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New Jersey

New Jersey

New Jersey

The followingcapsule summary of the law in this state related to divorce maybe helpful to you. These brief statements are not meant tosubstitute for legal consultation, but rather to highlight themain issues to consider.

Divorce Law

GROUNDS FOR DIVORCE

Grounds: Adultery; cruelty orviolence; desertion; drug/alcohol addiction; insanity; convictionof crime; deviant sexual behavior without plaintiffÕs consent.

Residency: Either party a bona fideresident of New Jersey.

Waiting Period: Decree immediatelyfinal, except for 45 days following, it is appealable.

No Fault: Separation (18 months).

Defenses: Abolished by 2A:34-7

Code Section: 2A:34

CHILD CUSTODY
Uniform Child Custody Act:1979
Joint Custody:Yes, 9:2-4
Grandparent Visitation:Yes, 9-2-7.1
Child's Wishes Considered:Yes
Code Section: 2A:34-23

MARITAL PROPERTY
Community Property: No.

ANNULMENT AND PROHIBITEDMARRIAGE

Grounds: Previous marriageundissolved; impotency; lack of consent due to alcohol,understanding capacity, drugs, duress, fraud, underage.

Time Limitation: None listed.

Legitimacy of Children: Children ofannulled marriage are legitimate.

Prohibited Marriages: Betweenancestor and descendant, brother and sister, uncle and niece,aunt and nephew.

Code Section: 2A:34-1, 20; 37:1-1

RESOURCES

American Arbitration Association
Somerset Regional Office
265 Davidson Ave., Ste. 140
Somerset, NJ 08873-4120
Phone: (908)560-9560
Fax: (908)560-8850
Richard Naimark, Reg. VP

Forms for New Jersey Divorce Practice
New Jersey Institute for Continuing Legal Education
One Constitution Sq.
New Brunswick, NJ 08901-1500
Phone: (908)249-5100
Edward S. Snyder and Lee M. Hymerling. 1988.

New Jersey Banking Department
20 W. State St.
Trenton, NJ 08625
Phone: (609)292-3421
Jeff Connor, Commnr.

New Jersey Child Support and PaternityPrograms
Department of Human Services
CN 716
Trenton, NJ 08625
Phone: (609)588-2361
Fax: (609)588-2354

New Jersey Insurance Department
CN325
Trenton, NJ 08625
Phone: (609)292-5363
Jasper Jackson, Actg. Commnr.

New Jersey Self-Help Clearinghouse
St. Clares-Riverside Medical Ctr.
Denville, NJ 07834
Phone: (201)625-9565
Free: 800-367-6274
Fax: (201)625-6848
Barbara White, I&R Service Coordinator
Ed Madara, Director

New Jersey State Bar Association
New Jersey Law Center
1 Constitution Sq.
New Brunswick, NJ 08901-1500
Phone: (908)249-5000
Fax: (908)249-2815

New Jersey State Department of Health
State Registrar of Vital Statistics
CN-370
Trenton, NJ 08625-0370
Phone: (609)292-4087
Responds to public inquiries for birth, death, and marriagerecords dating from June 1878. Charges $4 search fee for one namewhen year of event is supplied. Searches for more than one yearare $1 for each additional year. Search fee includes certifiedcopy if found. Additional copies ordered at same time cost $2 percopy. Expedited service is available through a company calledVital Check for a $5 additional surcharge, billed through Visa orMaster Card. Order by phone, (609)633-2860. Birth, death, andmarriage records dated May, 1848 through May, 1878, have beentransferred to the New Jersey State Archives, Division ofArchives and Records Management, CN-307, Trenton, New Jersey08625-0307, (609)292-6260. Charges search fee of $4 per name. Feeincludes uncertified transcript if found. For all inquiries,enclose a self-addressed, stamped envelope.

Office of Child Support EnforcementRegional Representative (New Jersey)
Federal Bldg., Rm. 4048
26 Federal Plaza
New York, NY 10278
Phone: (212)264-2890

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Separation and Divorce Guidebook
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