Residency & Filing Requirements

• To file for divorce in New Jersey, you must fall under the court's jurisdiction. Residency satisfies this requirement in a divorce suit. New Jersey statutes require that either you or your spouse (or both) live in the state for at least one year before you file a complaint for divorce in the county in which you or your spouse resides.
  
  A divorce complaint must claim reasons for divorce called "grounds." New Jersey has only one no-fault ground, that of irreconcilable differences. New Jersey requires a separation period of 18 months before you file on this no-fault ground, during which time you and your future ex must live in separate residences.
  
  You can also claim fault grounds which allege that your spouse did something to break the marriage contract. Fault grounds permitted in New Jersey are: adultery, abandonment (for at least one year), extreme cruelty, habitual drunkenness or drug addiction, incarceration, deviant sexual conduct or mental illness. Filing on fault grounds waives the 18-month separation requirement.
  
  

Property Division & Spousal Support

• When it comes to division of assets and liabilities accrued during the marriage, New Jersey divides these equitably and in a manner that is fair but not necessarily equal. Statute spells out certain factors a court is required to consider when awarding property. These may include the age and health of the spouses, the duration of the marriage, the earning potential of the spouses after the divorce, their respective economic conditions and the extent to which one spouse abandoned his or her career goals to support the career of the other spouse.
  
  Similar considerations are given when the court awards alimony, which is called "spousal support" in the state's laws. New Jersey is one of the few states that still may grant permanent alimony if a marriage was of a long duration (usually longer than ten years). Rehabilitative alimony may be sought if a spouse needs additional job training or education to reenter the workforce. New Jersey courts may also award reimbursement alimony if the spouse made a significant financial contribution to the education and career training of the other.
  
  

Where Else Can You Get Advice?

• While knowledge of New Jersey's laws won't guarantee the outcome of your divorce--only a legal professional can help you make the best decision--reading your state's laws may give you a good idea of the legal process. If you have questions about your divorce, it's best not to trust internet forums and "free advice" sites. Much of the information on these sites is outdated or might not apply to your state.
  
  Finally, legal advice is only valid if it falls under the attorney-client privilege. All other legal advice given to you by laypersons, as well as attorneys who have not agreed to represent you, is not only unethical, it is illegal and leaves said persons vulnerable to civil suit if you take their advice to your own detriment. Only the attorney you agree to represent your interests can offer you legitimate legal advice. If you can't afford to hire an attorney, check into pro bono services and legal aid clinics in New Jersey (see Resources).