When a marriage can no longer be saved, a divorce is usually inevitable. In an ideal situation, both parties would agree to the terms of the divorce. However, that only happens in rare situations. Most often, a judge will decide and order the terms of the divorce he sees most fair. The following paragraphs will provide a brief women’s guide to divorce in New Jersey.
Legal Grounds for Divorce
Legal grounds for divorce will vary from state to state. In New Jersey, there are several grounds for a divorce. These include no-fault and fault grounds. The only no-fault grounds for divorce are irreconcilable differences and 18 month separation. Fault grounds include:
- Mental Illness
- Imprisonment
- Willful desertion (both sexual and physical)
In addition, voluntarily induced addiction and adultery are both acceptable legal grounds to file for a divorce in New Jersey.
Dividing Property
Like most other states, New Jersey is considered an “equitable” state where marital property is concerned. This simply means that property is not divided down the middle when a couple divorces. Instead, it is divided in a manner that the judge feels is most fair to both parties involved.
The judge will normally take several different factors into consideration when dividing accumulated property in a divorce. These factors include:
- Duration for which the couple was married
- Age and physical health of each party
- Which party brought what property into the marriage
If a woman or man has contributed to the other’s education or employability, that may be taken into consideration when dividing property, as well.
Alimony
In the state of New Jersey, alimony can be awarded without regard to fault. There are four types of alimony awarded. They are:
- Permanent
- Rehabilitative
- Limited time
- Reimbursement
Permanent alimony is valid until the receiving party remarries or dies. Rehabilitative alimony is awarded to help the receiving party become employable. Limited time alimony is awarded for a given period of time only. Finally, reimbursement support is awarded so that one party pays the other back for education and employment expenses that she helped provide during the marriage.
Get Legal Representation
If you or anyone you know is considering filing for a divorce, she should contact an attorney immediately. It is important to have an attorney’s assistance and advice to help make this difficult time as easy as possible. Look in your local phone listings to find an attorney near you. A veteran attorney can help you ensure your and your children's rights are protected in court.
