Family Law: Divorce

New Jersey Divorce Attorneys with Skill and Tact

Divorce (565)

Divorce can be a very lengthy and emotional process for many people.  Often people are confused about what they are entitled to and what their obligations may be within the divorce context.  In New Jersey, all assets and debts that were acquired during a marriage are subject to equitable distribution between the parties.  Equitable distribution means that the assets and debts will be divided between the parties in an equitable fashion based on a variety of statutory factors. Additionally, there may be support due and owing from one party to the other, whether it is child support, spousal support (also known as alimony) or both.

The divorce process in New Jersey can be very confusing. It is important for a litigant to retain an attorney to help him/her navigate through the court system and to ensure his/her rights are protected. 

In order to file for a divorce in New Jersey, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed.

There are two types of grounds for divorce: fault and no-fault. New Jersey law sets forth two “no fault” grounds for divorce and seven "fault" grounds for divorce. The Complaint for Divorce must declare the appropriate New Jersey grounds upon which the divorce is being sought. The no fault divorce grounds are as follows:

1. Irreconcilable differences occurs when there has been a breakdown of the marriage for a period of six months which makes it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation.
2. Living separate and apart for 18 months where there is no reasonable prospect of reconciliation.

The fault grounds include:

1. Extreme cruelty which includes any physical or mental cruelty which makes it improper or unreasonable to expect that individual to cohabitate with their spouse.
2. Adultery exists when one spouse rejects the other by entering into a personal intimate relationship with any other person, irrespective of the specific sexual acts performed; the rejection of the spouse coupled with out-of-marriage intimacy constitutes adultery.
3. Desertion is the willful and continuous desertion by one party for a period of twelve or more months.
4. Addiction involves a dependence on a narcotic or other controlled, dangerous substance, or a habitual drunkenness for a period of twelve or more consecutive months immediately preceding the filing of the complaint.
5. Institutionalization occurs when one spouse has been institutionalized for mental illness for a period of twelve or more consecutive months subsequent to the marriage and preceding the filing of the complaint.
6. Imprisonment as a ground for divorce occurs when a spouse has been imprisoned for eighteen or more months after the marriage.
7. Deviant Sexual Conduct occurs if the defendant engages in deviant sexual conduct without the consent of the plaintiff spouse.

At Helmer, Conley & Kasselman, P.A., our New Jersey divorce lawyers are experienced in helping client’s obtain successful results in their divorce cases.  As a client, we can assist you throughout your divorce process to achieve the best results possible for you and your child(ren).  We help guide clients from the date of the filing of the divorce complaint to the completion of the case. We take great care to ensure the client is satisfied with the end result.