Peter T. Harris Divorce Law Blog on Lawyers.com

The Law Firm of Einhorn, Harris, Ascher, Barbarito, & Frost, P.C. is pleased to provide you with this overview of New Jersey divorce laws and legal requirements.  Every divorce is different depending on the facts of the case and the personalities of the parties.

Divorce laws differ from state to state. Here in New Jersey, there are a number of requirements and guidelines to be followed, depending upon the particulars of your case. While it isn’t possible to outline all of them in detail here, we would like to offer a high-level overview for your general reference.

Causes for Divorce

Also known as “grounds,” these are confined to the following under NJ law: Irreconcilable differences Adultery

• Deviant sexual conduct performed without consent of the plaintif
• Willful and continued desertion for twelve or more months
• Extreme cruelty (mental or physical)
• Living separate and apart for a period of eighteen or more consecutive months, without prospect of reconciliation
• Voluntary addition to any narcotic drug or habitual drunkenness for a minimum of twelve consecutive months
• Institutionalization for mental illness for twenty-four or more consecutive months
• Imprisonment of the defendant for eighteen or more consecutive months after marriage

Divorce from Bed and Board

This is a type of dissolution of marriage that holds greater legal standing than separation but less than divorce. It was established in New Jersey long ago when, for religious reasons, couples didn’t want to obtain a full divorce but also didn’t want to live together any longer. Your attorney can explain the particulars involved in obtaining a divorce from bed and board, which can later be converted to an “absolute” divorce.

Jurisdiction with Regard to Divorces

The Superior Court of New Jersey has jurisdiction over all matters of divorce so long as at least one party is an established resident of New Jersey for one year or more.
 
Proper Filing and Answers

The plaintiff in a divorce proceeding must serve the defendant with complaint papers. Then the defendant must file either an “answer,” which may include counterclaims regarding the grounds cited in the complaint, or an “appearance” within 35 days of being served. An appearance serves as recognition that the complaint was received and that the defendant does not object to the terms cited therein.

Mandatory Education Program

Known in New Jersey as the Parent Education Program, divorcing spouses, who are also parents, are required to attend this program on the impact of divorce on children both legally and emotionally. It is intended to promote continued positive co-parenting.

There is other legislation that falls under the purview of the New Jersey Superior Court with regard to divorce issues affecting children, alimony, division of marital assets and debts, etc. You should speak to an attorney regarding the particular concerns and how the laws may affect your New Jersey divorce settlement.

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Einhorn, Harris, Ascher, Barbarito, & Frost, P.C.
165 East Main Street
P.O. Box 3010
Denville, NJ 07834
866-571-0905