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Divorce in New Jersey

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Nicknamed The Garden State, New Jersey has low divorce rates and married couples seem to be cultivating their unions and relationships.

To file a divorce petition in New Jersey, one spouse must have been a resident of the state for at least one year before filing. However, if adultery is the cited reason, the minimum residency is six months.1

New Jersey is both a no-fault and fault divorce state. A no-fault divorce doesn’t establish the fault of either spouse. You can obtain a no-fault divorce on the grounds of irreconcilable differences. At-fault reasons (one of the spouses is the cause of the divorce) include adultery, abandonment for over 12 months, extreme cruelty, separation of at least 18 consecutive months, imprisonment for 18 consecutive months, deviant sexual conduct, and institutionalization for mental illness.2

New Jersey is an equitable distribution property state, and only property acquired during the marriage is subject to division. New Jersey divorce laws attempt to divide marital property equitably and fairly. The courts may also consider factors such as contributions to a partner’s education, economic misconduct, and non-monetary contributions.3

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1N.J.S.A. § 2A:34-10

2N.J.S.A. § 2A:34-2

3N.J. STAT. ANN. § 2A:34-23N.J. STAT. ANN. § 2A:34-23.1

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