Michael L. Resnick | Attorney at Law

FAQ

1. What are the grounds for divorce in New Jersey?
   There are 9 grounds. The most recent was introduced in 2007 and is based on "irreconcilable differences." There are also "fault” grounds, such as adultery, desertion and extreme cruelty and a "no fault" ground based on 18 months of separation.
2. Will all the assets be divided 50/50 under community property?
   No. New Jersey is not a community property state (like California, for example). Instead New Jersey is an “equitable distribution” jurisdiction. This means that the assets (and liabilities) are going to be divided “fairly” under the 16 criteria set forth in the statute. See N.J.S.A. 2A:34-23.1.
3. Are children emancipated at 18?
   No. New Jersey does not have a set age when children are considered on their own. Instead courts look to the facts of each case, and use criteria such as a child’s full-time employment or marriage or graduation from college, and other events indicating financial independence.
4. Will I have to pay alimony/am I entitled to receive alimony?
   It depends. The alimony statute lists more than a dozen criteria that courts are required to consider. Among them are the length of the marriage, the ages and educations of the parties, their respective incomes, and the assets and liabilities being distributed. See N.J.S.A. 2A:34-23(b).
5. My spouse committed adultery. How does that affect the case?
   Adultery is one of the “fault” grounds for divorce. While it can't be considered for the division of assets, it can be a factor in setting alimony in extreme cases. Also, adultery sometimes is a consideration in custody and removal.
6. I have custody of our child and want to move out of New Jersey. Can I?
   This situation is known as a “removal” or a “relocation” case. The statute (N.J.S.A. 9:2-2) specifically provides that minor children cannot leave New Jersey, without the permission of the parents or obtaining a court order.
7. How much will my divorce cost me?
   Divorce lawyers charge by the hour. Hourly rates range from the low end of $200.00 for a relatively inexperienced attorney to the high end of $600.00 or more for “blue chip” counsel. Also, your lawyer will want a “retainer” which is a deposit against the future services to be rendered. Retainers vary depending on the complexity and immediacy of your case.