How is property divided in a divorce in New Jersey?

How is property divided in a divorce in New Jersey?

If a couple is unable to reach an agreement, the courts may step in and issue a decision on their behalf. New Jersey is an equitable distribution state, meaning that marital property is divided between divorcing spouses in a manner that is fair or equitable.

Is New Jersey a spousal state?

There is no community property in New Jersey. All marital assets get equitably distributed in a New Jersey divorce. Among these assets are houses, retirement funds, property, financial accounts, and debt acquired during the marriage.

Is the state of Virginia of 50 50 state when it comes to divorce?

Virginia is an equitable distribution state, meaning the court considers certain factors to determine a fair (though not necessarily equal) division of the marital property. It’s not necessarily a 50/50 split. Any other factors the court considers necessary for a fair and equitable division.

How much does a divorce cost in NJ?

The cost to file a divorce complaint in NJ is $300.00. In addition, if child support, child custody, or child visitation are issues in the divorce, the person who files must also pay a mandatory $25.00 fee to take a parent education class.

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.

Can you file for divorce in NJ without a lawyer?

Representation is Recommended. You can file for a divorce in New Jersey without legal representation.

How long do you get alimony in NJ?

Section 2A:34-23 limits alimony for marriages lasting 20 years or less to no longer than the length of the marriage, except in “exceptional circumstances.” The law also creates a rebuttable presumption that alimony will terminate when the paying spouse reaches full retirement age.

How many years do you have to be married to get alimony in NJ?

20 years

Who is entitled to alimony in NJ?

Open durational spousal support or alimony in New Jersey may be awarded in longer-term marriages of 20 years or greater where there is little, if any, chance that a dependent spouse would ever be able to maintain the standard of living of the marriage.

Who gets the house in a divorce in NJ?

New Jersey is an equitable distribution state which means that, in the event of a divorce, the marital property is not automatically split 50-50. Rather, equitable distribution is defined as the division of marital assets in a manner that is fair but not necessarily equal.

What is the difference between alimony and spousal support in NJ?

While there is no real difference between alimony and spousal support, there is a difference between alimony and child support. Child support is generally considered a fundamental right for children.

How can I avoid alimony in NJ?

Alimony in New Jersey allows couples to stop making and receiving alimony payments in a handful of circumstances. As mentioned earlier, the easiest way to end payments is to request a change when you reach the federal retirement age: 67. This change can help protect your investment in a retirement savings account.

How is alimony calculated NJ?

Historically, there has been an unwritten rule – a rule of thumb – for alimony. It said one-third of the difference of the parties’ gross incomes equated to a gross alimony number, said Terryann Bradley, a family law attorney with Laufer, Dalena, Cadicina and Bradley in Morristown.

What happens if you don’t pay alimony in NJ?

So, if you live in New Jersey and your spouse has failed to pay alimony, a court might hold your spouse in contempt. If the judge finds your ex in contempt, the first punishment will most likely be an order to pay the overdue support and possibly an additional fine.

What percentage of my income will go to alimony?

The American Academy of Matrimonial Lawyers supports an equation of 30 percent of the paying spouse’s income minus 20 percent of the receiving spouse’s income.

How long does an ex husband have to pay alimony?

If you were married, you have 12 months from the date of your divorce to apply for spousal maintenance. If you were in a de facto relationship, you have two years from the date of final separation to make the application.