in New Jersey in 2007. No-fault is the kinder and gentler way of divorcing because it eliminates the need to make accusations against one another or blame each other for the disintegration of the marriage.

Do not confuse “no-fault divorce” with an uncontested divorce where all issues on all matters are settled before a divorce action begins. No-fault only eliminates a “fight” over obtaining the divorce itself. It does not change anything with regard to child support, child custody, alimony or distributing property and debt in the divorce action. As to those issues, there is no difference between fault and no-fault divorce.

In order to obtain a no-fault divorce, you must allege that:

  • There are irreconcilable differences that have caused a breakdown of the marriage for six months;
  • It appears that the marriage should be dissolved, and
  • There is no reasonable chance for reconciliation between the spouses.

Continue Reading →

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When parents decide to change their child’s last name and are in agreement, the process of the name change is quite simple. That is not the topic of this blog. Rather, the topic is what to do and what happens when the parents cannot come to agreement and the court makes the ultimate decision on your child’s last name.

New Jersey Courts apply a standard set of factors to name change cases regardless of whether or not the parties were ever married. In addition to those factors, the court applies additional standards if the parties never were and are not now married, giving preference to the name choice of the parent with whom the child primarily resides.

IN ALL CASES, NEW JERSEY COURTS APPLY THE FOLLOWING FACTORS

  • How long has the child used his or her current surname.
  • The child’s identification as a family member or as part of a family unit;
  • Whether the child will experience any potential anxiety, embarrassment or discomfort if the child and custodial parent have different surnames. This is only considered for the parent given a presumption of surname. See below for details on presumption;
  • The child’s preference, in the event he or she is old enough to express a preference;
  • The court’s application of any additional factors it chooses to consider.

Continue Reading →

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Do I have to be separated from my spouse for a certain period of time to file for a divorce in New Jersey?

No. New Jersey in 2007 enacted a no-fault divorce statute. Under said statue you do not need cause or to be separated to file for a divorce in New Jersey.

What is a New Jersey no-fault divorce is based on?

New Jersey no-fault divorce is based on irreconcilable differences. The requirements for a divorce based on irreconcilable differences are as follows:

-Irreconcilable differences existed for at least six months (you do not have to be separated for six months) which caused a breakdown of the marriage.

-No reasonable chance of reconciliation exists and it appears the marriage should be dissolved.divorce

How is a New Jersey divorce started?

A spouse files a complaint in New Jersey Superior Court for . The filing spouse is called the plaintiff. The plaintiff then has the complaint with a summons served upon the other spouse who is called the defendant. The defendant has 35 days to file an Answer, Answer with Counterclaim or Notice of Appearance.

What happens if I do not answer the NJ divorce complaint after service?

The plaintiff then can file to put you in default. Once you are in default your participation in the divorce process is very limited. Your spouse might get everything they want and your rights might not be protected. Continue Reading →

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Under New Jersey law parents have a duty to support their children financially. At the time of divorce, if the couple has children, a judge will most likely grant one spouse child support. The amount of New Jersey child support decided upon at the time of divorce may not be a realistic amount in the future.

Income changes, illnesses, and growing families are just a few examples of circumstances that may make a child support amount unfeasible for a supporting parent. Additionally, changes in the amount of financial support that a child needs may also necessitate a modification of child support. If a married couple divorces when a child is young, the support that child needs may be very different when the child is a teenager.

Typical New Jersey Child Support Modifications

In an ideal world parents would be able to agree upon the amount of support required for their child and be willing and able to pay that amount. In reality, it can be difficult to determine how much support the child needs, and it can also be difficult to determine how much a parent can afford to pay.

Therefore, parents may wish to modify their NJ child support agreements from time to time. In doing so, the parent wishing to modify the child support order must show “changed circumstances” that merit a change. Common examples of situations meriting a modification of child support include a change in the either parent’s income or financial situation, an increase in the cost of living, or an illness or disability. The parent that wishes to modify the order has the burden to prove to the court’s satisfaction that the change in circumstance warrants a modification to the child support payments, and in determining if a modification is appropriate, a judge may order financial disclosures of both parents.  Courts typically do not approve modifications where the change in circumstance is temporary. Continue Reading →

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Questions often arise upon divorce regarding whether having a new significant other in the presence of the child is appropriate. Over the past four decades New Jersey courts have evolved on this issue. The leading cases are discussed below.

DeVita

DeVita is a 1976 New Jersey case that discusses the contact that a child may have with a parent’s new significant other.In DeVita, a father appealed his divorce judgment that prevented him from having a female companion stay overnight in the same home as his children when they visited him. The evidence presented showed that the two adults slept in separate bedrooms with their respective children and that nothing improper occurred during the overnight visit. Still, the court found that the restriction on overnight companions was enforceable in this case, based on the “moral welfare” of the children possibly being compromised. Continue Reading →

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