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Desmond Law P.A.

Chester Divorce Attorney

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During your initial consultation with an experienced attorney at Desmond Law P.A., located in Chester New Jersey, the various options available when seeking to end your marriage will be explained to you. These options, or grounds for divorce, can be categorized into two main types: no-fault and fault-based grounds.

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1. No-Fault Grounds:

   • Irreconcilable Differences: This is the most common no-fault ground for divorce in New Jersey. It means that the marriage has broken down irretrievably, and there is no reasonable chance of reconciliation. Couples can file for divorce on these grounds if they have been living apart for at least 18 consecutive months or if they can demonstrate that irreconcilable differences have caused the breakdown of the marriage.

2. Fault-Based Grounds:

   • Adultery: If one spouse can prove that the other spouse has committed adultery, it can be grounds for divorce.

   • Extreme Cruelty: Extreme cruelty includes physical or mental abuse that makes it unsafe or unreasonable for the couple to continue living together.

   • Desertion: If one spouse has willfully and voluntarily deserted or abandoned the other for at least 12 consecutive months without cause, it can be grounds for divorce.

   • Addiction: Habitual drunkenness or drug addiction can be grounds for divorce if it has persisted for at least 12 consecutive months and has had a detrimental effect on the marriage.

   • Imprisonment: If a spouse has been sentenced to prison for at least 18 months after the marriage, it can be grounds for divorce.

   • Institutionalization: If a spouse has been institutionalized for mental illness for at least 24 consecutive months during the marriage, it can be grounds for divorce.

 

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Spousal and child support in a New Jersey divorce are determined by state laws and guidelines. During your initial consultation, an experienced divorce attorney at Desmond Law P.A. will discuss the types of support that are typically awarded in Chester, New Jersey including:

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1. Spousal Support (Alimony): Spousal support, also known as alimony, may be awarded to one spouse to provide financial assistance to the lower-earning or financially dependent spouse after a divorce. The purpose of alimony is to help the recipient spouse maintain a standard of living similar to that enjoyed during the marriage.

   In New Jersey, there are several types of alimony that may be awarded, including:

   • Open Durational Alimony: This type of alimony is awarded in long-term marriages where the need for support is ongoing and indefinite.

   • Limited Duration Alimony: This is awarded for a specific period, typically in cases where one spouse needs temporary support to become self-sufficient.

   • Rehabilitative Alimony: Awarded to help a spouse acquire education or training necessary to become self-sufficient.

   • Reimbursement Alimony: Granted to compensate one spouse for expenses incurred to support the other spouse during education or training.

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2. Child Support: Child support in New Jersey is calculated using the "New Jersey Child Support Guidelines," which are established by state law. These guidelines consider several factors, including the incomes of both parents, the number of children, and the costs associated with raising children.  The child support order typically covers expenses such as basic necessities (food, clothing, shelter), healthcare, and educational expenses. Child support payments are typically made by the non-custodial parent to the custodial parent.  It's important to note that child support is usually determined independently of any spousal support or alimony calculations. Courts prioritize the best interests of the child when calculating child support.

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Consult with an experienced divorce attorney at Chester, New Jersey based Desmond Law P.A., who is knowledgeable in family law, to help navigate the divorce process and to ensure that spousal and child support arrangements are fair and in accordance with New Jersey law.

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Call Desmond Law P.A. for a Consultation.  908-955-7906

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