Divorce can be a challenging process, especially when navigating complex legalities. For those in Hackensack, NJ, understanding the state’s divorce laws can make the process more manageable and help in making informed decisions. In this blog, we’ll discuss the key aspects of divorce laws in Hackensack New Jersey and provide insights on how residents can approach the process.
Grounds for Divorce in New Jersey
New Jersey recognizes both no-fault and fault-based grounds for divorce.
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No-Fault Divorce
A no-fault divorce means that neither spouse is blamed for the breakdown of the marriage. The two primary no-fault grounds in NJ are:
- Irreconcilable differences: This means that the marriage has been irretrievably broken for at least six months. No proof of wrongdoing is required.
- 18-month separation: If a couple has been living apart for 18 months with no chance of reconciliation, they may file for divorce on this basis.
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Fault-Based Divorce
In a fault-based divorce, one spouse is considered to be at fault for the dissolution of the marriage. Common fault grounds include:
- Adultery
- Extreme cruelty (mental or physical)
- Abandonment (for at least 12 months)
- Addiction to drugs or alcohol for at least 12 months
- Incarceration for 18 months or more
- Deviant sexual behavior
Read more about the grounds of divorce and the process here.
Property Division in New Jersey
New Jersey follows the principle of equitable distribution when dividing marital property during a divorce. This means that assets and debts acquired during the marriage are divided fairly, though not necessarily equally. Courts take several factors into consideration when determining the division of property, such as:
- The length of the marriage
- The income and earning capacity of each spouse
- The standard of living during the marriage
- The contributions (both financial and non-financial) made by each spouse
It’s important to note that marital property includes any assets acquired during the marriage, while separate property (such as gifts or inheritances) generally stays with the spouse who received it, provided it hasn’t been commingled with marital assets.
Child Custody and Support in Hackensack, NJ
When children are involved, child custody and child support become central issues in divorce proceedings. New Jersey courts prioritize the best interests of the child when determining custody arrangements. The two primary types of custody are:
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Legal custody
Refers to the right to make important decisions about the child’s upbringing, such as education, healthcare, and religious training.
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Physical custody
Refers to where the child will live.
In most cases, New Jersey courts prefer joint legal custody, where both parents share decision-making responsibilities. However, physical custody may be awarded either jointly or to one parent, depending on the child’s best interests.
Child support is calculated using New Jersey’s Child Support Guidelines, which consider factors such as:
- Each parent’s income
- The number of children involved
- Parenting time arrangements
- Healthcare and childcare expenses
Alimony in New Jersey
Alimony, or spousal support, may be awarded to one spouse based on several factors, including the length of the marriage, the needs of the dependent spouse, and the other spouse’s ability to pay. New Jersey recognizes several types of alimony:
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Open durational alimony: Typically awarded in marriages of 20 years or more.
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Limited duration alimony: Provided for a specific period, usually after shorter marriages.
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Rehabilitative alimony: Designed to help a spouse become self-sufficient by obtaining education or job training.
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Reimbursement alimony: May be awarded to reimburse one spouse for financial contributions made toward the other’s education or training during the marriage.
The Divorce Process in Hackensack, NJ
- Filing the Complaint: The divorce process begins when one spouse files a Complaint for Divorce with the Superior Court of New Jersey in the county where they live (Bergen County for Hackensack residents).
- Serving the Complaint: The spouse filing for divorce (the plaintiff) must serve the other spouse (the defendant) with the complaint.
- Response: The defendant must respond to the complaint within 35 days.
- Settlement or Trial: Couples may resolve their issues through mediation, or if they can’t reach an agreement, the case will proceed to trial. Most divorces are settled out of court.
- Final Judgment of Divorce: Once the court resolves all issues, a Final Judgment of Divorce is issued, officially ending the marriage.
Common Questions about Divorce in Hackensack
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How long does a divorce take?
The length of the divorce process depends on whether the couple can reach an agreement on key issues. An uncontested divorce may take as little as 3-6 months, while a contested divorce could take more than a year.
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What if my spouse and I agree on everything?
If both parties agree on all aspects of the divorce, they can file for an uncontested divorce, which is typically faster and less expensive than a contested divorce.
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Can I modify child custody or support after the divorce?
Yes, child custody and support arrangements can be modified if there is a significant change in circumstances, such as a job loss or relocation.