When planning to get divorced, where you get divorced can matter. Each state has unique laws regarding matters of marital asset division, spousal support, child custody, and more. Each state has different precedents for how it handles certain cases. If you want to file your divorce in New Jersey, you will first need to meet the residency requirements. Residency and jurisdiction for divorce are not always clear. Like all state-specific laws, the requirements can also vary from state to state. New Jersey is a favorable state to get a divorce, due to its equitable division policies and other prec ..read more

New Jersey is not a community property state; it operates under the system of equitable distribution. This distinction is crucial for understanding how property is divided in the event of a divorce. Community Property vs. Equitable Distribution Community property states generally split marital assets and debts equally (50/50) between spouses upon divorce. In contrast, equitable distribution states like New Jersey divide marital property in a manner deemed fair and equitable, which may not always result in an equal division. This approach allows courts to consider a wide range of factors and th ..read more

Property Division: The Fate of Your Marital Property Post-Divorce When it comes to family law in New Jersey, a common question we hear is, “Is New Jersey a 50/50 divorce state?” Individuals wonder how their assets and property will be split in NJ during a divorce. To answer this question, let’s explore how New Jersey laws define structures for property division on divorce, including what it means for New Jersey to be a “50/50” state, what to expect, and how these laws may apply to different property types. So What is a 50/50 State? In some US jurisdictions, known as community property states ..read more

Can a marital settlement agreement be changed? There are several situations where a party may be dissatisfied with their Marital Settlement Agreement (MSA). One of the most common is when there has been a significant change in circumstances since the agreement was made, such as an increase or decrease in income. Another common cause for dissatisfaction is when one party feels the agreement was not fair or equitable when it was made. Various circumstances, along with many others, can give rise to disputes or the desire to modify agreements related to property division, alimony, child support, a ..read more

When beginning discussions about child custody with a co-parent, it’s common to have questions regarding New Jersey law and how it affects parental rights and custody arrangements. One important question is whether New Jersey follows a 50/50 custody model. The answer, unfortunately, is not a simple yes or no. What is 50/50 Custody? 50/50 custody, also known as joint physical custody or equal shared custody, refers to a child custody arrangement where each parent has the child for an equal amount of time. This means the child spends an equal amount of time living with and being cared for by bot ..read more

How long should you be separated before divorcing in New Jersey? When does a separation become too long? If you are in a long separation, these are important questions to ask. There are sometimes good reasons to remain separated without divorce for some time, but unfortunately, 87% of separations still end in divorce. In most cases, it is better to divorce quickly and efficiently. At Petrelli Previtera, LLC, we can help you understand why a long separation is a bad idea and how long to maintain a separation if you seem to have a good reason to remain married while apart. Why Long Separations ..read more

When a couple decides to end their marriage, it becomes necessary to divide the marital assets. This includes accounts, property, and investments. New Jersey follows the principle of equitable distribution for dividing property, meaning that the asset division may not necessarily be a flat 50/50 split. Instead, each spouse will retain their own premarital and personal assets, while also receiving an equitable share of the marital property. Having a clear understanding of New Jersey’s marital property laws and what is “maritial property” is often not understood by clients starting planning for ..read more

Couples in New Jersey have several options when seeking a divorce. They can file right away, citing reasons like addiction, desertion, or adultery. Or, they can separate and live apart for 18 months before filing for divorce based on separation. In the first case, the client and their New Jersey family law attorney work together to determine the most appropriate grounds for divorce, which are then included in the Divorce Complaint. Alternatively, the couple lives apart in different households for the required 18-month waiting period. However, it’s important to note that maintaining two househo ..read more

Key Takeaways 1) Don’t Seek or Create Fault 2) Don’t Transfer Money from a Joint Account 3) Don’t Make Major Changes to Shared Property or Assets 4) Don’t Cut Your Spouse Off from Shared Property, Accounts, or Funds 5) Don’t Take the Kids on a Sudden Long-Distance Trip 6) Don’t Start a New Romantic Relationship 7) Be Aware of the Risks Associated with Extended Separation Use New Jersey Separation for Its Intended Purpose When a marriage stops working, often the best way to find relief is to live separately. While separation is not necessary to file a divorce in New Jersey, it is a common ..read more

How to avoid alimony in New Jersey? In New Jersey, the term used to refer to financial support paid by one spouse to another after divorce is “alimony.” While some states use the term “spousal support” or “maintenance” interchangeably with alimony, New Jersey primarily uses the term “alimony” to describe this financial obligation—so, in New Jersey, it is typically referred to as “alimony” rather than “spousal support. Alimony in New Jersey is designed to preserve the financial equities and living standards that both parties have become accustomed to during their marriage. It is not meant as a ..read more