Frequently Asked Questions Family Law

Do both the Husband and Wife have to live in New Jersey?

What Are The Grounds For Divorce In New Jersey?

Can I change my name at the time of divorce?

The father named in my child's birth certificate is not my child's biological father. I want to change my child's certificate so that it shows the name of the true biological father. Is this possible regardless of whether I was ever married to the biological father?

What is step-parent adoption?

Do both the Husband and Wife have to live in New Jersey?

It is important to know that, with one exception, a Complaint for Divorce cannot be filed in New Jersey, unless one of the spouses has been a resident of New Jersey for at least one year prior to the filing of the Complaint.

What Are The Grounds For Divorce In New Jersey?

On January 22, 2007, Jon Corzine signed into law the amendment that allows irreconcilable differences as grounds for divorce. At present New Jersey now recognizes nine (9) grounds for divorce. Two are considered to be “no-fault” grounds and the other seven involve an allegation of “fault.”

No-Fault Grounds

Irreconcilable Differences

This is the ground that is by far the easiest to satisfy and is the most used grounds. The Complaint must allege that the parties have irreconcilable differences which have caused the breakdown of the marriage for a period of six (6) months and make it appear that the marriage should be dissolved, and that there is no reasonable prospect of reconciliation. Under this new ground, couples can file for a divorce in New Jersey, while continuing to reside together. ,br>

Separation

The parties are required to have lived separately in different residences for at least eighteen (18) consecutive months immediately preceding the filing of the Complaint, and there must be no reasonable prospect of reconciliation.

Fault Grounds

Extreme Cruelty

Extreme cruelty includes any physical or mental cruelty which makes it improper or unreasonable to expect one spouse to cohabitate with the other spouse. Although this ground sounds very harsh, it is just a “term of art” that New Jersey courts interpret extremely liberally. Any conduct which, in the view of the complaining spouse, is unacceptable will suffice.

Adultery

New Jersey courts have defined adultery as one spouse’s rejection of the other, by entering into a personal intimate relationship with any other person, regardless of the specific sexual acts performed. If known, the Complaint must state the name of the adulterer (the third person with whom the offending conduct was committed) and a copy of the Complaint must be served on that person.

This is the ground which does not require that one of the spouses has been a resident of New Jersey for at least one year prior to the filing of the Complaint. It is only necessary that one spouse be a New Jersey resident when the Complaint is filed.

Desertion

The willful and continuous desertion of one spouse by the other spouse, such that the parties have ceased to cohabit as husband and wife for at least the twelve (12) consecutive months immediately prior to the filing of the Complaint, constitutes desertion in New Jersey divorce law. It is important to note that the parties may live in the same house, as long as the other party has willfully withheld sexual relations for the requisite time period.

Addiction

Under New Jersey divorce law, addiction constitutes habitual drunkenness or a persistent and substantial dependence on a narcotic or other controlled dangerous substance subsequent to the marriage and for at least the twelve (12) consecutive months immediately prior to the filing of the Complaint.

Institutionalization

This ground requires that a spouse to have been institutionalized for mental illness for a period of twelve (12) or more consecutive months subsequent to the marriage and preceding the filing of the Complaint.

Imprisonment

Imprisonment as a ground for divorce in New Jersey occurs when a spouse has been imprisoned for eighteen or more months after the marriage and the parties have not resumed cohabitation after the imprisonment.

Deviant Sexual Conduct

Deviant sexual conduct is the final ground for divorce in New Jersey. It requires simply that the conduct occurred without the other party’s consent.

Can I change my name at the time of divorce?

Yes, either spouse can request a name change at the time of divorce, provided this request is specifically included in his or her pleading. If the name change was not requested and, for example, a woman later decides she wants to revert to use of her maiden name after the divorce has been granted, she can do so, but it will require petitioning the Court, at another cost, whereas it would have been included at no extra cost during the divorce proceeding.

Yes. You have to file an application with the court seeking to amend your child's birth certificate. There are several steps that must be taken to prove the truth of this assertion, including DNA testing of the father and child, sending notices of your application to the biological father and to the father currently named in the certificate so that they may object, and ultimately, receiving a Court Order permitting the change.

What is step-parent adoption?

When a parent remarries after the death of a former spouse or after a divorce, the new spouse may desire to formally adopt the child or children of their current spouse. A step-parent may choose to formally adopt a spouse's child from a prior relationship, but the natural parent must receive notice of the adoption proceeding. The natural parent must consent to the adoption or else must be determined "unfit" before a step-parent adoption will be finalized. A similar protocol applies when a child is born outside marriage, the birth parent later remarries, and the stepparent wants to adopt the child.