No-Fault Divorce and Equitable Distribution of Property in New Jersey

May 13, 2011 (Press-News.org) For the first time, in 2007, a new law allowed true no-fault divorce for couples with irreconcilable differences in New Jersey. Understanding the provisions of the state's no-fault divorce law and how marital property is divided among former spouses is essential for people undergoing or considering divorce in New Jersey.

New Jersey No-Fault Divorce

Under previous New Jersey law, a complaint for divorce had to state a specific ground for dissolving a marriage, such as extreme cruelty or separation. To obtain a divorce, one spouse had to allege that the other spouse committed one of several wrongful acts listed in the divorce statute or that the couple had lived apart for more than 18 months. While these reasons are still accepted by judges as grounds for divorce, the new no-fault divorce law can make splitting up simpler and often less difficult than under the old law.

In New Jersey, no-fault divorce is based on irreconcilable differences. Put simply, this means a couple may be granted a divorce if they have persistent problems that they cannot work out. To qualify for no-fault divorce, a couple must have experienced irreconcilable differences for at least six months, the differences must be significant enough to make the dissolution of the marriage seem appropriate and there must be no reasonable chance of reconciliation. In addition, the spouses must have resided in New Jersey for a minimum of one year.

When seeking a no-fault divorce, it is not necessary to demonstrate that the other spouse did something wrong, and proving reprehensible acts by one spouse will not affect the division of property.

Equitable Distribution of Marital Property

When spouses get divorced, the assets and property they acquired together must be divided. In New Jersey, couples may decide how to distribute their property on their own. But, if they cannot come to an agreement, a judge will decide how to allocate marital property based on a framework called equitable distribution.

Equitable distribution usually does not mean that a couple's property is simply split 50/50 between them. Rather, a judge will consider a number of factors such as the economic circumstances of each person, his or her expected future medical or educational expenses, and the length of the marriage when creating a fair and equitable arrangement. The actual division of marital property depends on the unique facts and circumstances of each case.

If you are considering divorce, contact a family law attorney to ensure you receive a fair sum of your hard-earned marital assets.

Article provided by The Law Offices of James M. Newman and Associates, LLC
Visit us at www.monmouthlaw.com