does it matter who files for divorce first in nj

Who should ask for a divorce first?

Only one spouse can file first. They are referred to as the plaintiff. The other spouse is the defendant. Whether you are the plaintiff of the defendant is not as important as getting a good team together or doing research yourself into the divorce process.

How long do you have to be separated in New Jersey before you can file for divorce?

In New Jersey, the no-fault grounds for divorce require that the parties have been separate and apart for 18 consecutive months, indicating there is no reasonable prospect of reconciliation. Note, the courts in NJ also refer to divorce as “dissolution.”

What is a wife entitled to in a divorce in NJ?

In New Jersey, neither spouse is automatically entitled to alimony as a function of one spouse filing for divorce, and it is the spouses’ respective income levels (not their respective sexes) that determines whether and in what amount alimony should be awarded.

Is New Jersey a 50 50 state when it comes to divorce?

It is important, in matters of divorce, to understand the difference between “equal” and “equitable.” While some states allow for a strict 50/50 (equal) division of property in a divorce, New Jersey is an equitable division state.

What can you not do during a divorce?

Top 10 Things NOT to Do When You Divorce

  • Don’t Get Pregnant. …
  • Don’t Forget to Change Your Will. …
  • Don’t Dismiss the Possibility of Collaborative Divorce or Mediation. …
  • Don’t Sleep With Your Lawyer. …
  • Don’t Take It out on the Kids. …
  • Don’t Refuse to See a Therapist. …
  • Don’t Wait Until After the Holidays. …
  • Don’t Forget About Taxes.
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Can my wife take everything in a divorce?

But no court awards all of one spouse’s property to another because the court must follow certain factors and considerations when deciding who gets what. …

Can my wife kick me out of the house in NJ?

Although it may seem unfair, even if the marital home is your separate property, you cannot simply order your spouse to move out. Under normal circumstances, both spouses have a right to continue occupying the home that has been their principal residence during the marriage while the divorce is pending.

How long is the divorce process in NJ?

If the decision is mutual and you and your spouse agree on all legal matters, your divorce could be finalized as soon as 6 to 8 weeks from the filing of the papers. More typically, an uncontested divorce takes 3 to 4 months to iron out the settlement agreement and get court approval.

Who gets the house in a NJ divorce?

The contribution of either party in acquiring, preserving, appreciating or depreciating in the amount or value of the marital property. The contribution of either spouse as a homemaker, and the extent to which one party deferred achievement of their career goals.

What wife gets after divorce?

A married woman has to be provided with shelter and maintenance by husband after the divorce. If she is a member of a joint family then she will be entitled to equal share of the husband, jointly with his mother and her children(after his death).

How much does a divorce cost in NJ?

The cost to file a divorce complaint in NJ is $300.00. In addition, if child support, child custody, or child visitation are issues in the divorce, the person who files must also pay a mandatory $25.00 fee to take a parent education class. The check must be made payable to the Treasurer, State of New Jersey.

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Who pays for divorce in NJ?

There is no rule in family law cases that the party who files for divorce or begins the custody dispute must pay for the other party’s attorney. There is, however, authority in the law for a judge to potentially require one person to advance or pay the other party’s fees.

How long do you have to be married in NJ to get alimony?

20 years

Is alimony mandatory in NJ?

Current N.J. Alimony Laws

The biggest change that alimony reform would bring pertains to permanent alimony. Permanent Alimony is most commonly awarded at the dissolution of a long-term marriage. While NJ does not have any specific formulas, permanent alimony usually applies to marriages that lasted 11 years or longer.

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