New Jersey Divorce Laws

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Divorce is a legal termination of marriage that is carried out by an official procedure by the court. As it is a legal matter, there are number of rules and regulations that are used to govern it and its related issues. The combined set of these rules is called as the divorce laws. Every state has its specific law that mention the residency requirements and other necessities. According to the New Jersey laws, the residency condition is of prime importance to fulfill the basic procedure.

New Jersey Divorce Laws regarding Child Support

In this state, child support is finalized by using the Income Shares method as per which the combined income of both parents is considered to determine the level of support. The Court ponders over the following issues before deciding the amount and period of support:

• Reasonable liabilities and debts of each parent and child.
• Whether the Court has handed over the parents the responsibility of supporting other people.
• The earning capacity, assets and income of the child.
• Health status and age of each parent and the child.
• Ability and requirement regarding education of the child, inclusive of higher education.
• Earning capacity of each parent, inclusive of:
  • Work experience
  • Employment skills
  • Training
  • Background
  • Custody of children
  • Expenditure of child care
  • Duration and expenditure of each parent to secure an apt job after training or experience
  • All sources of assets and income of each parent.
  • Financial conditions and standard of living of each parent.
  • Requirements of the child.

The payment of child support is to be continued till the child reaches the age of maturity. In case of physically or mentally challenged children, the payment can be extended with the permission of the court. Child support is a way to secure the future of children involved in the divorce case.

New Jersey Divorce Laws regarding Child Custody

While deciding child custody, the Court has the best interests of the child in mind and accordingly considers the below mentioned factors:

• The number of children and their ages.
• A parent will not be labeled as unfit except when the behavior of the parent has a considerable ill effect on the child.
• The employment responsibilities of the parents.
• The duration and quality of time spent by the parent and the child along with each other before and after separation.
• How close the residences of the parents are.
• The fitness of the parents.
• The continuance and quality of education of the child.
• Whether the ambiance of the house offers stability to the child.
• The requirements of the child.
• If the child is of enough age and ability to reason and create an intelligent decision, then the preference of the child is taken into account.
• The past record of domestic violence and the safety of the child and either parent in case of physical abuse due to the other parent.
• The relation and interaction of the child with its siblings and parents.
• The readiness of the parent to accept custody.
• The ability of the parents to talk, accede and cooperate in issues pertaining to the child.

Child custody is often a complicated issue between the parents, especially if both of them are not on talking terms with each other. It will be awarded either to both spouses or a parent according to the situation. The court can hold an inquiry to know the facts about the condition between the parents and child.

Alimony

Alimony is defined as a spousal maintenance given to the partner who is economically lagging behind the other spouse. It is a monitory help provided to the partner to establish his or her financial stability after divorce.

The types of alimony that may be granted to either parent are as follows:

• Reimbursement alimony
• Limited duration alimony
• Rehabilitative alimony
• Permanent alimony

Some of the factors taken into account by the Court when taking a decision regarding alimony are mentioned below:

• The employability, vocational skills, educational levels and earning capacities of the partners.
• The standard of living reached during marital status and the possibility that each partner can continue with a comparable standard of living.
• The emotional and physical health and age of the partners.
• The period of marital life.
• The capacity and actual requirement of the partners to pay alimony.

The New Jersey divorce laws are legal tools that play a very important role in the process of divorce. Thus, they should be studied thoroughly by the petitioner who wants to file a case in this state.

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