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Divorce FAQ's

Divorce Frequently Asked Questions

Experienced New Jersey divorce attorneys skillfully navigate divorce process

Whether you are considering divorce or have already made the decision that it is a step you want to take, you undoubtedly have numerous questions about the process and the divorce laws in the state of New Jersey. The Monmouth County divorce attorneys at Lomurro Law are experienced and knowledgeable, skillfully working with couples for the best possible outcome in their particular situation. Our team gathered to answer some of the most frequently asked questions pertaining to divorce in New Jersey.

What are the grounds for divorce in New Jersey?

In New Jersey a couple can now have grounds for a divorce based on irreconcilable differences that have occurred within the past 6 months.

How is property divided in a New Jersey divorce?

In New Jersey, when a couple divorces, the marital property is divided in an “equitable” manner. It is important that couples understand that “equitable division” of property does not necessarily mean equal division of property. New Jersey is NOT a community state, so assts are not necessarily distributed on a 50/50 basis. Our attorneys will help you negotiate which property is to be considered marital property, and then the property will be distributed in a way that is fair.

How is child custody determined in New Jersey?

In New Jersey – like all other states – the courts presume that it is best for children to have regular, ongoing contact with both parents after the couple divorces. Whenever possible, judges prefer to support joint custody. That being said, the child custody arrangements will be determined by what is deemed to be in the best interests of the children and may be tailored to your situation.

How it child support decided?

All states believe that it is a parent’s responsibility to support their children, even if the parents divorce. In New Jersey, the courts determine the level of child support that will be required based on several factors, including each parent’s income, other financial resources available, and the amount of time each parent is spending with the child. In some cases, the courts will attribute income to a parent who has a greater earning capacity than is currently achieved.

How do the new tax laws affect alimony?

At the end of 2017, Congress signed the Tax Cuts and Jobs Act, which eliminated the tax deduction for alimony on personal income taxes for couples who divorce after December 31, 2018. If you and your spouse are divorced prior to the end of the year, the recipient of alimony must report the support as taxable income and the payer of the alimony must include the support as a tax deduction.

Have more questions about divorce in New Jersey? Give us a call.

From child support to alimony, divorce involves several significant, emotional decisions. Be informed about the divorce process and the divorce laws in New Jersey. Contact Lomurro Law to arrange for a confidential consultation with one of our divorce attorneys who answer your questions, discuss your options, and guide you every step of the way. We can be reached at 732-414-0300 or online.