New Jersey

Marriage & Family Law Home

How is Alimony Granted?

In the state of New Jersey, during a dissolution of a civil union, or after a judgment of divorce, dissolution, or maintenance, regardless of state the judgment was obtained in, the court may grant alimony or maintenance if the circumstances require it. Alimony payments may be established to continue the standard of living of a lower income or dependent spouse. There are many considerations made by the court when deciding an alimony case.

Some factors that may change the court’s decision in amount, length, or requirement of alimony payments include, but are not limited to, are: the length the marriage, the age and physical and mental health of both parties, the division of the property made during the process of the divorce, and the earning abilities of both individuals after the divorce. Included in the earning capacity of both individuals would be the educat ....... Click here to get more info on Alimony

Which Factors are Considered in Determining Child Support?

In so doing the court shall consider, but not be limited to, the following factors:

• The actual need and ability of the parties to pay



• The duration of the marriage or civil union



• The age, physical and emotional health of the parties



• The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living



• The earning capacities, educational levels, vocational skills, and employability of the parties



• The length of absence from the job market of the party seeking maintenance



• The parental responsibilities for the children



• The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income



• The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities



• The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair



• The income available to either party through investment of any assets held by that party



• The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment



• Any other factors which the court may deem relevant.

....... Click here to get more info on Child Support

How are Custody Proceedings Handled?

The Legislature finds and declares that it is in the public policy of this State to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.

In any proceeding involving the custody of a minor child, the rights of both parents shall be equal and the court shall enter an order which may include:

Joint custody of a minor child to both parents, which is comprised of legal custody or physical custody which shall include:

• provisions for residential arrangements so that a child shall reside either solely with one parent or alternatively with each parent in accordance with the needs of the parents and the child



• provisions for consultation between the parents in making major decisions ....... Click here to get more info on Custody

What is the Criteria for Divorce?

For New Jersey, one of the spouses must have lived in the state for one year before they can file for divorce. This also applies to members of the Armed Forces that are stationed in the state.

New Jersey only recognizes reasons for divorce as:

a. Adultery;

b. Willful and continued desertion for the term of 12 or more months, which may be established by satisfactory proof that the ....... Click here to get more info on Divorce