- In New Jersey, separation -- in which you have lived separately from your spouse for at least 18 months -- is the only grounds for a no-fault divorce. Other grounds for divorce are extreme cruelty, adultery, desertion, addiction, institutionalization, imprisonment and deviant sexual conduct.
- You may be tempted to try to conceal assets while going through a divorce, but full disclosure will prevent any problems if your wife later discovers hidden assets. A man should reveal sufficient information to show what he is entitled to and also to show that the wife is receiving her fair share.
- Alimony is an allowance that one spouse pays to the other. The term "maintenance" is often used rather than alimony. In most cases, the divorcing husband pays alimony to the wife who depended on him economically. The allowance supports the spouse until she can support herself. The amount to be paid and the length of time it must be paid are frequently subjects of contention in divorce proceedings.
According to New Jersey law, the alimony is decided based on the need of one party and the ability of the other to pay, the length of the marriage, the ages of the parties, the standard of living they enjoyed during the marriage and other factors, such as how long the recipient (usually the wife) has been out of the job market and how soon she can expect to be self-supporting. - New Jersey courts uphold the rights of children to maintain contact with both parents after a divorce. The court treats both parents' rights the same, although many men do not perceive this to be the case. Courts tend to award joint legal custody to both parents, allowing both to make major decisions about the child's health, education and welfare. Residential custody is usually awarded to one parent, most often the mother, with visitation rights, now called a parenting plan, to the other, according to the best interests of the child.
- The court determines the amount of child support based on such factors as the number of children, the ages and needs of the children, and the financial circumstances of both parents. Support guidelines are spelled out in court rules.
Newspapers occasionally report on efforts to crack down on "deadbeat dads" who have fallen seriously behind in paying child support. The offenders occasionally include women, but most of them are men. Child support failures are a problem in New Jersey, where offenders risk arrest and jail time, seizure of bank accounts, liens on property, bad credit, and suspension of drivers' license and professional licenses. - One parent, most often the mother, may prevent her ex-spouse from seeing his child despite a court-approved schedule. Child support and visitation are separate issues, and even a father who has fallen behind in support must be permitted to see his child.
Interfering with custody or visitation is a crime in New Jersey. A father who has been repeatedly denied visitation should document his efforts to visit the child and how his efforts were thwarted, and he should seek legal help.
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