How are assets divided in divorce in NJ?
How are assets divided in divorce in NJ?
New Jersey uses the concept of “equitable distribution” to divide property in a divorce, which means that fundamental fairness, under the circumstances of each case, forms the basis of property division. By contrast, in community property states, courts attempt to divide property as near to a 50-50 split as possible.
Can my wife kick me out of the house in NJ?
Although it may seem unfair, even if the marital home is your separate property, you cannot simply order your spouse to move out. Under normal circumstances, both spouses have a right to continue occupying the home that has been their principal residence during the marriage while the divorce is pending.
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.
How much does the average divorce cost in NJ?
The results showed that the average total cost of divorce is $4,500-$5,000 (based on minimum and maximum hourly fees) when there are no contested issues. The average rises to $6,500-$7,500 when there’s one dispute but no trial, and $11,000-$13,000 for two or more disputes that are resolved through a settlement.
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.
Does adultery affect divorce in NJ?
In New Jersey, the fault grounds include adultery, abandonment, physical or emotional abuse, and alcohol or drug abuse. Adultery is one of the most common fault grounds alleged in divorce. You’re attorney’s fees will increase because your lawyer must investigate and prove your spouse in fact committed adultery.
Is it illegal to cheat on your spouse 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.
