A Brief Look At New Jersey Divorce Laws
When it comes to breaking up a marriage, things can be quite hard for both people involved. Things can get complicated fast when a divorce is looming, and things can especially get complicated if you’re not aware of the legal issues involved. If you’re living in the state of New Jersey, it’s important to look at the laws in place to move forward with proper filings. Consider the following brief look at New Jersey divorce laws to make sure you are fully aware of what you’re in for when breaking up for good.
Residency – First and foremost it’s important to understand that in order to file a person needs to be a resident of the state for at least a year before the paperwork is filed. Action cannot be filed unless there is proof of this residency, otherwise the divorce will have to be in another state.
Grounds – The grounds for divorce in the state of New Jersey are important to understand so that proper filing is made. If the grounds are not listed, than one of the options needs to be chosen in order to move forward under the banner of the law. The following are the grounds you can file for:
- Adultery
- Abandonment of more than 1 year
- Extreme cruelty as defined by the law
- Separation of more than 18 months
- Narcotic addiction, drunkenness for one year or more
- Institutionalization of more than 24 months
- Imprisonment for more than 18 months
- Deviant sexual behavior
Filing – When filing divorce papers, one party will be the plaintiff and the other will be the defendant. Usually the person filing the papers will become the plaintiff in the case and the defendant will get served paperwork. Signatures will be needed before moving forward.
Property Distribution – There are a lot of different statutes that are involved with the proper distribution of wealth, assets, and other incidentals. This could get very tricky if there is no amicable solution made before the paperwork is filed. Making sure that the law is obeyed here requires assistance, as there are several pieces to the puzzle of distribution of property.
Child Custody – Child custody is also a concern that needs to be weighed heavily between to parties. If there is no amicable solution here, it’s imperative to get legal consultation to ensure that the best interest of the child or children is taken into consideration. Child custody and child support laws walk hand in hand further exploration of the rules needs to be done.
Spousal Support – Not all cases will require this piece, but when it is part of the paperwork it’s imperative to take time to look over the different rules and regulations that come along with this. There are several pieces to the law that require legal consultation to decipher.
The above look at New Jersey divorce laws is just a brief examination of some of the issues that you’ll need to consider before getting the final paperwork filed. When you are in need, consult a law firm to help with the explanation of certain pieces. There are a lot of different statutes on file that need to be met in order to comply with the laws, and many of them cannot be explained in a simple format.