Divorce Residency Essentials to Get Divorce in New-jersey
To file divorce documents in New Jersey, at least one of the spouses must be a resident of the state for a minimum of one year. There is no time limit when adultery is stated as the grounds for divorce as long as one of the divorcing spouses is a resident of the state.
Reasons for Divorce in New-jersey
There are multiple grounds for divorce in the State of New Jersey which include:
- Willful desertion for a term of at least 12 months. This is established by proof that the parties are no longer cohabitating as man and wife.
- Extreme cruelty. This may include both physical and mental cruelty which can endanger the safety or health of the plaintiff or make it unreasonable to expect the plaintiff to continue living with the defendant. In this case, the divorce cannot be filed until after three months from the date of the last act of cruelty.
- Separation with no prospect of reconciliation for at least 18 months.
- Voluntarily induced addiction to a narcotic drug or habitual drunkenness for a period of at least 12 months.
- Institutionalization for mental illness for at least 24 consecutive months.
- Imprisonment of the defendant for 18 months or more after marriage, provided that the divorce action is not commenced until after release and the parties do not resume cohabitation.
- Deviant sexual conduct performed by the defendant without the consent of the plaintiff.
- Irreconcilable differences which have caused a breakdown of marriage for six months or more with no reasonable prospect of reconciliation.
Custody of the Children in New-jersey
The New Jersey courts award custody based on the best interests of the child. They look at issues such as the parent’s ability to make decisions about the child’s future as well as the relationship of the child with his or her school, community and siblings. If the child is mature enough, the court will consider his or her preferences as well. When both parties agree on an arrangement that assures the best interests of the child, the court will generally follow that agreement.
New-jersey Child Support Guidelines
In New Jersey, the state child support guidelines will apply in nearly every case, barring exceptional circumstances. Both parents’ gross incomes and child-related expenses are considered when calculating the obligation. Payments continue until the child reaches the age of 18, but may continue beyond that date in some circumstances.
Venue for Divorce
New Jersey’s Superior Court has jurisdiction for all divorce cases filed without an attorney and for standard court-based divorce actions initiated in the state.
At any time during the DIY divorce process, either spouse may submit any disputed issues to mediation. If the spouses can reach agreements on all issues, the case may proceed to court as an uncontested divorce.