Divorce in New Jersey
The following information is a resource on getting a divorce in NJ. You can find relevant divorce laws, divorce professionals, divorce forms, and child support guidelines and calculators. In addition to the resources listed below, you can find more help and information in our divorce article section.
ProfessionalsDivorce LawyersDivorce Mediators Divorce Counseling Accountants Financial Planners Private Investigators Background Checks Divorce SupportDivorce CounselingSupport Groups Domestic ViolenceShelters and Hotlines
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Divorce PapersOnline DivorceDivorce and Separation Forms Divorce Form Preparation Family Law ResourcesNJ Divorce LawChild Support Guidelines Child Support Calculator Child Support Enforcement |
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* Listings in the Resource and Professional Directory does not imply an endorsement by this website. WomansDivorce.com makes no warranty and assumes no legal liability for any service or provider listed below. If you provide a divorce related service and are interested in being listed in this directory, click here.
FIND A NJ DIVORCE LAWYER
Patricia Barbarito
Einhorn, Harris, Barbarito, Frost & Ironson
Denville, New Jersey Divorce Lawyers
With one of the largest matrimonial-law departments in New Jersey, the family-law firm of Einhorn, Harris, Ascher, Barbarito, Frost & Ironson has the right team to get the job done.
Ceconi & Cheifetz LLC
Summit, New Jersey Divorce Law
A principled approach to divorce law in New Jersey. A Practice Devoted Exclusively to Matrimonial Matters. Ceconi & Cheifetz, LLC is a law firm concentrating in servicing the needs of clients with Family Law and Domestic Relations Law issues.
John Finnerty
Finnerty, Canda & Drisgula, P.C.
Fair Lawn, New Jersey Family Law
Sitting on the sidelines just isn't an option for the New Jersey divorce attorneys at Finnerty, Canda & Drisgula, P.C. Our experienced and committed divorce attorneys will assist you in dealing with all aspects of family law and the litigation process.
The Law Offices of Ronald A. Graziano
Attorneys Ron Graziano or Robyn Flynn
1040 North Kings Highway Suite 650
Cherry Hill, NJ 08034
Counties Served: Camden, Burlington, Gloucester, Atlantic, Cape May
Phone: 856-755-9800
Fax: 856-755-9805
Mark Gruber
Gruber, Colabella, Liuzza, Kutyla & Williams
Sussex County, Morris County, Warren County, NJ Divorce Lawyers
The divorce attorneys of Gruber, Colabella, Liuzza, Kutyla and Williams have a solid reputation in the field of New Jersey family law, including divorce and separation, support and custody issues, juvenile law, and adoption.
Laufer, Knapp, Torzewski, Dalena, Sposaro, LLC
Morristown, Chester, Hackettstown, NJ Divorce Attorneys
The New Jersey family lawyers at Laufer Knapp make your peace of mind their primary concern. They offer a range of family law services: litigation, divorce mediation, and arbitration.
Alison C. Leslie
Morristown, NJ Divorce Law Morristown, New Jersey divorce lawyer
Alison C. Leslie is committed to offering you the individual attention you deserve.
Paras, Apy & Reiss
Red Bank, New Jersey Divorce Attorneys
A narrow focus on New Jersey family law and effective communication with clients are this firm’s greatest strengths. A boutique Family Law firm that's big on experience. Located in Red Bank, NJ, this trio of top-rate family law attorneys values effective communication and children's issues as important parts of their success.
David F. Salvaggio
Salvaggio Garibian LLC
Morristown, New Jersey Divorce Lawyers
In the 21st Century, the practice of family law has become more complex and increasingly demanding. Law offices and Choice Mediation Services. A member of the New Jersey Bar since 1977, Salvaggio is an experienced lawyer you can trust to help you solve your family-law problems. He is also a trained mediator who handles only divorce cases. Initial consultations are always free. Evening and weekend appointments are available.
Douglas K. Schoenberg, Esq.
Divorce Mediator in New York/New Jersey
Doug Schoenberg extensive experience in mediating thousands of divorces of all types will save you time, money and emotional trauma. We'll create a fair and workable settlement of parenting and financial issues that everyone can live with. Call me today to take charge of your divorce.
Wilentz Goldman Spitzer
Woodbridge, NJ, Eatontown, NJ, and New York, NY Family Law
The full-service New Jersey family-law firm of Wilentz Goldman Spitzer P.A. can help you start the next chapter of your life -- confident and ready to seize new opportunities.
Need a Divorce Lawyer?
DIVORCE MEDIATORS
Douglas K. Schoenberg, Esq.
Divorce Mediator in New York/New Jersey
Doug Schoenberg extensive experience in mediating thousands of divorces of all types will save you time, money and emotional trauma. We'll create a fair and workable settlement of parenting and financial issues that everyone can live with. Call me today to take charge of your divorce.
DIVORCE COUNSELING
Coaching for Change
Shelley Stile - Life Coach
218 Highland Avenue
Upper Montclair, NJ 07043
Phone: 973-746-0844
Fax: 973-746-0418
Email:
I coach women both through the divorce process and afterwards into a new and vibrant life. We concentrate on coping skills during the turmoil and pain of the actual divorce process and then move forward to work through the stages of divorce recovery (grief, anger, denial, resentment, fear, confusion, etc.) in order to learn how to let go of the past. We then begin the work of creating a new and vibrant life after divorce, one that is based on the client's passions and values.
DIVORCE FORM PREPARATION
Have All of Your Documents Completed For You! This easy to use, accurate, and up-to-date on-line divorce service is a perfect "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of New Jersey. You can get "Real Person" customer support by phone & e-mail, plus access to 40 downloadable books (valued at over $750). Start your New Jersey divorce online today.
ACCOUNTANTS
Withum Smith & Brown
Redbank, NJ
The divorce process can be long, complicated and emotionally draining. At Withum Smith+Brown (WS+B), we pride ourselves on our ability to combine technical competence and compassionate understanding throughout this troublesome time.
FINANCIAL PLANNERS
Atlantic Horizon Financial Group, LLC106 Apple Street
Tinton Falls, NJ 07724
Counties Served: All Counties
Phone: 732-212-0555 extension 24
Fax: 732-212-0520
Smith Barney
John Mikhael - Financial Consultant
325 Columbia Turnpike
Florham Park, NJ 07666
Phone: 973.410.3049
PRIVATE INVESTIGATORS
There are currently no private investigators for this state
BACKGROUND CHECKS
Instant Background Report - Find out date of birth and marital status, address history and aliases, criminal and court records, sex offender searches, property records, general public records, business registration and property resources. Find out the truth about anyone!
DIVORCE SUPPORT GROUPS
The Divorce Education Center of New Jersey150 JFK Parkway, Suite 100
Short Hills, NJ 07078
Phone: 973-323-3700
Email:
The Divorce Education Center of New Jersey is the only organization of it's kind
in New Jersey. We are exclusively dedicated to addressing the concerns of women
going through divorce.
Our primary focus is on financial issues relating
to divorce - from tips on negotiating a fair settlement, to preserving your
lifestyle, and teaching you about taxes, investments, and insurance. If it has
to do with your financial well-being, confidence or security, DECNJ.org is here
to help.
Divorce Care can help you locate a divorce support group in your area. There are thousands of DivorceCare support groups throughout the USA and Canada, and many groups meeting internationally as well.
Partners in Prevention provides consulting and psychological services to
domestic abuse survivors before, during and post divorce. Additionally, we serve
as consulting experts in both civil and criminal domestic violence cases. We
also offer continuing medical and nursing education in domestic abuse assessment
and clinical management to healthcare professionals. You can contact us at:
13918 E. Mississippi Ave
Aurora, CO 80012
Phone: 720-222-1058
DOMESTIC VIOLENCE RESOURCES
Domestic Violence Crisis and Support ServicesLocal Shelters and Hotlines
NEW JERSEY DIVORCE LAW SUMMARY
Online Divorce Statutes (Click the + sign by Title 2A to expand the chapter, scroll down and click the next arrow on each page until you get to the appropriate section.) Below you can read an overview of the basic divorce laws for the state of New Jersey:RESIDENCY REQUIREMENTS AND WHERE TO FILE: To file for a divorce, either party must be a resident of the state for a period of a least one year preceding the filing of the complaint. A divorce may be filed in the county where either party resides. The Superior Court has jurisdiction of all causes of divorce, bed and board divorce, or nullity when either party is a bona fide resident of this State. [Based on New Jersey Statutes 2A:34-8 and 2A:34-10]
LEGAL GROUNDS FOR DIVORCE: A divorce may be granted on the following grounds:
- Adultery;
- Desertion for more than one year;
- Extreme cruelty;
- Living separate and apart for at least 18 month;
- Addiction or habitual drunkenness for more than 12 months preceding the filing of the complaint;
- Institutionalization for mental illness for a period of 24 during the marriage and preceding the filing of the complaint;
- Imprisonment of the defendant for 18 or more consecutive months after marriage, provided that where the action is not commenced until after the defendant's release, the parties have not resumed cohabitation following such imprisonment;
- Deviant sexual conduct [Based on New Jersey Statutes 2A:34-2]
LEGAL SEPARATION: A divorce from bed and board may be granted on the same grounds as a divorce from matrimony. In all actions where a judgment of divorce from bed and board is entered the court may make such award or awards to the parties, in addition to alimony and maintenance, to effectuate an equitable distribution of the property, both real and personal, which was legally and beneficially acquired by them or either of them during the marriage. [Based on New Jersey Statutes 2A:34-3 and 2A:34-23]
MEDIATION OR COUNSELING REQUIREMENTS: The court shall order every person who has filed an action for divorce, nullity or separate maintenance where the custody, visitation or support of the minor child is an issue to attend the "Parents' Education Program". Each party shall attend separate sessions of the program. [Based on New Jersey Statutes 2A:34-12.5]
PROPERTY DISTRIBUTION: New Jersey is an equitable distribution state, meaning that the marital estate will be distributed in an equitable, but not necessarily equal, manner. In making an equitable distribution of property, the court shall consider, but not be limited to, the following factors:
- The duration of the marriage;
- The age and physical and emotional health of the parties;
- The income or property brought to the marriage by each party;
- The standard of living established during the marriage;
- Any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution;
- The economic circumstances of each party at the time the division of property becomes effective;
- The income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage;
- The contribution by each party to the education, training or earning power of the other;
- The contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker;
- The tax consequences of the proposed distribution to each party;
- The present value of the property;
- The need of a parent who has physical custody of a child to own or occupy the marital residence and to use or own the household effects;
- The debts and liabilities of the parties;
- The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children;
- The extent to which a party deferred achieving their career goals; and
- Any other factors which the court may deem relevant.
Separate property, real, personal or otherwise, legally or beneficially acquired during the marriage by either party by way of gift, devise, or intestate succession shall not be subject to equitable distribution, except that interspousal gifts shall be subject to equitable distribution. [Based on New Jersey Statutes 2A:34-23 and 2A:34-23.1]
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ALIMONY: In all actions brought for divorce,
divorce from bed and board, or nullity the court may award one or more of the
following types of alimony: permanent alimony; rehabilitative alimony; limited
duration alimony or reimbursement alimony to either party. In so doing the court
shall consider, but not be limited to, the following factors:
- The actual need and ability of the parties to pay;
- The duration of the marriage;
- The age, physical and emotional health of the parties;
- The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living;
- The earning capacities, educational levels, vocational skills, and employability of the parties;
- The length of absence from the job market of the party seeking maintenance;
- The parental responsibilities for the children;
- The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
- The history of the financial or non-financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
- The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
- The income available to either party through investment of any assets held by that party;
- The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment; and
- Any other factors which the court may deem relevant. [Based on New Jersey Divorce Statutes 2A:34-23]
SPOUSE'S NAME: The court, upon or after granting a divorce from the bonds of matrimony to either spouse, may allow either spouse to resume any name used by the spouse before the marriage, or to assume any surname. [Based on New Jersey Statutes 2A:34-21]
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CHILD CUSTODY: Custody may be awarded to either parent, based on
the best interests of the child. In making an award of
custody, the court shall consider but not be limited to the
following factors: 1) the parents' ability to agree, communicate and
cooperate in matters relating to the child; 2) the parents'
willingness to accept custody and any history of unwillingness to
allow parenting time not based on substantiated abuse; 3) the
interaction and relationship of the child with its parents and
siblings; 4) the history of domestic violence, if any; the safety of
the child and the safety of either parent from physical abuse by the
other parent; 5) the preference of the child when of sufficient age
and capacity to reason so as to form an intelligent decision; 6) the
needs of the child; 7) the stability of the home environment
offered; 8) the quality and continuity of the child's education; 9)
the fitness of the parents; 10) the geographical proximity of the
parents' homes; 11) the extent and quality of the time spent with
the child prior to or subsequent to the separation; 12) the parents'
employment responsibilities; 13) and the age and number of the
children. A parent shall not be deemed unfit unless the
parents' conduct has a substantial adverse effect on the child.
[Based on New Jersey Divorce Statutes 9:2-4]
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NJ CHILD SUPPORT LAWS: 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 in those cases not governed by court rule shall consider, but
not be limited to, 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, including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate employment;
- Need and capacity of the child for education, including higher education;
- Age and health of the child and each parent;
- Income, assets and earning ability of the child;
- Responsibility of the parents for the court-ordered support of others;
- Reasonable debts and liabilities of each child and parent; and
- Any other factors the court may deem relevant. [Based on New Jersey Divorce Statutes 2A:34-23]
For a complete overview of the determination of the amount of child support that will be ordered, see the New Jersey Child Support Guidelines.
PREMARITAL AGREEMENT: Parties to a premarital agreement may contract with respect to:
- The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;
- The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
- The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event;
- The modification or elimination of spousal support;
- The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
- The ownership rights in and disposition of the death benefit from a life insurance policy;
- The choice of law governing the construction of the agreement; and
- Any other matter, including their personal rights and obligations, not in violation of public policy.
A premarital agreement shall not adversely affect the right of a child to support. [Based on New Jersey Divorce Statutes Title 37, Section 37:2-34] » Return to top
