Does it matter who files for divorce first in NJ?

Does it matter who files for divorce first in NJ?

To begin your divorce process, either you or your spouse must file a divorce complaint with the court. The one who files is named the Plaintiff, and the other spouse will be the Defendant. No, it does not matter who filed for divorce first, in New Jersey, and it does not matter who is Plaintiff and who is Defendant.

How much does the average divorce cost in NJ?

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Divorce is expensive. Nolo finds that the average divorce costs $15,000, with prices ranging from $1,000 to over $100,000 in some cases. Couples that get married often spend $25,000 to tie the knot and $15,500 to end their marriage.

Is New Jersey a 50 50 state when it comes to divorce?

It is important, in matters of divorce, to understand the difference between “equal” and “equitable.” While some states allow for a strict 50/50 (equal) division of property in a divorce, New Jersey is an equitable division state.

Who gets the house in a NJ divorce?

Typically, neither spouse can afford the mortgage payments alone. The proceeds may then be divided upon agreement between each spouse. Other than that, one spouse may buyout the home from the other and then continue to re-finance the mortgage. You may have to make the decision to move out or not.

Does adultery affect divorce in NJ?

The law does not specify any particular sexual act as constituting adultery, only that, by one spouse having a personal and intimate relationship with a person outside the marriage, the other spouse is rejected. Adultery is the only grounds for divorce in New Jersey that has no waiting period before you file.

Can a cheating spouse get alimony in New Jersey?

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The spouse who has committed adultery or another form of misconduct may either be awarded less alimony or be ordered to pay a greater amount of alimony depending on your circumstances. Child Custody – in general terms, marital misconduct will not have a serious impact on child custody considerations.

Is it illegal to cheat on your spouse in NJ?

Rarely used are the seven grounds for fault divorce, which includes adultery. The advantages to filing for adultery in New Jersey are limited since, as mentioned above, New Jersey is a no fault state, and courts do not take marital fault into consideration when adjudicating property division or alimony.