Divorce FAQs - Part II

Having represented many clients going through a divorce, there are some questions that we get asked more often than not. These were the top three questions asked by our divorce clients in 2021:

How long does a divorce take?

The time it takes to get divorced is often controlled by the parties getting the divorce.

If you resolve your differences amicably, you can usually be divorced within 6 to 8 months.

However, if you require the court to settle your differences, things can take longer. When you engage in litigation, you become subject to the court’s calendar and availability. We’ve seen divorce proceedings last over 5 years where the parties refuse to come together on certain topics.

How are assets divided?

New Jersey divorce laws consider assets and debts acquired during the marriage to be “marital property”. It does not matter if assets or debts were acquired alone or together or how they are titled.

New Jersey is not a Community Property State. Instead, New Jersey uses the concept of “equitable distribution” to divide assets in a divorce. This means that fundamental fairness, under the circumstances of each case, forms the basis of property division.

When deciding how to distribute a couple’s assets in a divorce, the court looks at many factors including:

• The length of the marriage.
• The physical and emotional health, and age of each spouse.
• Income or property either spouse brought into the marriage.
• The standard of living established by the couple during the marriage.
• Prenuptial or postnuptial agreements covering property division.
• The overall economic circumstances of each spouse.
• The income and earning capacity of each spouse.
• Whether career goals were delayed during the marriage.
• Time or expense either spouse may spend on education or training to achieve a standard of living comparable to the marital standard.
• Contributions made by either spouse to the education or earning power of the other spouse.
• Contributions by either spouse toward the acquisition, preserving, improvement, or wasting of marital property.
• Tax consequences of proposed distribution.
• Present value of all property.
• How physical custody of a child will impact ownership or occupancy of the marital residence or use of household effects.
• Present or future need for medical or educational trusts for either spouse or a child.

Usually, judges dividing marital property are not concerned with fault or misconduct. However, if one spouse drained a savings account by gambling, a court may assign the spouse a larger part of the remaining assets to compensate for the loss of marital funds.

How do annulments work?

First, let’s start with the difference between a civil annulment and a divorce. Note: there is also a religious annulment, but that can only be granted by a church or clergy and has no legal effect on your marital status as far as New Jersey is concerned.

A civil annulment is like a divorce in that it is a court procedure that ends a marriage. However, an annulment is different from a divorce because it treats the marriage like it never happened.

But, unlike a divorce, there are limited reasons for getting an annulment. These reasons include:

• One of the parties was under the age of 18 at the time of the marriage and since turning 18 the parties have not had sexual relations.
• One of the parties was unable to comprehend that they were getting married. This can be the cause of a mental condition or even intoxication.
• Fraud was committed or lies were told by one spouse that coerced the other to marry.
• One spouse married only because of severe threats.
• Incurable impotence by a spouse of at the time of marriage.
• The marriage was illegal because the spouses are too closely related.
• Bigamy, meaning one spouse was already married at the time of the marriage.

Let us know if you have more questions about these common divorce FAQs.  Our team of experienced attorneys is standing by to help. So, contact us today to discuss your circumstances.