This section gives a general description of the legal process and the laws that apply to divorce issues. The divorce law in New Jersey is divided into two basic areas:
The procedural rules applicable to obtaining the divorce; and
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 divorce are very fact specific and often there is no simple answer.
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