7 Common Misconceptions About Divorce Laws in New Jersey
There are numerous misconceptions regarding how divorce laws in New Jersey operate, such as what the law permits, disallows, and demands of a person requesting a divorce or seeking custody. Below are the 7 common misconceptions about divorce laws in New Jersey.
1. If I Leave my House, I have Abandoned it
This is untrue. You do not abandon an asset simply because you moved out. Abandonment is one of the reasons for filing a divorce, but it does not affect assets.
2. I Need to Wait for 18-Month Separation Before a Divorce
This is not true. You can file for divorce for an 18-month separation, severe mental or physical abuse, sexually inappropriate behavior, drug or alcohol addiction, irreconcilable differences, adultery, abandonment, desertion, or incarceration.
3. I Cannot get Alimony Because I was Married Less Than 10 Years
No defined period makes someone eligible for alimony. A spouse who missed the chance to grow in their work during the marriage can receive alimony. A court may consider a spouse’s ability to pay, the length of the marriage, the parties’ ages and health, the standard of living during the marriage, earning potential, and an equitable division of marital assets when assessing alimony.
4. My Wife Cheated on me, so I Will Not Have to Pay Alimony
According to New Jersey law, a judge must take 14 different factors into account while determining spousal support. None of them specifically mention adultery. Hence, it would be quite improbable to use adultery to decide on support payments.
5. A Father Never Gets Custody of the Children
That has typically been the case. However, there are divorce instances in New Jersey where the father has been given exclusive or joint custody. Your lawyer has to establish why a father would be a better custodial parent than a woman.
6. Prenuptial Agreements are for the Wealthy
Certainly, these agreements benefit those who amassed sizable assets before marriage. But prenuptial agreements benefit all engaged couples.
7. Legal Separation is the First Step to Divorce
New Jersey does not recognize legal separation. There is a term called “Limited Divorce,” which enables couples to resolve financial issues without severing the legal marital contract. The parties will solve their financial issues, remain technically married, and cannot remarry.