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State of new jersey divorce

Availability of Simplified or Special Divorce Procedures:. The New Jersey courts will order all New Jersey parents filing for divorce to attend a "Parents' Education Program" in separate sessions whenever children are involved in a divorce.

Additionally, mediation may be ordered if the court deems that there are issues that could be resolved and agreed upon amicably through a mediation conference. The motivation behind mediation, as in other states, is to avoid having the parties, children, and court system entangled in painful and expensive litigation when not absolutely necessary.

Separation Grounds Still Available

An annulment is a court declaration that a marriage is legally invalid. In other words, rather than ending a marriage via divorce, a court may declare via an annulment that the marriage was never valid to begin with. Reasons for an annulment can include fraud, duress, a party's minor status, or consanguinity. Only the plaintiff has to appear. In court the procedure is very simple. The judge will ask you a few questions and unless there is a problem you will receive your divorce decree the very same day. Moses Apsan and his staff, based in New York City and Newark, NJ provide exceptional legal services throughout the world, in all aspects of immigration to the United States, including non-immigrant temporary visas , immigrant visa Green Card and deportation defense.

In addition Mr. He speaks Portuguese and Spanish.. Search articles:. Schedule an appointment. Grounds - "The legal reasons required before the court can grant a divorce" You have to choose one of these grounds The no-fault ground for divorce in New Jersey is: Six month irreconcilable differences; The following are some of the New Jersey fault based grounds: willful desertion for one year; commonly used cruel and inhuman treatment; commonly used drug addiction; sentenced to jail for eighteen months or more; adultery; rarely used.


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In making an award of custody the following are some factors which should be considered: parents' ability to agree; relationship of child with its parents and siblings; needs of the child; preference of the child, if child is sufficiently mature. You do not abandon an asset simply by moving out.

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Abandonment is one reason for filing a divorce but it does not affect assets. You may have walked away from the marital home but you have not walked away from your financial interest in the asset.

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New Jersey Divorce Source: New Jersey Divorce Facts

It is true that abandonment can be grounds for a divorce but this has no effect on any of the assets in which you have a financial interest. Certainly these agreements help those that have acquired significant assets before marriage. However, prenuptial agreements help all couples about to marry.

Many believe that a prenuptial agreement is a healthy, positive thing for a couple. Exchanging financial information and outlining resolutions early is healthy. Without one, you face these difficult issues when the relationship is strained and finances are difficult. There is no bright-line rule to when alimony can be granted. There are no set number of years that qualifies a person for alimony. It is a combination of many factors.

Alimony assists a spouse who lost the opportunity to advance his or her career during the marriage. It helps that spouse in maintaining a comparable lifestyle to that of the marriage. As stated above, no set time exists for alimony. However, the longer the marriage, the more likely a person will receive permanent alimony.

Some cases suggest permanent alimony can be awarded after 10 years, but those are very fact-specific cases. A long-term marriage, 15 to 20 years or more, may warrant permanent alimony.

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However, courts must still consider the factors above. Alimony can only be granted for the number of years a couple was married if the marriage lasted for less than 20 years unless under exceptional circumstances. People will often ask about legal separation.

How is a Divorce Complaint Used in New Jersey?

New Jersey does not recognize legal separation. In essence, the parties remain technically married and cannot remarry, but resolve their financial aspects. This divorce is commonly utilized by either very religious people who cannot, or are unwilling to, seek a full divorce, or people who need to continue medical insurance who may be unable to obtain it once they are divorced. Additionally, there is the option of a post-nuptial agreement. A post-nuptial agreement is similar to a prenuptial agreement, but, as the name suggests, is entered by the parties after marriage.

This serves to resolve the financial issues between parties while leaving the parties married, and you do not have to file anything with any court.


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So, if neither parent ever brought the other parent to court about the child or children, either is free to come and go with the state. To be otherwise, would prevent parents from taking children on vacations or over the bridge to New York for the day. Clearly, not the intention of the legislature. What needs to be proven depends on the type of shared custody. These issues relate to relocation permanently.