How is property divided in a New Jersey divorce?

New Jersey is an equitable distribution state. Marital property is divided fairly, which does not always mean equally. Courts look at factors such as the length of the marriage, each spouse's income and contributions to the household. This is general information, not legal advice.

How is child support calculated?

New Jersey uses Child Support Guidelines based mostly on both parents' incomes, the number of children and parenting time. Courts can depart from the guidelines in some situations. This is general information, not legal advice.

Do I need a reason to get divorced in New Jersey?

No. You can file on no-fault grounds called irreconcilable differences, if the differences have lasted at least six months and there is no reasonable prospect of reconciliation. This is general information, not legal advice.

Is alimony still available in New Jersey?

Yes. Courts can award several types of alimony. For marriages under 20 years, open durational alimony generally may not last longer than the marriage, with some exceptions. This is general information, not legal advice.

Family Law lawyers in New Jersey

Divorce, custody, support and domestic violence matters.

How family law works in New Jersey

Family law covers divorce, child custody and parenting time, child support, alimony, prenuptial agreements and restraining orders. These matters are handled in the Family Part of the Superior Court in each county.

Many New Jersey divorces settle through mediation or negotiation rather than trial. A good family lawyer helps you understand what is realistic, protects your finances and keeps the focus on your children where they are involved.

Questions to ask a lawyer

Do you recommend mediation in a case like mine?
What will the retainer be and how is it replenished?
How do you usually communicate updates?

Guides for this practice area

Restraining orders in New Jersey: TROs, FROs and what to expect

Under New Jersey's Prevention of Domestic Violence Act, a person who is a victim of certain offenses by a spouse, household member, dating partner or co-parent can get a temporary restraining order (TRO) the same day from the police or the Family Part. A final restraining order (FRO) hearing is held about 10 days later. An FRO has no expiration date and carries real consequences for the defendant, including a ban on weapons and entry in a confidential statewide registry.

5 min read

Divorce in New Jersey: grounds, timeline and when to get a lawyer

Most New Jersey divorces are filed on the no-fault ground of irreconcilable differences, which requires that the marriage has broken down for at least six months with no reasonable chance of reconciliation. Generally, one spouse must have lived in New Jersey for the year before filing, and the plaintiff's filing fee is $300. Property is split under equitable distribution, which means fairly, not necessarily 50/50.

7 min read

Child custody in New Jersey: how judges decide and what to expect

New Jersey courts decide custody based on the best interests of the child, using the factors listed in N.J.S.A. 9:2-4. Joint legal custody, where both parents share major decisions, is the most common arrangement, with one parent often designated the parent of primary residence. When parents disagree, the court generally sends them to custody mediation first, and each parent may have to submit a written parenting plan.

6 min read

Child support in New Jersey: how it's calculated and when it ends

New Jersey calculates child support using the Child Support Guidelines, an income shares model where each parent pays in proportion to their share of the combined income. The guidelines are presumed correct unless a party shows they would be unfair in that case. Under a 2017 law, support generally ends at age 19, but it can continue up to age 23 for a child still in school or with a disability.

7 min read

Alimony in New Jersey: types, how long it lasts, and the 2014 law

New Jersey judges decide alimony using the factors in N.J.S.A. 2A:34-23, and there is no fixed formula. Since the 2014 alimony reform, the available types are open durational, limited duration, rehabilitative and reimbursement alimony. For marriages under 20 years, total alimony generally cannot last longer than the marriage did, unless there are exceptional circumstances.

6 min read

Common questions

This is general information, not legal advice.

30 family law firms in New Jersey

Aiello Harris

Watchung, NJ

Serving central New Jersey since 1955 from several offices.

Criminal DefensePersonal InjuryWorkers' Compensation+7