Learn How to File for a NJ Divorce and Prepare for Court

Divorce proceedings in New Jersey (NJ) are, just like at any other state in the U.S., a rather expensive and time-consuming affair. Hence, if you are a resident of New Jersey and wish to be legally separated from your wife/husband, it is advisable that you have a thorough understanding of the NJ divorce laws. Violation of any of the prescribed divorce laws of the state can in fact result in your divorce petition being rendered null and void.

As a first step, ensure that the court you are approaching to file your divorce case actually has the jurisdictional authority to oversee such hearings. In addition, you need to satisfy the residency requirements of the state as well. As per the rules stated in Title 2A of the New Jersey statutes, you need to be a resident of the state for a period of at least one year prior to the start of the divorce lawsuit.

The New Jersey divorce laws specify clear, distinct causal issues which can be cited by you as grounds for seeking a divorce from your estranged partner. You can petition the court and try to prove charges against your spouse. This is referred to as an ‘at-fault’ divorce. Alternatively, both of you can mutually agree on the legal grounds which can be used as a base for which divorce can be sought. This is known as a ‘no-fault’ divorce.

Grounds for Divorce in New Jersey

Motions for divorce in NJ can be initiated by citing one of the several recognized divorce grounds. For example, if you can prove your partner to be adulterous, or if (s)he has an cruel and abusive nature (causing you mental and/or physical anguish), or even if your spouse has been knowingly avoiding you over a significant period of time, you can petition the court for divorce. Mental instability of your spouse, criminal acts on his/her part, mutual separation (including separate sleeping quarters) for at least 18 months as well as excessive addiction to drugs are also valid grounds for divorce settlement.

When you place your petition for divorce at a New Jersey court, you become the plaintiff of the case. Your spouse, to whom the court serves a copy of the petition, is the respondent. The Superior Court of New Jersey (the Family Part and Chancery Division) hears the divorce cases forwarded by couples residing in NJ. The actual venue of hearings for the case of course depends on which county you are currently living in.

The Complaint for Divorce and the Judgment for Divorce are the two most important documents in any case of divorce that you may be a part of in New Jersey.

Property Distribution, Alimony and Custody Issues in NJ

The distribution system of the marital properties (after you are officially divorced) is done by the court of New Jersey in an ‘equitable’ manner. The authorities also decide on whether your divorce case requires any alimony arrangement, either from or to you (from your now-divorced wife/husband). Similarly, the custodial rights of your children (if any) from this marriage are also decided upon by the court.