Going through a divorce after two decades of marriage is undoubtedly a challenging experience, especially in a state like New Jersey with its specific laws and procedures. This guide aims to provide clarity and understanding for those navigating this difficult process in NJ. We'll explore the key aspects of long-term divorces, addressing common concerns and questions.
What are the grounds for divorce in New Jersey?
New Jersey is a "no-fault" divorce state. This means you don't need to prove fault (such as adultery or abuse) to obtain a divorce. Instead, you must demonstrate that the marriage is irretrievably broken, meaning there's no reasonable prospect of reconciliation. This is typically established by living separately for at least six months.
How is property divided in a New Jersey divorce after 20 years?
Dividing assets and debts in a long-term marriage like yours requires careful consideration. New Jersey is an equitable distribution state, meaning assets and debts are divided fairly, but not necessarily equally. The court considers various factors, including:
- Length of the marriage: A 20-year marriage carries significant weight, suggesting a substantial accumulation of assets and potential for significant alimony.
- Each spouse's contribution: This includes financial contributions, such as salaries and investments, as well as non-financial contributions, such as childcare and homemaking.
- The value of assets and debts: This requires thorough documentation and potentially professional appraisal of assets like real estate, businesses, and retirement accounts.
- Each spouse's earning capacity: The court will consider the potential future earnings of each spouse when determining alimony and equitable distribution.
What is alimony in New Jersey, and how is it determined in long-term marriages?
Alimony, or spousal support, aims to provide financial assistance to the spouse who is likely to experience a significant decrease in their standard of living after the divorce. In 20-year marriages, alimony is often a significant aspect of the settlement. The court considers many factors, including the length of the marriage, earning capacity, contributions to the marriage, and the needs of each spouse. Alimony can be permanent, limited duration, or rehabilitative, depending on the circumstances.
How is child custody determined in a New Jersey divorce?
If you have children, the court's primary concern is their best interests. Custody arrangements can include:
- Legal custody: This refers to the right to make major decisions regarding the children's upbringing, such as education and healthcare.
- Physical custody: This refers to the time the children spend with each parent. This can be a 50/50 split, or one parent may have primary physical custody.
The court will consider factors such as the child's wishes (if they are of a certain age), each parent's parenting abilities, and the child's stability.
What is the process for filing for divorce in New Jersey?
The divorce process typically begins with one spouse filing a complaint for divorce with the Superior Court of New Jersey. This initiates a series of steps including:
- Discovery: Both parties exchange information about assets, debts, and income.
- Negotiation: Ideally, spouses will reach a settlement agreement to avoid trial.
- Mediation: A neutral third party can help facilitate negotiations.
- Trial: If a settlement cannot be reached, a judge will make the final decisions.
How long does a divorce take in New Jersey?
The length of a divorce varies widely depending on the complexity of the case and the willingness of both parties to cooperate. Uncontested divorces might be finalized within a few months, while complex, contested cases can take years.
What is the cost of divorce in New Jersey?
Divorce costs can range substantially based on the complexity of the case, the need for lawyers, and the use of expert witnesses. Consider factors like attorney fees, court costs, and potential expert fees.
Do I need a lawyer for my divorce in New Jersey?
While not legally required, it is strongly recommended to seek legal counsel, especially for a long-term marriage involving significant assets and potential alimony. An experienced attorney can guide you through the process, protect your rights, and advocate for your best interests.
This information is for general guidance only and should not be considered legal advice. Consulting with a qualified New Jersey divorce attorney is crucial for personalized advice tailored to your specific circumstances. They can provide you with the most up-to-date and accurate information.
