Navigating Divorce in New Jersey
April 25, 2024
Authored by: Alexandra Bravo and Victoria Carvajal
This article is made possible by the generous support from Taylor Tobey and Sarah Brodsky at 9Sail.
Alexandra Bravo
Victoria Carvajal
The divorce process can be a legally complicated and emotionally draining process. Like many legal processes, there are specific steps that need to be followed, often with deadlines attached. Knowing what to expect can help reduce surprises and help you make the best decisions for yourself and your family.
The Divorce Process in New Jersey Explained
If you are looking to file for divorce in New Jersey, there are a few considerations that must first be met such as residency requirements, choosing the correct venue, and deciding on a cause of action. New Jersey is a no-fault state, meaning that a spouse can file for divorce without having to prove wrongdoing by either party. This is called filing for divorce based on irreconcilable differences. While you can file for other reasons, this is the most common reason, or cause of action, and the one that VLJ can assist with. The person filing for divorce is called the “Plaintiff” and the person who is served the complaint is called the “Defendant”.
After a divorce complaint is filed, it must be served on the Defendant, who will have 35 days to respond with an Answer, or Answer and Counterclaim, confirming or denying the information in the complaint, and/or asking for their own relief. If the Defendant does not respond after being served, the Plaintiff can ask for a default hearing, which is a divorce hearing that proceeds without the Defendant. For anything other than a simple divorce, the Defendant must be serviced with a Notice of Proposed Final Judgment and Case Information Statement at least 20 days before the default hearing date, with proof that these documents were served on the Defendant.
If your spouse does respond, the court will schedule you both for an initial case management conference. This conference is meant to introduce you to the judge, set dates for upcoming hearings, and set deadlines for the exchange of financial and other information.
Throughout the process, the spouses will be encouraged to settle issues through mediation, settlement conferences, case management conferences, and parenting education programs. The parties will also be asked to give a full disclosure about their debts, assets, and financial standing. If these issues cannot be resolved, the issues will be decided at trial. The matter is concluded when the judge issues a final order of divorce, finalizing the agreements, decisions, and responsibilities of the parties.
Five Common Issues Encountered During the Divorce Process
The length and complexity of a divorce depends on what relief the parties are seeking, if there are children born of the marriage to consider, and the parties’ willingness to cooperate. While the process can be stressful, it helps to be prepared for common issues that appear.
Custody and Parenting time
There are two types of custody arrangements: legal and physical. Legal custody refers to a parent’s ability to make important decisions about their child or children’s health, education, and general welfare. Physical custody refers to where the child or children will live the majority of the time.
In New Jersey, both parents are presumed to have joint legal and physical custody of the children born from the marriage. The expectation is that the parents will agree to residential arrangements, deciding if the child will live solely with one parent or alternating with each parent. Similarly, parents are expected to work together when making major decisions about the child’s upbringing.
If one parent is granted sole custody of the child, appropriate parenting time can still be arranged for the noncustodial parent. The ultimate goal is for the noncustodial parent and their child to still spend reasonable time together. If the parties cannot come to their own agreement regarding custody and/or parenting time, they will be directed to attend mediation, where trained court staff will assist them in creating a custody and parenting plan. If the parties still cannot come to an agreement after mediation, custody and parenting time will be determined by a judge.
Alimony
Alimony (also called spousal support or spousal maintenance) is a sum of money paid by one spouse to the other during or after a divorce. The purpose of alimony is to ensure that the parties are able to reasonably maintain their lifestyles after the divorce, particularly if one of the parties has a lot more money or assets. In New Jersey, there are four kinds of alimony: open durational, limited duration, rehabilitative, and reimbursement.
Open durational alimony is reserved for marriages that lasted over twenty years, or in extraordinary circumstances. A common misconception is that in this arrangement, alimony is permanent. While not entirely true, the payments will continue until there is a material change in circumstances.
Limited duration alimony is for marriages that lasted less than twenty years. In this arrangement, the court considers the time frame needed for one party to become self-sufficient. Additionally, the payment duration cannot be longer than the length of the marriage.
Rehabilitative alimony awards payments to the dependent spouse while they receive training or education that will allow them to become self-sufficient. As a result, the party who needs the skill must come up with the plan. If they fail to acquire the education or training in accordance with the plan, the alimony arrangement can change.
Lastly, reimbursement alimony is a rare form of spousal support for situations where one spouse financially supported the other while they pursued career training or education. The court considers the fact that the working spouse reasonably expected to enjoy the benefits of their spouse’s degree, which never occurred due to the divorce.
Child Support
Child support payments are payments made from a noncustodial parent to the custodial parent to pay for the child’s daily necessities. The child support guidelines take several factors into account when determining the needs of the child including earning ability of the parents, other child support obligations that the parents have, the responsibilities of the caretaker, and the educational needs of the child. The court uses this information to run child support guidelines.
It is important to note that while child support is paid to the parent, the payments belong to the child and therefore, a parent cannot waive child support. It also means that payments can only be modified if there was been a permanent, substantial, and/or involuntary change in circumstances.
Equitable Distribution
Equitable distribution refers to the process of dividing marital assets and debts acquired during the marriage. This includes real estate, mortgages, credit card debt, bank accounts, vehicles, retirement savings, pensions, and personal property. If the parties cannot come to their own agreement regarding equitable distribution, they will be directed to attend economic mediation, with an experienced family law attorney who can assist them dividing assets and debts in a mutually agreeable manner. If the parties still cannot come to an agreement after mediation, equitable distribution time will be determined by a judge.
The way the assets will be divided is based on several factors, such as the duration of the marriage, ages of the parties, physical and emotional health of the parties, the standard of living during the marriage, contracts between the parties such as a prenuptial agreement, and the economic circumstances at the time of the division.
How a New Jersey Pro Bono Divorce Attorney Can Help You
The divorce process can be daunting. Even the simplest divorce can take several months to finalize, and mistakes can cost you valuable time and energy. A divorce attorney can help ensure that your paperwork is filed correctly and on time and offer advice about how to proceed. The divorce process necessarily challenges people to think about their family’s needs and finances in a way that they might never have before. Attorneys can remove the guesswork, allowing you to feel more confident during a stressful process. Your family and living situation is unique, and as a result, there is no one-size-fits-all divorce. A divorce attorney can help you make the right choices for you and your family.
You Don’t Have to Go Through Your Divorce Alone
Going through a divorce can be a complicated, expensive, and emotionally taxing experience. Thankfully, Volunteer Lawyers for Justice (VLJ) offers free legal assistance through our pro se Divorce Clinic. Through our pro se (self-represented) model, eligible clients remain in control of their case while still receiving help preparing their filings from our volunteers. While the clinic does not offer full representation, we can assist with a range of filings, including initial and responsive pleadings, service documents, and certain motions. Clients who use our clinic can feel confident about the advice and assistance they receive, free of charge.
To learn more or apply for legal help from VLJ, please visit www.vljnj.org/get-help.
For information on divorce from New Jersey Courts, please visit www.njcourts.gov/self-help/divorce.
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