New Jersey Divorce Tips
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Breaking the marriage vows is not that easy. In the past couples used to sit and discuss the marital problems with each other; they tried to find a solution to these problems or even compromised for the sake of their children. With the change of time, people and their perspectives have also changed. Now, the divorce rate has increased a lot. It is also true that divorce provides a relief to hearts which are no more together. Your children need not bear the ill effects of your quarrels, differences and thus, get depressed. So, if you take the decision of ending your married life legally, you should know the divorce laws of your state that will address your case. New Jersey Divorce Tips deal with the divorce laws that are prevalent in New Jersey.
Some useful New Jersey Divorce Tips
- Any of the spouse needs to be a resident of New Jersey for at least one year before the case is filed. But when adultery is the ground for divorce, then there is an exception to this rule. In this case, at least one party must be a New Jersey resident. The proceedings may be initiated at any time and these are filed in the filing party's county of residency. If the petitioner is found not residing in his/ her state at the time of the cause of the action, the case is filed in the county where the defendant/ respondent lives.
- New Jersey divorce tips also relate to grounds for divorce. The state accepts fault and no-fault grounds. For no-fault grounds, a couple should be living separate in separate residences for a period of 18 months without any hope of reconciliation. Fault grounds include- adultery, deviant sexual conduct and incarceration, extreme cruelty, substance or alcohol addiction, institutionalization, abandonment.
- In some cases, after a judgment of divorce is made, one of the spouses remarries. Then, the limited duration and permanent alimony ceases from the date of remarriage. However, prior to the date of remarriage, if any arrears have been accrued, these would not be annulled or vacated. It is the responsibility of the spouse, who remarries to promptly inform the partner disbursing alimony as well as the collecting agency.
- Consider that an obligor fails to comply with the court orders that have been entered in New Jersey or any other jurisdiction. In this case, the court has the right to impose a lien against the real and personal property of the obligor who owns property or resides in this state.
- The court finds people who are in contempt of the support orders issued by the Superior Court, Chancery Division, Family Part. Such persons may be imprisoned and additionally, the court might order these persons to execute community service for the complete or partial period of imprisonment.
- When a complaint is filed for an action of divorce, separate maintenance or nullity, there might be issues of support, visitation and custody of a minor child. It is quite possible that a party has maintained insurance coverage or traditionally maintained coverage in course of the marital life. Such coverage is not restricted to life, home, disability or health insurance. As per the rules, this party would continue maintaining to share in the expenses of the coverage.
- A judgment or order that comprises of child support instructions also comprises of provisions stating which partner has the responsibility of maintaining health care coverage of the child as well as the terms and conditions of maintaining this coverage.
- Reimbursement alimony is granted when one spouse supported the other to gain advanced education. Once he/ she is educated, he/ she is expected to earn his/ her own living.
- Rehabilitative alimony is granted on the basis of a plan as per which the payee demonstrates the scope of rehabilitation, the steps that must be executed and the span of time during which rehabilitation may take place inclusive of the span after which employment would happen.
- After awarding a divorce from marital life to either partner, the court permits either partner to resume any name used prior to the marriage or assume any surname.
- Some individuals are termed as co-respondent in a charge of adultery. The partner, who has made the charge of adultery, is supposed to forward a written notice of the charge to the co-respondent. The rules of the Superior Court mention the time and manner of giving the notice.
- An individual, who has completed 16 years of age, is free to defend or prosecute any matrimonial action with the assistance of a lawyer or in person.
- The design of the Parents' Education Program is made in such a manner as to advise and assist divorced parents on topics regarding custody, separation and divorce. This program is conducted two times in a month.
Considering all the personal circumstances, future of your child/ children and your future as well, you should take the final decision of going for a divorce case. Following New Jersey divorce tips will help you gain a sound knowledge of the different divorce laws that are relevant in your case.