Understanding the Basics of Divorce in New Jersey: What You Need to Know
Going through a divorce can feel overwhelming, especially if you don’t know what to expect. Knowing the basics can make the process more manageable and even help you make more informed decisions.
First things first: New Jersey is a "no-fault" divorce state. That means you don’t have to prove wrongdoing like adultery or abuse. Instead, most people file for divorce because of "irreconcilable differences," which simply means the marriage has broken down and can’t be repaired.
To file for divorce in New Jersey, at least one spouse must have lived in the state for at least a year. The process starts with a complaint for divorce filed in the county where either spouse lives. From there, the other party will be served with legal notice, and they will be afforded a period of time to file an Answer.
Key issues that must be resolved include:
division of assets and debts
child custody and parenting time (if children are involved)
child support, and potentially spousal support (alimony).
These matters can be settled through negotiation, mediation, or, if necessary, litigation (going to court).
Some married people are able to do so by themselves, sitting at the kitchen table. Some need lawyers to speak and advocate on their behalf or simply guide them through the discussions. Many couples find themselves coming to an agreement through mediation with a third party (also usually a lawyer). Very few will need to have a Judge decide the issues through a divorce trial.
New Jersey Courts have an interest in you and your spouse resolving the issues in your divorce yourselves, without a Judge. There are many people getting divorced and not many Judges to hear their cases, costing the parties time and money. As a result, every divorce process has built-in required pit stops designed to help the parties reach a settlement agreement. This includes appearance before an Early Settlement Panel, custody and parenting time mediation, economic mediation, and Intensive Settlement Conferences.
Among and during these pit stops, spouses may also engage in discovery, or the process of collecting information (usually financial) from each other. If necessary, the attorneys may hire expert witnesses to evaluate parts of the case and form an opinion. These experts might look at custody and parenting time and make a recommendation about what is in the children’s best interest, or they might be a financial expert whose job it is to evaluate a business to learn its value or income. The information collected from these experts can help negotiations or be presented in court as evidence.
No two divorces look the same. Ask any friend or relative about their divorce, and everyone’s story will be different. Some are quick and amicable; others are more complex and contentious. In every case, knowledge is power, and understanding the basics is critical.