Under a new bill just enacted into law, New Jersey divorce just became easier. A ninth cause of action for New Jersey divorce has been added, providing as follows : "Irreconcilable differences which have caused the breakdown of the marriage for a period of six months and which make it appear that the marriage should be dissolved and that there is no reasonable prospect of reconciliation." New Jersey P.L.1971, c.217, s.11, January 11, 2007
"A Self-Help Guide to Divorce in New Jersey," by Legal Services of New Jersey, makes its literary debut this week. The Guide runs 252 pages and explains how to get divorced or respond to a filing, the different kinds of divorce, and how to do it without a lawyer. The book features flowcharts showing the various steps, lists of financial documents a person needs and dozens of sample letters and forms. Free to low-income residents, it's $25 for others. The book provides a list of circumstances in which it's hard to handle a divorce alone or where an attorney's advice could be crucial, such as a couple in a custody dispute, owning real estate together or having a spouse living in another country. The Star Ledger, June 22, 2005
Sentencing will continue today for former Ewing Township Mayor Al Bridges who pled guilty to possession of crack cocaine. Carol Bridges, the former mayor’s estranged wife, had claimed in her divorce papers that her husband was a cocaine addict while he was mayor. In the papers, she went on to claim that her husband was caught by FBI agents as he purchased drugs while using a township-owned vehicle. The wife also claimed that the water at the mayor’s Bernard Drive home was turned off after he failed to pay the bill. The Trentonian, June 20, 2005
Rumors of the demise of "fault" grounds for divorce in New Jersey may be premature. In this case, the husband accused the wife of having an affair with a co-worker. In her counterclaim, the wife accused the husband of engaging in internet sex and pursuing relationships with the women he met online. The trial judge sustained both causes of action and was affirmed on appeal.
In a 65-page decision from our Supreme Court with 3 different opinions, New Jersey divorce lawyers have finally been told how fault [such as adultery] plays a role in determining alimony. From now on, marital fault is supposed to be irrelevant to alimony, with two exceptions : when fault negatively affects the economic status of the parties and when fault so violates societal norms that continuing the economic bonds between the parties would confound notions of simple justice. Fault is also supposed to be irrelevant in a counsel fee award. Mani v. Mani, ___N.J.___ (2005); 2005 WL 767004; April 6, 2005
There are 8 grounds for a New Jersey divorce. One of those grounds is adultery. In this case, the husband pleaded and proved a cause of action for divorce against the wife based on adultery. Moreover, she admitted it. Nevertheless, the trial court granted the divorce on an alternate ground for divorce, based on the parties' 18 months of continuous separation ["no fault"]. At the same time, the husband also lost his claims for (a) child support (b) alimony and (c) equitable distribution, in receiving only 20% of the wife's business. Other than getting divorced, it's difficult to see what else he achieved. Brooks, Jr. v. Brooks, New Jersey App. Div., January 19, 2005
If there was one thing Cathy and Robert Jacob agreed on, their lawyers said recently, it was that their marriage was over.
After 26 years, they divorced in January 2003, but Mr. Jacob was unhappy with the financial terms imposed by the court and appealed. Last June, an appellate court reviewed the decision and decided that neither of the Jacobs had shown proper grounds for divorce, an unexpected decision that would be unlikely in other states.
And so, four years after they split up, the Jacobs are still married.
"There was never even a thought that the court would say, 'A pox on you both,' " said Suzanne K. Bracker, the lawyer for Mr. Jacob. "What people should know is that getting a divorce is not a slam dunk." Especially not in New York. By some measures, the state has the most obstacles to divorce. It is one of a handful that does not allow one spouse to unilaterally end a marriage. It is also one of the few without some form of one-step, no-fault divorce for couples like the Jacobs. copyright 2004 The New York Times Company, November 30. 2004
