Learn about the various aspects you need to consider before filing for a divorce in New Jersey.

1. WHAT YOU NEED TO KNOW WHEN
CONSIDERING A DIVORCE IN NEW JERSEY

2. Recognize the Situation
• It’s a life-altering decision
• It’s normal for emotions to get in the way of rational thinking
• Most of the emotions will be negative or unhappy
• You need to protect your rights
Here are a few things you need to consider
When filing for a divorce, remember that:

3. Alimony
• Actual need for alimony
• Ability to pay alimony
• Duration of the marriage
• Age, physical and emotional health
of the parties
• Standard of living during in the
marriage
• Likelihood of each party
maintaining a comparable standard
of living even after separation
• Earning capacities, educational
levels, vocational skills and
employability of the parties
In New Jersey, alimony is calculated based on the following factors:

4. Alimony Continued
• Length of absence from the job
market
• Custodial responsibilities for children
of the party seeking alimony
• Time and cost of acquiring sufficient
education to find appropriate
employment
• Availability of the training and
employment
• Opportunity for future acquisitions of
capital assets and income
• History of the financial or
nonfinancial contributions to the
marriage by each party
• Equitable distribution of property
ordered
• Any other factors which the court
may deem relevant
In New Jersey, alimony is calculated based on the following factors:

5. Child Custody
• Ability of the parents to agree,
communicate and cooperate in
matters relating to the child
• Willingness of the parents to
accept custody
• History of unwillingness to allow
parenting time / visitation based
on substantiated abuse
• Interaction and relationship of the
child with parents and siblings
• History of domestic violence
• Safety of the child and of one
parent from physical abuse by the
other parent
• Preference of the child, after a
certain age
Custody and visitation are determined by the best interests of the child. In New
Jersey, custody and visitation (or parenting time) are determined in consideration of
the following factors:

6. Child Custody Continued
• Needs of the child
• Stability of the home environment
offered
• Quality and continuity of the child's
education
• Fitness of the parents
• Geographical proximity of the
parents’ homes
• Extent and quality of the time
spent with the child prior to or
subsequent to the separation
• Parents' employment
responsibilities
• Age and number of children
Custody and visitation are determined by the best interests of the child. In New
Jersey, custody and visitation (or parenting time) are determined in consideration of
the following factors:

7. Child Support
• Incomes of each parent from all
sources
• Alimony paid or received by either
parent
• Number of overnights each parent
has with the children
• Child's share of health insurance
premiums
• Cost of work-related child care
• Whether a parent is also
supporting another child or
children from another relationship
In New Jersey, child support calculation includes:

8. Marital Property Division
• What classifies as marital property
• Determining the value of the marital property
• Division of the marital property
(through negotiation, mediation, arbitration or litigation)
Equitable distribution of marital assets and liabilities does not mean a 50-50
division. In New Jersey, the division may be based on the following:

9. Restraining Orders
• Homicide
• Assault
• Terroristic threats
• Kidnapping
• Criminal restraint
• False imprisonment
• Sexual assault
• Criminal sexual contact
• Lewdness
• Criminal mischief
• Burglary
• Criminal trespass
• Harassment
• Stalking
In case of domestic violence, a restraining order can be requested. This may
depend on one or more of the following acts:

10. Putting the Best Foot Forward
While you are going through an emotionally tough period in your life, some
decisions need to be made rationally. These decisions can have an impact on your
financials and standard of living for the rest of your life.
Since the process is complex and you need to have everything in place, it’s best to
seek guidance from an attorney who has several years of experience in the various
aspects of divorce.

11. Make the Legal Process as Painless as Possible
Contact Ruvolo Law Group, LLC
Visit: www.ruvololaw.com
Or
Call: 973-993-9960