New Jersey Divorce Worksheet and Law Summary for Contested or Uncontested Case of over 25 pages - Ideal Client Interview Form
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In order to qualify for open duration alimony, you must have been married for at least 20 years.
Although it may seem unfair, even if the marital home is your separate property, you cannot simply order your spouse to move out. Under normal circumstances, both spouses have a right to continue occupying the home that has been their principal residence during the marriage while the divorce is pending.
To begin the divorce process, one spouse must file a divorce complaint with the court.The divorce complaint must include the names and addresses of the parties, the place and date of the marriage, and various other details. It must also include the grounds for divorce, which can be based on fault or no fault.
In New Jersey limited duration alimony, permanent and/or rehabilitative alimony, reimbursement alimony, or a combination thereof will be ordered. For example, a spouse unable to get skills and training necessary to get a job and support themselves may be entitled to permanent alimony.
If the decision is mutual and you and your spouse agree on all legal matters, your divorce could be finalized as soon as 6 to 8 weeks from the filing of the papers. More typically, an uncontested divorce takes 3 to 4 months to iron out the settlement agreement and get court approval.
Under California's community property laws, assets and debts spouses acquire during marriage belong equally to both of them, and they must divide them equally in a divorce. (Cal.Code § 2581) Some couples are able to agree on how to divide all their property and debts, like deciding who gets the house in a divorce.
Alimony in the state of New Jersey is determined based upon a significant number of statutory factors, some of which are the length of the marriage, the age of the parties, the health of the parties, earning capacities of the parties, your history of earnings, as well as your education histories, your degrees and so
So no, New Jersey is not a 50/50 divorce state by any means. However, the equitable distribution setup is what New Jersey courts have deemed to be the fairest way to divide assets in a divorce settlement for each of the parties.