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Understanding How to Begin the New Jersey Divorce Process

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;.

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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;. This list of factors is not exhaustive. One purpose of this statute is to take into account the role of a homemaker or stay-at-home parent or spouse in what courts have viewed as a joint enterprise. Thus, if one spouse acquired all of the marital assets through earned income while the other spouse stayed at home and took care of the children, a court would recognize that the marriage is a partnership and would presume that the marital property was acquired through the efforts of both spouses.

Filing for Divorce in New Jersey

Several important factors to keep in mind about equitable distribution are as follows: First, one should note that generally, the time period for determining what property is acquired during the marriage is the period from the date of marriage to the filing of the divorce complaint. Under New Jersey law, the title under which the asset was acquired is not determinative of distribution. Finally, one should also note that courts have excluded fault as a factor in the distribution of property at the time of a divorce. In conclusion, this is a general overview of New Jersey's equitable distribution law and is only intended to be an introduction into this area of family law.

As previously indicated, this process may range from a simple and straightforward distribution to a complicated and more sophisticated process. Forms Firms Schools. Most courts will require that this form be completed and filed along with a Marital Settlement Agreement.

Please note that in Paragraph 5 Grounds for Divorce , the Plaintiff will need to specify grounds for divorce that are recognized as valid within the State of New Jersey. New Jersey law recognizes only the following grounds as sufficient for granting a no-fault divorce: Living separate and apart for 18 months, and no reasonable prospect exists of reconciliation.