To file for a divorce, the parties must be a resident of the State for a period of one year at least before the filing of the complaint. A divorce may be filed in the county where he resides. The Superior Court has jurisdiction of all cases of divorce, divorce or nullity when not over-dramatise party is a bona fide resident of this State. [Based on New Jersey statutes 2: 34-8 and 2: 34-10]
LEGAL GROUNDS FOR DIVORCE:A divorce will be granted for the following reasons:
Adultery and desertion for more than a year. Extreme cruelty. Living separate and apart for at least 18 months. Habitual drunkenness or addiction for more than 12 months preceding the submission of the complaint. Institutionalisation for mental illness for a period of 24 during the marriage and before the filing of the complaint. Imprisonment of the respondent for 18 consecutive months or more after the marriage, provided that where the action is started after the release of the defendant, the parties have not resumed cohabitation following such imprisonment. Deviant sexual conduct.[Based on 2A: 34 New Jersey statutes-2]
LEGAL SEPARATION:A divorce from bed and Board may be granted for the same reasons as a divorce from marriage. In all actions, where a decree of divorce from bed and Board entered the Court may issue such prize or prizes to the parties, as well as food and service, to maintain an equitable distribution of property, both real and personal, legally and beneficially acquired by them or either of them during the marriage. [Based on New Jersey statutes 2: 34-3 and 2A: 34-23]
MEDIATION OR COUNSELING REQUIREMENTS:The Court shall order a person who has brought an action for divorce, nullity or separate maintenance with custody, visitation or child support is an issue of the "parents ' Education Program". Each party will attend sessions of the program. [Based on New Jersey statutes 2: 34-12 .5]
PROPERTY DISTRIBUTION:New Jersey has been equitable distribution, which means it will be distributed fairly, but not necessarily equal, the marital estate. In making an equitable distribution of property, the Court considers, but not be limited to, the following factors:
The length of the marriage. The age and physical and emotional health of the parties. The income or property brought to the marriage by either party. The standard of living established during the marriage. Any written agreement, made by the parties before or during the marriage, concerning a distribution agreement. The economic circumstances of each party at the time the Division of property becomes effective. The income and earning ability of each party, including the educational background, training, employment skills, work experience, market length of absence from work, custodial responsibility for children and the time and expense necessary to acquire sufficient education or training that enjoyed during the marriage enabled the party to become self-sufficient at a reasonable standard of living comparable to. The contribution of each party to education, training or earning power of others. The contribution of each party to the acquisition, retention, dissipation, appreciation or depreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker. Tax consequences of the distribution proposal to each party. The present value of the property. The need for a parent who has physical custody of a child to possess or occupy the marital residence and use or possess household effects. The debts and liabilities of the parties. The need for the creation, now or in future, of a trust fund to ensure reasonably predictable medical expenses or educational for a spouse or children. To the extent that a party delayed in achieving their career goals. Any other factor that the judge may consider relevant.Separate property, real, personal or otherwise, legally or beneficially acquired during the marriage by both parties by gift, devise or intestate succession will not be subject to equitable distribution, except interspousal gifts shall be subject to equitable distribution. [Based on New Jersey statutes 34-2A: 2A: 23 and 34-23 .1]
SPOUSAL SUPPORT/MAINTENANCE/ALIMONY:In all actions brought for the divorce, the divorce from bed and Board, or nullity, the Court may grant one or more of the following types of foods: food; rehabilitative alimony; time-limited food or foods of reimbursement for both parties. In so doing the Court to consider, but not be limited to, the following factors:
The actual needs and capabilities of the parties to pay. The length of the marriage. Age, physical and emotional health of the parties. The standard of living established marriage and the probability that each party can maintain a reasonable standard of living comparable. The ability to gain, levels of education, vocational skills and employability of the parties. The length of absence from the labour market of the party looking for maintenance. Parental responsibilities for children. The time and expense necessary to acquire sufficient education or training to enable the applicant maintenance of finding employment, the availability of training and employment and the opportunity for future purchases of capital assets and income. The history of financial or non financial contributions to the marriage by each party, including contributions to the care and upbringing of children and the loss of personal careers or educational opportunities. The equitable distribution of property ordered and any payments on equitable distribution, directly or indirectly, out of current income, to the extent that this is reasonable, just and equitable. The disposable income for both parties through investment of any assets held by that party. The tax treatment and consequences for both sides of any prize, including the designation of all or part of the payment as a payment is not taxable. Any other factor that the judge may consider relevant.[Based on New Jersey divorce statutes 2A: 34-23]
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