The court’s goal is to complete a divorce matter within 12 months. In complex cases, involving the valuation of business assets by forensic experts, the time is often extended. If custody is in dispute, the court’s goal is to adjudicate the matter within 6 months, despite the fact that this goal is rarely achieved.
If the parties execute a written settlement agreement, addressing all issues incidental to a divorce, including spousal support, child support, custody, parenting rights, equitable division of assets acquired during the marriage and counsel fees, the court will grant a divorce promptly and without delay. It is ideal for the parties to enter into a settlement agreement prior to filing for divorce.
New Jersey is an equitable distribution state which means it equitably and fairly distributes assets acquired during the marriage based on the facts and circumstances of each case – not necessarily an equal division of assets. According to New Jersey law, N.J.S.A. 2A:34-23.1, the court considers 16 factors in determining equitable distribution of assets, including the length of the marriage; the income and earning capacity of the parties; the value of the property and the contributions of each party to the acquisition of the asset including contributions as a homemaker and several other factors. Assets that are premarital, inherited or gifted from a third party are exempt from equitable distribution unless the asset increases during the marriage due to the effort of either party or joint effort of the parties. In that event only the enhanced value from active effort of either party or both parties is subject to equitable distribution. Interspousal gifts such as jewelry or other tangible assets are equitably distributed in a divorce action.
Yes. A business or professional practice is subject to equitable distribution, including the tangible and intangible assets such as good will. Typically, forensic experts are necessary to review all business records and render a report determining the value of the business and the income generated from the business. The parties or the Court can appoint a joint expert or each party can select their own expert.
The purpose of alimony is to enable a dependent spouse to maintain a lifestyle that is reasonably comparable to that which was enjoyed during the marriage. Alimony is gender neutral. New Jersey does not use a simple formula or table to determine alimony. Pursuant to New Jersey law, N.J.S.A. 2A:34-23(b), Courts consider 14 factors in determining alimony, including the length of the marriage, the health of the parties; each spouse’s financial circumstances, earning ability of each party, standard of living during the marriage, age of each party, and other factors.
The Court can grant open durational alimony or limited duration alimony for a fixed time period. If the marriage is less than 20 years, the duration of alimony should not exceed the length of the marriage, absent exceptional circumstances. After 20 years, alimony may be open durational and exceed the length of the marriage. If there is a substantial change in the circumstances of either party, alimony may end or be modified. Alimony will terminate upon the death of the payor or payee, remarriage of the recipient of alimony, or be suspended or terminated if the recipient of alimony is cohabiting in a relationship tantamount to marriage. Often, the payor of alimony obtains life insurance to secure future support obligations to the dependent spouse.
Yes. A prenuptial agreement can establish how pre-marital and post-marital assets such as businesses, investments, real estate and retirement assets are treated if the marriage ends in divorce or death.
A prenuptial agreement can address a variety of financial and legal issues that may arise in the event of divorce or death of a party, such as equitable distribution claims for assets acquired before or during the marriage, including business interests, retirement and investments accounts and real estate. A non-owing party may waive equitable distribution claims, in whole or part. The agreement can also address alimony which can be waived or quantified or reserved and left to the discretion of a court if a divorce action is filed.
A prenuptial agreement can also waive the “elective share”, the right of a surviving spouse to receive approximately one-third of the deceased’s spouse’s estate irrespective of the deceased parties’ last will and testament that may provide a lesser sum to the surviving spouse.
If the elective share is waived, life insurance for the dependent spouse is often provided in consideration of the waiver. The agreement can also deal with existing and post marital debts and counsel fees if a divorce ensues and a party seeks to repudiate the agreement. It’s against public policy for the prenuptial agreement to address custody and parenting rights of unborn children.
It is best to begin the process several months before the wedding to avoid claims of duress. Starting early gives both parties sufficient time to review the agreement, prepare net worth statements and understand their rights under the law. The agreement must be in writing, signed by the parties, and voluntarily entered into. It is critical that the parties exchange financial information identifying and valuing each of their assets and disclosing their income and liabilities. Either party can waive legal counsel, in writing, but it is strongly recommended that each party retain separate counsel.
A prenuptial agreement can be amended or modified after the parties are married, provided the applicable legal requirements are satisfied: full disclosure of assets and their values, current income and liabilities, and voluntary execution of a written document. Couples may want to revisit their agreement when their financial circumstances, family situation, or other significant circumstances change. However, mid-marriage agreements are closely scrutinized by the Courts as potentially coercive since one party may enter into an unfair agreement in order to save their marriage.
The New Jersey custody statute is N.J.S.A. 9:2-4. New Jersey custody decisions are based on the best interests and safety of the child, both physically and emotionally. The Court considers numerous factors, including the child’s custodial preference, the parents’ ability to communicate and cooperate, the child’s relationship with each parent, the child’s needs, the stability of each home environment, the parents’ fitness, geographic proximity of the parents, the safety of the child and other relevant circumstances. The gender of a party is irrelevant to a determination of custody.
Yes. The child’s preference is one of several factors to be considered when the child is of sufficient age and capacity to form an intelligent decision. New Jersey’s custody law was amended in 2026 gives significant weight to a child’s preference in contested disputes. If the Court ignores the child’s preferences, the Court must state, on the record, the reasons for ignoring the child’s preference.
In New Jersey, child support is calculated using the New Jersey Child Support Guidelines, which considers the earned or unearned income of each parent (income includes alimony for the recipient and a corresponding reduction in income for the payor spouse), and the amount of overnight parenting time. Additional support may be provided when the parties’ combined net incomes exceeds $187,200 or when children have extraordinary needs or expenses.
If the combined net income of the parties’ exceeds $187,200, the Court increases the guideline amount by factors listed in N.J.S.A. 2A:34-23(a), such as the needs of the child, the income and assets of the parents, income of the child, and standard of living of the parents.
Yes. Child support, custody, and parenting arrangements may be modified when there has been a substantial change in circumstances. A parent seeking a modification of custody has the burden of proof to provide factual evidence supporting the change in circumstances. For example, the child wants to live with the other parent or the existing arrangement is unsafe for the child’s psychological or physical well-being.
New Jersey is a no-fault divorce state; marital misconduct does not determine how property is divided or whether alimony or the amount of alimony is awarded to a dependent spouse. However, misconduct can become relevant when it has financial consequences. For example, if a party is cohabiting with a third party in a romantic relationship tantamount to marriage, the Court will likely deny alimony. If misconduct affects the parties economic circumstances or the conduct violates basic notions of justice, fault may matter, such as attempting to murder a spouse; or dissipating marital assets or fraudulently transferring assets to defraud a spouse.
Yes. At least 95% of New Jersey divorces are resolved through negotiations and settlements rather than contested trials. The parties may negotiate issues including custody, parenting time, child support, alimony, equitable distribution of assets, division of debts, and counsel fees. Reaching an agreement provides certainty and reduces the time, expense, and emotional pain associated with the unpredictable outcome of contested litigation. The parties may agree on several issues in dispute and have the disputed issues adjudicated by a court.
Yes, you can obtain a divorce even if your spouse does not agree to the divorce. A party can file a divorce on the grounds of irreconcilable differences for a period of 6 months, with no reasonable prospect of reconciliation. If a divorce is filed and the other spouse defaults, by not opposing the proceedings, the Court can still grant a divorce and address alimony, child support, equitable distribution of assets, custody and counsel fees. There is no need to prove fault or the reason for the divorce. However if a party caused economic harm to a spouse, such as fraudulently transferring marital assets or intentionally caused physical or mental abuse to a spouse, that caused damages to that spouse, the court can award compensatory and punitive damages in a “Tevis” action.
Yes. You can bring a “Tevis” action for physical and emotional damages caused by your spouse. The action can include compensatory and punitive damages to cover medical and mental health bills, lost wages, pain and suffering and the permanency of your injuries. You may also seek punitive damages to punish the wrongdoer. You will need expert testimony to prove your damages are causally related to your spouse’s actions, conduct and behavior. If a divorce is pending, a Tevis action should be brought in the divorce proceeding.
A New Jersey divorce can be simple or fraught with difficulty and unresolved issues. David Wildstein is an experienced NJ Divorce Lawyer who can help you in tense negotiations, highly charged court hearings, involving complex custody, prenuptual agreements, enforcement and modification of judgments and appeals through the divorce process. Contact New Jersey Family Law Attorney David M. Wildstein to schedule a private meeting at his Red Bank or Woodbridge offices to discuss your case and explore your legal rights.
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