This section gives a general description of the legal process and the laws that apply to NJ divorce issues. The divorce law in New Jersey is divided into two basic areas:
The procedural rules applicable to obtaining the divorce; and
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A divorce is obtained by securing a divorce judgment through the Family Court. This judgment often incorporates an agreement (referred to as a Matrimonial Settlement Agreement) that is worked out between the parties, whether through negotiations between counsel, mediation, collaborative practice or a combination of the above.
If the matter cannot be resolved the matter can be concluded by a decision from an arbitrator or Trial Judge. The divorce itself is commenced through the filing of a divorce Complaint alleging one of the causes of action for a divorce that is recognized in New Jersey.
The New Jersey Legislature has passed statutes that provide many of the general principles for addressing the issues in a divorce.
In addition to the statutes, the New Jersey Courts have made decisions that may apply to your case. As comprehensive as the law may be in this area, issues in a divorce are very fact-specific and often there is no simple answer.
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