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4 OF THE MOST IMPORTANT NEW JERSEY DIVORCE LAWS

I want to tell you about 4 of the most significant divorce laws in New Jersey.

There are many laws affecting divorcing people in NJ, but I think that these four are especially important because they directly affect your relationship with your kids, your money, and your property.

At the outset, it is important that you understand that this particular article is NOT about the NJ GROUNDS FOR DIVORCE (like "adultery", "irreconcilable differences", and the other 7 grounds).

If you want to learn about NJ divorce grounds, CLICK HERE.

(PS: If you have other questions about getting a divorce in New Jersey, then sign up for my free NJ DIVORCE EDGE 2023 course here.)

So let's dig in to my big 4:

 

LAW #1: CHILD CUSTODY

I list this law as #1 because it affects the most important issues to most parents: custody of their children.

The New Jersey custody statute is a little "wordy", so I broke it down into its component parts. This makes it a whole lot easier for you to study.

Here's the law, broken down into small segments:

 

A.The NJ Legislature said that it is in the public policy of this State to assure minor children of frequent and continuing contact with both parents after the parents have separated or divorced.

B.The legislature also said that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing.

C. In any proceeding involving the custody of a minor child, the rights of both parents shall be equal.

D. The court shall enter an order which may include:

       1. Joint custody of  a minor child to both parents, which is comprised of legal custody or physical custody which shall include:

            (a.) provisions for residential arrangements so that a child shall reside either solely with one parent or alternatively with each parent in accordance with the needs of the parents and the child; and

            (b.) provisions for consultation between the parents in making major decisions regarding the child's health, education and general welfare;

       2. Sole custody to one parent with appropriate parenting time for the noncustodial parent; or

       3. Any other custody arrangement as the court may determine to be in the best interests of the child.

E. In making an award of custody, the court shall consider the following factors: 

       1. the parents' ability to agree, communicate and cooperate in matters relating to the child; 

       2. the parents' willingness to accept custody and any history of unwillingness to allow parenting time not based on substantiated abuse; 

       3. the interaction and relationship of the child with its parents and siblings; 

       4. the history of domestic violence; 

       5. the safety of the child;

       6. the safety of either parent from physical abuse by the other parent; 

       7. the preference of the child when of sufficient age and capacity to reason so as to form an intelligent decision; 

       8. the needs of the child; 

       9. the stability of the home environment offered; 

     10. the quality and continuity of the child's education; 

     11. the fitness of the parents (a parent shall not be deemed unfit unless the parents' conduct has a substantial adverse effect on the child.)

     12. the geographical proximity of the parents' homes; 

     13. the extent and quality of the time spent with the child prior to or subsequent to the separation; 

     14. the parents' employment responsibilities; 

     15. the age of the children;

     16. the number of children.

F.The court may appoint a lawyer to represent the minor child's interests.  

 

So to get a sense of how a judge would decide custody of your child, the "technical" answer is that you should apply the facts of your case to undefinedeach of the above paragraphs and see what you come up with.

But the practical, real world, 2023 answer very often is: judges are usually awarding equal, 50/50 custody when they are asked to make the call. That's just what is happening...that doesn't mean that they will ignore the above laws...they just tend to apply the above laws to the facts of a given case and end up ordering 50/50 custody.

Certainly not always. But very, very often.

Whether that is "right" or "wrong" is not the topic of this article. I'm just telling you what I am seeing and experiencing in the NJ Family Courts in 2023 on the issue of child custody.

So that's it for child custody.

Let's move on to THE MOST IMPORTANT LAWS AFFECTING YOUR MARITAL PROPERTY and how it will be distributed in a divorce in New Jersey.