New Jersey Divorce Law - a Primer

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Law Sources and Issues in Divorce Cases

Source of New Jersey Divorce Law New Jersey divorce laws are found in New Jersey statutes, New Jersey court rules, New Jersey administrative directives and in decisions of the courts of the State of New Jersey. Federal statutes and case law can also control certain aspects of New Jersey divorce law and must be considered in appropriate circumstances. For example, federal bankruptcy laws can have an impact upon financial decisions in divorce cases, federal tax laws can have an impact upon alimony, child support and equitable distribution decisions, and even the United States Constitution can be implicated in divorce cases such as when the rights of a parent's authority over their children is considered. Overview of New Jersey Divorce Issues In order to legally end a marriage, a Court must enter a Judgement of Divorce. The other "Divorce Issues" that may need to be resolved are: a. Equitable Distribution of Property, b. Alimony Claims, c. Custody of and Parent


Equitable Distribution of Property under New Jersey Divorce Law

New Jersey law provides that, upon divorce, a court will equitably distribute marital assets and liabilities. The state statute lists 16 factors which a court is to consider in deciding equitable distribution of property. These factors are: a .The duration of the marriage; b .The age and physical and emotional health of the parties; c. The income or property brought to the marriage by each party; d. The standard of living established during the marriage; e. Any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution; f. The economic circumstances of each party at the time the division of property becomes effective; g. The income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to e


New Jersey Alimony Law

In deciding alimony claims the statute states that the court consider, but not be limited by, the following factors: (1)The actual need and ability of the parties to pay; (2)The duration of the marriage; (3)The age, physical and emotional health of the parties; (4)The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living; (5)The earning capacities, educational levels, vocational skills, and employability of the parties; (6)The length of absence from the job market of the party seeking maintenance; (7)The parental responsibilities for the children; (8)The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income; (9)The history of the financial or non-financial contributions

Additional Resources

New Jersey Divorce Lawyer Net

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