What does equitable distribution mean in a divorce?

What does equitable distribution mean in a divorce?

Equitable distribution is a legal theory whereby marital property is distributed equitably in a divorce proceeding. Property assets are classified as either separate property or marital property. Most US states follow the equitable distribution theory.

Are divorce records public NJ?

The state office does not store divorce records. All divorce decrees must be acquired from the Superior Court of New Jersey Records Center or the Court Clerk from where the case was heard.

Where the divorce cases are filed?

To apply for a divorce, you file an application at the Federal Circuit Court closest to where you live and pay the filing fee. Once these documents are filed then they need to be served.

How is alimony determined in New Jersey?

Alimony in the state of New Jersey is determined based upon a significant number of statutory factors, some of which are the length of the marriage, the age of the parties, the health of the parties, earning capacities of the parties, your history of earnings, as well as your education histories, your degrees and so …

Should I cash out my 401k before divorce?

Although you can withdraw retirement money for your divorce, this should be your last resort. Withdrawals from a 401k, especially before age 59 1/2. generally result in taxes and penalties. There are limited exceptions to this rule, but early withdrawals for a divorce case is not one of them.

Do I get half of my husband’s 401k in a divorce?

But either way, your spouse has the legal grounds to claim all or part of your 401k benefits in a divorce settlement. And in most cases, you’ll have to find a way to make a fair and equitable split of the funds.