New Jersey

DIVORCE DOCUMENTS HOME

The following laws and guidelines are explained very briefly to provide a basic understanding. If further knowledge is wished to be gained please make use of your local library, and seek the assistance of a professional. This section is reviewed regularly, but due to the changing of laws some material may be incorrect or outdated.

FAULT/NO FAULT DIVORCE

The process of divorce is initiated by the filing of a Complaint for Divorce in the Superior Court of New Jersey, Chancery Division, Family Part on either fault or no fault grounds. No fault grounds are more accurately classified as eighteen months separation in separate residences where the parties have not engaged in sexual relations with one another during that period of time. The complaint cannot be filed until after the eighteen month period. This is because the State of New jersey has an interest in preserving marriages and family life and have created an eighteen monthly "cooling off" period when the parties do not have fault grounds. In reality, most people chose not to wait the eighteen months due to the desire to terminate the relationship and move on quickly. More often, the economics prohibit the parties from living separate and apart. Many people are surprised to learn that they may live together after commencing divorce on one of the fault grounds. Fault grounds are as follows:

(A). Extreme Mental or Physical Cruelty - is commonly defined as behavior considered extremely mentally cruel so that it becomes unreasonable to live together as husband and wife. Other States label this cause "irreconcilable differences". Most Superior Court Judges hold the Modern view that if marriage is dead, a divorce should be granted. It is usually not difficult to establish a basis of extreme mental cruelty when one considers the subjective nature of the criteria. There is technically a three month waiting period between the last act complained of and the filing of the Complaint for Divorce.

(B). Adultery- people are obsessed with attempting to establish adultery. It need not to be corroborated and may be proven by circumstantial evidence. However, most Judges still require corroboration. Circumstantial evidence can be shown by establishing: 1) the inclination to commit adultery, such as a close intimate relationship with another person, and 2) the opportunity for adultery. Proof that the co-respondent ( the person committing adultery with one of the parties) is known to be a co-worker and confident and the co-respondent was observed entering the defendant's residence in the evening and exiting later the following morning is usually sufficient. Ordinarily, a private investigator or unbiased witness is necessary to prove a circumstantial case. The co-respondent must receive notice that they have been named in the Complaint for Divorce and the co-respondent has the right to intervene, although few ever enter the case.

(C). Desertion- This is established when one party willfully deserts the other for a period of twelve or more continuos months preceding the filing of the Complaint for Divorce. A voluntary separation does not constitute desertion.

(D). Constructive Desertion- This is a willful refusal to have sexual relations with your spouse for a period of twelve or more months prior to the filing of the Complaint for Divorce.

(E). Habitual Drunkenness- This is established when a pattern of drinking habitually is demonstrated. Ordinarily, extreme mental and physical cruelty accompany habitual drunkenness.

(F). Drug Habituation- This requires a proof of a drug dependency.

(G). Imprisonment- Incarceration must be for twelve continuos months prior to the filing of the Complaint for Divorce.

(H). Institutionalization- This requires twelve continuous months prior to the filing of the Complaint for Divorce.

(I). Deviant Sexual Behavior- Use your Imagination.

New Jersey Annulment(provided by Gruber & Colabella, P.A.)

Annulment is not divorce in terms of terminating a marriage. Annulment voids a marriage from the beginning as though it never existed. Annulment may be established if one of the parties lacked a legal capacity to marry either by age or mental capacity. Most often annulments are established when it can be shown that the party against whom annulment is sought entered into the marriage committing a fraud which goes to the essentials of marriage. Annulments are typically granted when a spouse fails to disclose impotency, enters the marriage to gain citizenship only, or enters the marriage promising a family and later refuses. The textbook example is that of an interfaith marriage where the non-Jewish spouse is later discovered to be a Nazi sympathizer. Most people mistake annulment in the State's Courts for a religious annulment. Annulments are difficult to prove and are rare.

The New Jersey Child Support Guidelines were devised to be in the best interests of a child. Only if the parents can not agree to an amount will the court use the following Guidelines to determine support.

One Child= 21% of annual income
Two children= 33% of annual income
Three Children= 42% of annual income
Four Children= 47% of annual income
Five Children= 51% of annual income

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To prepare your documents, you would simply edit the information as it applies to you.

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