New Jersey Family Law: Divorce, Child Custody, Support, and Equitable Distribution

New Jersey allows both fault-based and no-fault divorce under N.J.S.A. 2A:34-2. The most commonly used ground is irreconcilable differences — a no-fault ground that requires only that the parties have experienced irreconcilable differences for at least six months with no prospect of reconciliation. No showing of fault by either party is required.

Fault-based grounds include adultery, desertion, extreme cruelty, separation (18 months or more), addiction, institutionalization, imprisonment, and deviant sexual conduct. While fault can be alleged, New Jersey courts generally do not consider fault when dividing marital property, though it may be considered in alimony determinations in egregious cases.

To file for divorce in New Jersey, at least one spouse must have been a bona fide resident of the state for at least one year immediately preceding the filing (except in cases of adultery, where no residency period is required). Divorce actions are filed in the Superior Court, Chancery Division, Family Part of the county where either party resides.

New Jersey is an equitable distribution state — marital property is divided fairly, but not necessarily equally. Under N.J.S.A. 2A:34-23.1, the court must identify all marital assets, determine their value, and distribute them equitably based on statutory factors including:

• The duration of the marriage
• The age, health, and income of each party
• Each party's contribution to the acquisition, dissipation, preservation, depreciation, or appreciation of marital property
• The standard of living established during the marriage
• Any written agreement made by the parties before or during the marriage
• The economic circumstances of each party at the time the division becomes effective

Separate property — assets owned before the marriage or received during the marriage as gifts or inheritances — is generally not subject to equitable distribution, provided it has not been commingled with marital assets.

All child custody decisions in New Jersey are governed by the best interests of the child standard under N.J.S.A. 9:2-4. The statute creates a presumption that frequent and continuing contact with both parents is in the child's best interests. Custody is divided into two components:

Factors the court considers include the parents' ability to cooperate and communicate, the fitness of each parent, the stability of the home environment, the child's relationship with each parent and siblings, the child's preference (given appropriate weight based on age and maturity), and the geographic proximity of the parents' homes.

New Jersey child support is calculated using the New Jersey Child Support Guidelines (Appendix IX of the New Jersey Court Rules), which are based on an income shares model. The guidelines use both parents' combined net income, the number of children, and the parenting time arrangement to calculate a presumptive support amount. The court may deviate from the guidelines for good cause.

Child support in New Jersey continues until the child turns 19, or longer if the child is still in high school, attending college full-time, or is disabled. The Newburgh v. Arrigo factors govern whether a parent can be required to contribute to college expenses.

New Jersey's alimony statute (N.J.S.A. 2A:34-23) was significantly amended in 2014. The law now provides for four types of alimony: open durational alimony (formerly permanent alimony, available only in marriages of 20 years or more), limited duration alimony (for shorter marriages), rehabilitative alimony (to allow a spouse to become self-supporting), and reimbursement alimony (to compensate a spouse who supported the other's education or career advancement).

Alimony factors include the actual need and ability to pay, the duration of the marriage, the standard of living established during the marriage, each party's earning capacity, the length of absence from the job market, and the equitable distribution of marital assets. Alimony terminates automatically upon the recipient's remarriage and may be modified or terminated upon cohabitation with a new partner.

• N.J.S.A. 2A:34-2 — Grounds for divorce
• N.J.S.A. 2A:34-23.1 — Equitable distribution factors
• N.J.S.A. 9:2-4 — Child custody best interests standard
• N.J.S.A. 2A:34-23 — Alimony statute (2014 amendments)
• Newburgh v. Arrigo, 88 N.J. 529 (1982) — College contribution factors
• Crews v. Crews, 164 N.J. 11 (2000) — Standard of living in alimony