New Jersey divorce forms
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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 of at least one year. There is not a time limit when adultery is stated as the grounds for divorce, as long as one of the divorcing spouses is a resident of the spouse.

Reasons for Divorce in New-jersey

There are multiple grounds for divorce in the State of New Jersey which include:

  • Adultery
  • 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
  • Voluntary induced addiction to a narcotic drug or habitual drunkenness for a period of 12 or more months
  • Institutionalization for mental illness for 24 or more consecutive months.
  • Imprisonment of the defendant for 18 or more months after marriage provided where the action is not commenced until after release, the parties do not resume cohabitation.
  • Deviant sexual conduct performed by the defendant without the consent of the plaintiff.
  • Irreconcilable differences which are causing breakdown of marriage for six months or more with no reasonable prospect of reconciliation.
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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

When anyone chooses to file for divorce 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 age 18 and possibly beyond.

Venue for Divorce

New Jersey’s Superior Court has jurisdiction for all divorce without an attorney and standard court-based divorce actions initiated in the state.

Divorce Mediation

At any time during the DIY divorce process, either spouse may submit any disputed issues to mediation. If the spouses can reach an agreement, the case may proceed to court as an uncontested divorce.

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