State Divorce
State divorce laws can vary drastically. Some state divorce laws are so different that an individual cannot even divorce someone on the same grounds that they can in another state. New Jersey state divorce laws follow the other state divorce laws regarding some provisions, many of their state divorce laws do vary from other state divorce laws.
• In New Jersey, a state divorce law requires that both of the parties in the divorce be a state resident for at least one year before filing. This is true of other state divorce laws as well. Exceptions include when adultery has been committed and in that case, only one individual has to be a New Jersey resident. After the period of a year is up, had it not been already, the petitioner can file official divorce papers. Usually, this is done within the county that they live in but if the responding spouse lives somewhere else it is done there.
• New Jersey state divorce laws declare that the husband or the wife is allowed to file for divorce on the grounds of “no fault” which means that both parties are declaring that they were not individually to blame for the divorce. This state divorce law is a problem for some though: this method of divorce takes a long time as a couple must be living apart for 18 months before they can even begin to file for divorce.
• New Jersey state divorce laws are different when it comes to filing a divorce with fault involved. There are eight ways to file a divorce based on fault within New Jersey. State divorce laws declare that grounds for divorce based on fault includes mental or physical cruelty, adultery, abandonment, drug addiction, being institutionalized for mental problems, deviant sexual conduct and prison incarceration. When it is decided that the petitioner will be filing for divorce based on fault, then the state divorce law that requires separation becomes null and void. The divorce can immediately be proceeded with.
• Marital property is divided equally between the couple, according to New Jersey state law. The courts can decide what things to consider when diving up marital assets. By New Jersey state divorce law however, the court is required to consider the length of the marriage, the health or age of each party, the amount of income brought in by each individual, and the general living conditions during the marriage itself. State divorce laws also require the judge to examine how each person’s ability to work is based on health, education and experience.
State divorce laws are meant to govern the divorces of its residents. New Jersey state divorce laws follow the same concept of helping divorcing couples finish their marriages with fairness.