The laws of New Jersey that govern separation, divorce, alimony, child support, and child custody are contained in the New Jersey Permanent Statues, which may be found at this link:

Take note that the statutes alone may not answer all of your questions about the law. For instance, it is often also important to know how courts interpret statutes and how case law impacts statutes. It is always best to consult an attorney when dealing with issues of divorce or family law.

In order to file for a divorce in New Jersey, either spouse must have been a New Jersey for at least one year prior to the filing. The only exception to the one-year residency requirement is when the grounds for divorce are for adultery. In cases of adultery the requirement is that at least one spouse must be a New Jersey resident. The Superior Court of New Jersey has jurisdiction over all causes of divorce.

Grounds for Divorce in New Jersey

“Grounds for divorce” are the legal reasons for a divorce. New Jersey permits no fault divorces and fault divorces. In New Jersey, there are eight grounds or causes to file for divorce. The three most popular grounds are extreme cruelty, no fault separation, and adultery.

To qualify for a no fault divorce, both the husband and wife must have lived separately in different houses (not only different rooms) for a period of at least eighteen consecutive months. There also must be no reasonable expectation of reconciliation.

More information about grounds for divorce in New Jersey may be found at this link.

Separation in New Jersey

New Jersey law does not formally provide for a legal separation. New Jersey does provide for something called a “divorce from bed and board,” which is similar to a legal separation. This used to be more popular than it is now. It is essentially the same as a divorce, except that a couple is still technically married and cannot remarry. One reason for a divorce from bed and board would be that a couple objects to a divorce for religious reasons. There may be other reasons, such as the ability to still receive insurance benefits from the other spouse.

There are other options for a couple to separate in New Jersey without obtaining a divorce. One is a separation agreement (sometimes called a “Marital Settlement Agreement” or a “Property Settlement Agreement”). Through these types of contracts, spouses can agree on issues such as property distribution, support, child custody, and the like. It is always best to have an attorney draft such an agreement, particularly if you wish for the agreement to be upheld by a court in the case of a later divorce.

It is also possible to separate informally in New Jersey and then sue your spouse for child support, child custody, and/or alimony without obtaining a divorce.

Division of Property in New Jersey

New Jersey is an "equitable distribution" state. This means that spouses “equitably distribute” property that is deemed under New Jersey law to be “marital property,” or property acquired during the course of marriage. Notice that New Jersey law does not say that marital assets should be distributed “equally.” Instead, the term “equitable” is used. This term essentially means that assets are distributed according to what is deemed to be fair, just, or right. It does not necessarily mean that the actual outcome will be an equal or 50/50 distribution.

Thus, everything a husband and wife own, whether individually or commonly, is divided into one of two categories: (1) marital property, and (2) separate property.

If property is not deemed to be “marital property,” it is considered to be “separate property,” or property that was acquired by a spouse before marriage or property that was inherited or given as a gift to a spouse during the course of marriage. However, if property (or income derived from property) has been used for the common benefit of the spouses during their marriage, it would generally be considered marital property. Any property that is considered to be “separate property” will be given to the spouse who owned it before the marriage or to whom it was given during the marriage.

More information about property division in New Jersey may be found at this link.

Alimony or Maintenance in New Jersey

Alimony (also known as spousal support) is the court-ordered financial support of one spouse by the other spouse as part of a legal separation or a divorce.

There are different types of alimony in New Jersey:

  • Permanent Alimony: Granted to a former spouse for life. Typically reserved for long lasting marriages where there is a large disparity in income and earning potential between the spouses. It can be modified or terminated, but the legal standards are high for doing so.
  • Temporary Alimony: Also known as “pendent lite” alimony, this is sometimes awarded during the pendency of the divorce.
  • Rehabilitative Alimony: This is alimony that is limited in duration, but does not end if the recipient spouse remarries. Its purpose to it aid the recipient spouse in becoming self supporting.
  • Alimony for a Limited Duration: Sometimes known as “term alimony,” this is only paid for a specific length of time.

More information about New Jersey alimony law, including tax implications and considerations for a court in awarding alimony, may be found at this link.

Child Support in New Jersey

New Jersey uses the “income shares" method of determining child support, meaning that the level of support will be based on the income of both parents combined. In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, the court shall consider the following factors:

  • needs of the child;
  • standard of living and economic circumstances of each parent;
  • all sources of income and assets of each parent;
  • earning ability of each parent;
  • need and capacity of the child for education;
  • age and health of each parent and child;
  • income, assets and earning ability of the child;
  • responsibility of the parent for court ordered support of others;
  • reasonable debts and liabilities of each parent and child; and
  • any other factors the court deems relevant and just

More information about New Jersey Support law may be found at this link.

Child Custody in New Jersey

Child support is a court-ordered payment by one parent to the custodial parent of a minor child after divorce or separation. In New Jersey, custody determinations are made by the court based on the best interest of the child. A court may consider the following factors in determining custody:

  • Parents' ability to agree, communicate, and cooperate on matters relating to the children
  • Parents' willingness to accept custody and any history of unwillingness to allow visitation, unless such unwillingness was based on substantiated abuse
  • Interaction and relationship of the children with their parents and siblings
  • Any history of domestic violence
  • Safety of the children and the safety of either parent from physical abuse by the other
  • Preference of the children when they are of sufficient age and capacity to make a decision
  • Needs of the children
  • Stability of the home environment offered
  • Quality and continuity of the children's education
  • Fitness of the parents
  • Geographical proximity of the parents' homes
  • Extent and quality of the time spent with the children prior to and subsequent to the separation
  • Parents' employment responsibilities
  • Ages and number of the children

In some cases, the Court may also interview the children themselves or appoint a guardian to represent their interests.