New Jersey Divorce Online Forms. Do it yourself divorce papers. Divorce form for No-fault Uncontested Divorce

Requirements for New Jersey divorce
Source: New Jersey Statutes - Title 2A, Chapters 34-8 and 34-10

 Grounds for divorce
 Residency requirements
 Where to file
 Division of marital property
 Child Support / Custody
 Spousal Support / Alimony
 Name restoration

Divorce in the State of NJ may be granted for one of the following causes:

1. Adultery;
2. Willful and continued desertion for the term of 12 or more months, which may be established by satisfactory proof that the parties have ceased to cohabit as man and wife;
3. Extreme cruelty, which is defined as including any physical or mental cruelty which endangers the safety or health of the plaintiff or makes it improper or unreasonable to expect the plaintiff to continue to cohabit with the defendant; provided that no complaint for divorce shall be filed until after 3 months from the date of the last act of cruelty complained of in the complaint, but this provision shall not be held to apply to any counterclaim;
4. Separation, provided that the husband and wife have lived separate and apart in different habitations for a period of at least 18 or more consecutive months and there is no reasonable prospect of reconciliation; provided, further that after the 18-month period there shall be a presumption that there is no reasonable prospect of reconciliation;
5. Voluntarily induced addiction or habituation to any narcotic drug as defined in the New Jersey Controlled Dangerous Substances Act, P.L.1970, c. 226 or habitual drunkenness for a period of 12 or more consecutive months subsequent to marriage and next preceding the filing of the complaint;
6. Institutionalization for mental illness for a period of 24 or more consecutive months subsequent to marriage and next preceding the filing of the complaint;
7. Imprisonment of the defendant for 18 or more consecutive months after marriage, provided that where the action is not commenced until after the defendant's release, the parties have not resumed cohabitation following such imprisonment;
8. Deviant sexual conduct voluntarily performed by the defendant without the consent of the plaintiff. (New Jersey Statutes, Title 2 A, Chapters: 34-2)

  What is the difference between fault divorce and no-fault divorce?

In order to obtain divorce in NJ either party has to be a bona fide resident of the State of New Jersey at least for 1 year before the action for divorce has started.

A Complaint for Divorce shall be filed in the Superior Court of New Jersey, Chancery Division, Family Part, _________ County.

In making an equitable distribution of property, the court shall consider, but not be limited to, the following factors:

1. The duration of the marriage;
2. The age and physical and emotional health of the parties;
3. The income or property brought to the marriage by each party;
4. The standard of living established during the marriage;
5. Any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution;
6. The economic circumstances of each party at the time the division of property becomes effective;
7. The income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage;
8. The contribution by each party to the education, training or earning power of the other;
9. The contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker;
10. The tax consequences of the proposed distribution to each party;
11. The present value of the property;
12. The need of a parent who has physical custody of a child to own or occupy the marital residence and to use or own the household effects;
13. The debts and liabilities of the parties;
14. The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children;
15. The extent to which a party deferred achieving their career goals; and
16. Any other factors which the court may deem relevant. (New Jersey Statutes, Title 2 A, Chapters: 34-23.1.)

In any proceeding involving the custody of a minor child, the rights of both parents shall be equal.
 
According to Uniform Child Custody Jurisdiction and Enforcement Act, the court determines child custody issues based on the best interests of the child.
 
There is an established mandatory education program to divorcing parents known as the "Parents' Education Program."
 
The program shall be designed to assist and advise divorced parents on issues concerning divorce, separation and custody. The program shall be made available twice a month. The program shall be administered by the Administrative Office of the Courts. The Assignment Judge shall appoint appropriate staff to act as a program representative or representatives, as necessary, for each county.
 
The purpose of the program shall be to promote cooperation between the parties and to assist parents in resolving issues which may arise during the divorce or separation process, including, but not limited to:

1. Understanding the legal process and cost of divorce or separation, including arbitration and mediation;
2. Understanding the financial responsibilities for the children;
3. Understanding the interaction between parent and child, the family relationship and any other areas of adjustment and concern during the process of divorce or separation;
4. Understanding how children react to divorce or separation, how to spot problems, what to tell them about divorce or separation, how to keep communication open and how to answer questions and concerns the children may have about the process;
5. Understanding how parents can help their children during the divorce or separation, specific strategies, ideas, tools, and resources for assistance;
6. Understanding how parents can help children after the divorce or separation and how to deal with new family structures and different sets of rules; and
7. Understanding that cooperation may sometimes be inappropriate in cases of domestic violence. (New Jersey Statutes, Title 2 A, Chapters: 34-12.3)

In determining the amount to be paid by a parent for support of the child and the period during which the duty of support is owed, the court in those cases not governed by court rule shall consider, but not be limited to, the following factors:

1. Needs of the child;
2. Standard of living and economic circumstances of each parent;
3. All sources of income and assets of each parent;
4. Earning ability of each parent, including educational background, training, employment skills, work experience, custodial responsibility for children including the cost of providing child care and the length of time and cost of each parent to obtain training or experience for appropriate employment;
5. Need and capacity of the child for education, including higher education;
6. Age and health of the child and each parent;
7. Income, assets and earning ability of the child;
8. Responsibility of the parents for the court-ordered support of others;
9. Reasonable debts and liabilities of each child and parent; and
10. Any other factors the court may deem relevant. (New Jersey Statutes, Title 2 A, Chapters: 34-23)

In all actions brought for divorce, divorce from bed and board, or nullity the court may award one or more of the following types of alimony: permanent alimony; rehabilitative alimony; limited duration alimony or reimbursement alimony to either party. In so doing the court shall consider, but not be limited to, the following factors:

1. The actual need and ability of the parties to pay;
2. The duration of the marriage;
3. The age, physical and emotional health of the parties;
4. The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living;
5. The earning capacities, educational levels, vocational skills, and employability of the parties;
6. The length of absence from the job market of the party seeking maintenance;
7. The parental responsibilities for the children;
8. The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income;
9. The history of the financial or non-financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
10. The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair;
11. The income available to either party through investment of any assets held by that party;
12. The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a non-taxable payment; and
13. Any other factors which the court may deem relevant. (New Jersey Statutes, Title 2 A, Chapters: 34-23b)

The court, upon or after granting a divorce from the bonds of matrimony to either spouse, may allow either spouse to resume any name used by the spouse before the marriage, or to assume any surname. (New Jersey Statutes, Title 2 A, Chapters: 34-21)