New Jersey divorce online
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Residency Requirements
Either spouse must have been a resident of the State of New Jersey for no less than 12 months to have a right to file for a divorce.
When adultery is the grounds for divorce, there is no timeframe if one spouse is a resident of the state.
Reasons for Divorce in New Jersey
New Jersey courts recognize no-fault and fault divorces.
The grounds that may be used for no-fault divorce are:
- Irreconcilable differences with no possibility of reconciliation for a period of 180 days.
- Separated and have been living apart with no chance of reconciliation for no less than 18 months.
Reasons for fault divorces that are recognized by the court are:
- Adultery
- Extreme cruelty
- Desertion - The intentional and consistent abandonment for a span 12 months or more, that may be accepted as adequate validation if one spouse has stopped living together as a married couple.
- Addiction
- Incarceration
- Mental insanity of the spouse
- Deviant sexual conduct
Parenting Issues
Any settlement agreed upon for custody will be accepted by the judge unless it is not in the child's best interests. If either spouse is unable to reach an agreement, the judge will determine the issue after consideration.
Child Support
New Jersey’s child support guidelines practically cover everything, unless there is an unusual situation. The support calculation will depend on the child's related expenses, and the income of parents is taken into consideration upon calculation.
Support ends when the child reaches the age of 19. However, the new law allows for child and/or medical support to continue up to age 23 for cases in which the dependent is still in school, disabled, if the parties reached a separate agreement and/or if continued support was granted by the court.
Venue
The dissolution of marriage should be filed in the Superior Court of the Plaintiff's county of residence. However, if the Plaintiff does not reside in the State of New Jersey, he or she must file in the county of the Defendant's residence.
Filing Fees
Remember to ask your county’s court officer about filing fees, since we do not include court filing fees — which differ from county to county.