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Condition for Residency
It is essential for one of the spouses to be the resident of New Jersey immediately before filing the divorce case. This limit of time for the residency rules out if the reason for the divorce is adultery. Divorce papers can be submitted into the county of either of spouses.
Reasons for the Divorces
In order to file a divorce case in New Jersey, it is essential for both the spouses to agree with the reasons that have been mentioned in the case. They are required to validate the reasons. Following are the no-fault as well as fault based reasons in New Jersey:
If spouses are living apart for more than 18 months without any chance of rehabilitation.
Disloyalty in the relationship of the two.
Conviction of crime and imprisonment.
Unnatural ways of physical contact.
Exploited use of drugs and alcohol.
Aggression and cruelty.
Principle of the Child Custody
Courts have the rights to order for sole or joint custody for the child on the basis of following:
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All kinds of needs of child including emotional, physical, educational, and social.
The desire of the child if he has the good decision making ability.
No preference is given to either of the sex for the decision of child custody.
Rules for Property Distribution
New Jersey is known as the state of equitable distribution of property. All the separate property of the spouses is held with them without bringing them into division process. All marriage property of the spouses excluding gifts and inheritances is divided into two equal parts on the basis of following:
Worth of marriage property of each spouse as well as their separate property.
Age, physical conditions of spouses, and the duration that the marriage lasted for.
Needs of each spouse and their monthly income as well.
Debt obligations on each spouse.
Agreements made between the spouses.
Education and skills held by each of the spouses and future needs of education and skill.
Needs due to the responsibility of the child custody.
Time and funds required by either of the spouse to get settled in terms of financials and profession.
Rules for the Spousal Support
New Jersey may order either of spouses to pay for the alimony on the basis of following:
Duration that the marriage lasted for.
Living standards of the spouses and their educational, professional, and social needs.
Time required by the spouse to get the necessary education and skills for employment.
Ages as well as the health conditions of the spouses.
Absence of either of spouses from the job market.
Tax effects on either of the spouses after the division of property.
Retirement benefits and insurances.
Child Support Guidelines
New Jersey can order either of the parents to pay for the child support on the basis of following:
Basic as well as extraordinary requirements of the child.
Economic standings of the parents.
Financial resources of the parents as well as that of the child.
Employment and earning of either of parents including his or her education, skills, and expertise.
Health conditions and age of parents as well as child.
Need for the higher education of the child.
Mediation in Case of Divorce
Court can order for the mediation for the spouses if it feels the chances for the reconciliation among the two spouses. However, this mediation can also be requested by either of the spouses.
Filing Pro Se Divorce
There is no need of a lawyer when applying for divorce in the state of Florida. A divorce case which is filed without any help of an attorney in any of the states is known as Pro Se Divorce.
Literally, Pro Se is a Latin phrase and it means "on her or his own". Process of getting the divorce without the help of lawyer may vary from one State to another. These types of divorces are perfectly legal and enforceable in Florida, and are actually very convenient. Usually, once settlements have been made regarding property distribution and custody matters among the spouses in case of a mutual divorce, Pro Se Divorces are filed.