New Jersey Family Law

New Jersey laws are created and revised by the actions of lawmakers and the courts, as in other states. Click on the links below to learn more information.

1.State statute Nj Revised Statutes Section 2A:34
2. Fault or no-fault (typically when a state allows fault based and no-fault divorce, fault based divorces require no separation period. Fault based and no-fault
3. Equitable distribution or community property Equitable Distribution
a. Methods of apportionment
i. Periera and Van Camp in CA
b. Property distribution factors Equitable distribution factors 2A:34-23.1
4. Legal separation? No
a. Waiting period/Separation period " Adultery - There is no waiting period; Extreme cruelty - You may file three months after the last act of cruelty occurred; Desertion - You must wait 12 months after the desertion occurs before filing your complaint; ""No Fault"" - If you and your spouse have been living separate and apart for 18 consecutive months, you may file a complaint for divorce with the 18 month separation as grounds."
5. Is mediation required Not always required.
6. Forms used NJ Forms Family Law
7. Alimony guidelines and factors Limited duration, rehabilititative, Reimbursement
Alimony formula None
a. Types Open duration, limited duration, rehabilitative and reimbursement
b. Term Limits  For any marriage or civil union less than 20 years in duration, the total duration of alimony shall not, except in exceptional circumstances, exceed the length of the marriage or civil union
Cohabitation Alimony may be suspended or terminated if payee cohabitates with another person N.J.S.A. 2A:34-23n
c. Imputing income Yes
d. Change in circumstances Support may be adjusted for voluntary unemployment or underemployment
e. Ceases on retirement "Rebuttable presumption that alimony payments can come to an end when the person who is making the payments reaches “full retirement age,” presently 67 years old;"
Impute income on early retirement "In New Jersey, a court may find that the early retirement was undertaken in good faith and for good reasons and may still impute income if the disadvantage to the obligee outweighs the advantage to the obligor. Deegan v. Deegan, 254 N.J. Super. 350, 603 A.2d 542 (App. Div. 1992). 315 In the case of Dilger v. Dilger, 242 N.J. Super. 380, 576 A.2d 951 (App. Div. 1990), the court laid out the various
factors to consider in determining whether the advantage of retirement to the obligor outweighs the disadvantage to the obligee. "
Early retirement for health reasons is involuntary
f. Definition of income S.B. 1808, 216th Leg. (N.J. 2014).B. 488, 2016th Leg. (N.J. 2014); S.B. 2750, 2014th Leg., 2d Ann. Sess. (N.J. 2012); S.B. 4525, 2014th Leg., 2d Ann. Sess. (N.J. 2012); S.B. 4532, 2014th Leg., 2d Ann. Sess. (N.J. 2012)
8. Child support factors and guidelines NJ Child Support Guidelines eff 9/1/2014
9. Child support calculator NJ Child Support Calculator
10. Lump Sum  Support allowed?

"Lump sum  technically not allowed but can be handled in a way to effectively have it occur"

 

11. Valuation
a. Valuation date Divorce
b. Goodwill divisibility All goodwill is divisible - Stern v. Stern, 66 N.J. 340, 331 A.2d 257 (1975)
c. Standard of value Fair Value
d. Discounts Allowed in "extraordinary circumstances"
e. Shareholder/partner agreements
 12. Double dip  No prohibition of double dip - Steneken [183 NJ 290; 873 A 2d 501; Lexis 578]
 a. Stock options  
 b. Retirement accounts  "Double dip not permissable - Innes [117 NJ 496; 569 A 2d 770; 1990 NJ Lexis 9]"
 c. Child support
 13. Key cases  
 14. Premarital agreements  "See 37:2-31 to 41.  Parties may contract for modification or
elimination of support NJ ST 37:2-34"
 15. Common law  Prohibited


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