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New Jersey Family Laws

New Jersey allows both no-fault divorce (irreconcilable differences for 6+ months) and fault-based grounds (adultery, desertion, cruelty, addiction, imprisonment, deviant sexual conduct). The residency requirement is 12 months. Property is divided by equitable distribution considering 16 statutory factors. The 2014 Alimony Reform replaced "permanent alimony" with "open durational alimony" (only for marriages of 20+ years) and established duration limits tied to marriage length.

Last verified: 2026-02-25

Statute of Limitations

12-month residency requirementN.J.S.A. 2A:34-10

At least one spouse must be a bona fide NJ resident for at least 12 months prior to filing. Exception: no residency period for adultery (only that complainant is a resident at time of filing).

Key New Jersey Statutes

Grounds for DivorceN.J.S.A. 2A:34-2

No-fault: irreconcilable differences causing breakdown for 6+ months. Fault: adultery, willful desertion (12+ months), extreme cruelty (3-month wait), habitual intoxication (12+ months), institutionalization (24+ months), imprisonment (18+ months after marriage), deviant sexual conduct.

Equitable Distribution (16 Factors)N.J.S.A. 2A:34-23.1

Marital property is divided equitably (fair, not necessarily equal). Court considers 16 factors including duration of marriage, age/health, income/earning capacity, standard of living, debts, and tax consequences. Only marital property is subject to division.

Child Custody (Best Interests)N.J.S.A. 9:2-4

Both parents have equal rights with no preference for either parent. Court considers parents' ability to agree, willingness to accept custody, domestic violence history, child's safety and needs, and the child's expressed preference (strengthened by 2025-2026 amendments requiring judges to address domestic violence before setting parenting schedules).

Four types: open durational (marriages 20+ years, replaced "permanent," ends at payor's full retirement age), limited duration (under 20 years, cannot exceed marriage length), rehabilitative (education/training, max 5 years), reimbursement (supporting spouse through degree, non-modifiable).

Child Support (Income Shares)N.J.S.A. 2A:34-23(a); Court Rule Appendix IX-A

Uses income shares model based on combined parental net income up to $187,200/year. Considers overnight parenting time, health insurance, and childcare costs.

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in New Jersey.

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