Divorce is a life-changing event that can feel overwhelming, but having the right information can make the process smoother. Whether you're just starting to consider divorce or are already in the thick of it, understanding your rights and the legal process is essential. To help, the experienced family law attorneys at the Davis Law Firm are here to answer the top five questions about divorce in New Jersey.
From property division to child custody, we’ll break down the complexities so you can make informed decisions about your future.
1. How Is Property Divided in a New Jersey Divorce?
In New Jersey, property division follows the principle of equitable distribution. Unlike community property states, New Jersey does not automatically split assets 50/50. Instead, courts aim for a fair division based on several factors, including:
- The duration of the marriage
- The financial and non-financial contributions of each spouse
- The economic circumstances of both parties
Equitable doesn’t always mean equal. For instance, if one spouse earns significantly more or contributed more to acquiring property, they might receive a larger share. Marital property typically includes assets like homes, vehicles, savings accounts, and retirement funds acquired during the marriage.
Separate property—assets owned before the marriage—usually remains with the original owner. However, disputes can arise if separate property has been commingled with marital assets. Working with a knowledgeable divorce lawyer ensures you receive a fair share of marital property and that your separate property is protected.
Common Concern:
A lot of people have the question, “Will I lose my home in the divorce?” The answer is: not necessarily.
If the home was purchased during the marriage, it’s considered marital property and may be sold or awarded to one spouse, with the other receiving compensation.
2. Who Gets Custody of the Children?
Child custody is one of the most emotional and contentious aspects of divorce. In New Jersey, the court’s primary focus is the best interests of the child. Factors that influence custody decisions include:
- The child’s relationship with each parent
- Each parent’s ability to provide a stable environment
- The mental and physical health of both parents
- The child’s preferences, depending on their age and maturity
New Jersey courts encourage parents to share joint custody whenever possible, which includes legal custody (decision-making authority) and physical custody (where the child lives). However, if joint custody isn’t feasible due to abuse, neglect, or other concerns, sole custody may be awarded to one parent.
Parenting time schedules are also established to ensure the non-custodial parent maintains a meaningful relationship with the child. A divorce lawyer can help you negotiate or litigate custody arrangements that prioritize your child’s well-being.
Tip for Parents:
- Keep communication with your ex-partner civil and focused on the children.
- Demonstrating cooperation can work in your favor during custody proceedings.
3. How Is Alimony Determined?
Alimony, or spousal support, is designed to ensure that both parties can maintain a reasonable standard of living post-divorce. Whether you are seeking alimony or may be required to pay it, understanding the factors that influence alimony decisions is critical. New Jersey courts consider:
- The length of the marriage
- The financial needs and earning capacity of each spouse
- The age and health of both parties
- The marital standard of living
Different Types of Alimony in New Jersey:
- Open Durational Alimony: For marriages lasting 20 years or more, this type of alimony has no fixed end date but may be modified based on changes in circumstances.
- Limited Duration Alimony: Awarded for a set period, typically for shorter marriages.
- Rehabilitative Alimony: Intended to support a spouse while they gain education or skills to become self-sufficient.
- Reimbursement Alimony: Provided as compensation for one spouse’s financial contributions to the other’s education or career development.
Alimony isn’t automatic. The court evaluates each case individually, and a divorce lawyer can help you understand what you may owe or receive.
4. Can I Keep My Retirement Savings?
Retirement accounts often represent a significant portion of marital assets, making them a frequent source of contention during divorce. In New Jersey, retirement savings accumulated during the marriage are typically considered marital property and subject to equitable distribution.
This includes:
- 401(k) plans
- IRAs
- Pensions
- Other employer-sponsored retirement accounts
However, contributions made before the marriage are generally considered separate property. To ensure the proper division of retirement funds without penalties or tax liabilities, a Qualified Domestic Relations Order (QDRO) is required.
Dividing retirement assets is a complex process. Working with an experienced divorce lawyer can help you preserve your financial security and avoid costly mistakes.
Did You Know?
- Failing to divide retirement accounts correctly can result in steep penalties.
- A QDRO ensures compliance with tax regulations and protects both parties.
5. How Long Does It Take to Get Divorced in New Jersey?
The duration of a divorce depends on whether it’s contested or uncontested.
- Uncontested Divorce: If both spouses agree on all terms, including property division, custody, and support, the process can take as little as three to six months.
- Contested Divorce: When disagreements require court intervention, the process can extend to 12 months or longer.
New Jersey allows for no-fault divorces based on irreconcilable differences, which require a six-month waiting period before filing. For fault-based divorces (e.g., adultery, abandonment), you must provide evidence to support your claims, which can prolong the timeline.
Hiring a divorce lawyer helps streamline the process by ensuring all documents are filed correctly and negotiations proceed efficiently.
Call the Davis Law Firm: Your Trusted New Jersey Divorce Lawyers
Divorce is never easy, but with the right support, you can navigate this challenging time with confidence. At the Davis Law Firm, our experienced divorce lawyers are dedicated to helping New Jersey residents resolve their cases efficiently and favorably. Whether you need assistance with child custody, property division, or alimony, we are here to provide compassionate and effective legal representation.
If you’re considering divorce in New Jersey, don’t face it alone. The experienced divorce lawyers at the Davis Law Firm are ready to guide you through every step of the process. Call us today at 609-587-9100 or fill out our online contact form to schedule a consultation and take control of your future. We help clients in Hamilton, Ewing, Medford, Moorestown, and throughout New Jersey.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.
