Statutory Reference to New Jersey Statutes Annotated:

Residence: §§ 2A:34-8, 2A:34-10

Divorce: § 2A:34-2

Property Division: § 2A:34-23

Alimony: § 2A:34-23b

Custody: § 2A:34-23

Visitation: § 2A:34-23.3

Child Support: Court Rules, Appendix IX

 

Residence:

(1) One of the spouses must be a resident of New Jersey for at least one year prior to the filing for divorce, or (2) if the cause of divorce is adultery and took place in New Jersey, one of the spouses must be a resident at the time of filing.

 

Grounds:

No fault: Living separate and apart for 18 months and no reasonable prospect of reconciliation.

Fault: (1) adultery; (2) imprisonment for 18 months; (3) unnatural sexual behavior before or after marriage; (4) alcoholism and/or drug addition; (5) willful desertion for one year; (6) cruel and inhuman treatment; (7) separation for two years caused by confinement for mental illness; (8) extreme cruelty.

 

Distribution of Property:

Equitable distribution of property, based on dual classification of property.  Marital property is property legally and beneficially acquired during the marriage, except for property acquired by gift, devise, interstate succession, except that interspousal gifts are marital property.  Twenty-two factors are listed for consideration by the court. 

 

Alimony/Spousal Support:

Either party may be awarded alimony without regard to marital fault, based on 14 factors.  Alimony may be permanent or rehabilitative. 

 

Child Custody/Visitation:

Sole or joint custody may be awarded based on the needs of the child.  There is no preference for either parent, and no preference for joint custody.

 

Child Support:

Child support guidelines are contained in New Jersey Court Rules, Appendix IX.  The guidelines are based on the Income Shares model figured on net income.