New Jersey Family Lawyer | Divorce & Custody Attorney

Family Law Attorney Serving New Jersey

Family law matters in New Jersey are governed by statutes and court rules that differ from New York in important ways. New Jersey is an equitable distribution state for marital property division, recognizes both no-fault and fault-based grounds for divorce, and applies the best interests of the child standard for custody determinations under N.J.S.A. 9:2-4. The NJ child support guidelines use an income shares model that calculates obligations based on both parents' combined income. Alimony in New Jersey was reformed by the 2014 Alimony Reform Act, which established specific guidelines for duration based on the length of the marriage.

Agarunov Law Firm represents individuals in family law matters throughout New Jersey, including divorce, child custody and parenting time, child support, alimony, prenuptial and postnuptial agreements, and post-judgment modifications. Our Englewood office at 285 Grand Avenue serves clients in Bergen County and northern New Jersey, and our Manhattan office at 30 Broad Street provides access for clients with family law issues involving both states.

Divorce in New Jersey

New Jersey offers both no-fault divorce based on irreconcilable differences (requiring a six-month duration) and fault-based grounds including adultery, desertion, extreme cruelty, and separation for 18 months or more. Most divorces proceed on the no-fault irreconcilable differences ground. The divorce process involves filing a complaint, discovery (financial disclosure), negotiation of settlement terms, and either a settlement agreement or trial. We represent clients through every stage of the process, from initial filing through final judgment. Learn more about NJ divorce.

Child Custody and Parenting Time

New Jersey courts determine custody and parenting time based on the best interests of the child, considering 14 statutory factors set forth in N.J.S.A. 9:2-4. These factors include each parent's ability to cooperate, the quality of the child's relationship with each parent, the stability of the home environment, the child's preference (if the child is of sufficient age and capacity), and any history of domestic violence. New Jersey recognizes both legal custody (decision-making authority) and physical custody (where the child lives). Learn more about NJ custody.

Child Support

New Jersey calculates child support using the income shares model, which is based on both parents' combined net income. The NJ Child Support Guidelines establish a presumptive support amount that considers each parent's income, the number of children, health insurance costs, childcare expenses, and the parenting time arrangement. Deviations from the guidelines amount are permitted when the court finds that strict application would be unjust. Child support obligations generally continue until the child is emancipated, which in New Jersey is not automatic at age 18.

Alimony

The 2014 NJ Alimony Reform Act established four types of alimony: open durational (for marriages of 20 years or more), limited duration (for marriages of less than 20 years), rehabilitative (to support a spouse obtaining education or training), and reimbursement (to compensate a spouse who supported the other through education). The Act provides that limited duration alimony should not exceed the length of the marriage except in exceptional circumstances. Alimony determinations consider each spouse's actual income and earning capacity, the length of the marriage, the standard of living established during the marriage, and 12 other statutory factors.

Prenuptial and Postnuptial Agreements

New Jersey enforces prenuptial agreements under the Uniform Premarital Agreement Act (N.J.S.A. 37:2-31 et seq.) and postnuptial agreements under common law principles. These agreements allow couples to define property rights, alimony terms, and other financial matters in advance. Both types of agreements require full financial disclosure, voluntariness, and conscionability to be enforceable. Learn more about NJ prenuptial agreements. Learn more about NJ postnuptial agreements.

Why NJ Clients Choose Agarunov Law Firm for Family Law

Experienced with NJ divorce, custody, support, and alimony laws including the 2014 Alimony Reform Act and NJ Child Support Guidelines.
Englewood office at 285 Grand Avenue serving Bergen County families.
Licensed in both New York and New Jersey for family law matters involving both states.
Direct attorney involvement throughout your case.
Free initial consultations for all family law matters.

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New Jersey Family Law FAQ

What are the grounds for divorce in New Jersey?

New Jersey allows no-fault divorce based on irreconcilable differences that have existed for at least six months, as well as fault-based grounds including adultery, desertion for 12 months, extreme cruelty, separation for 18 months, addiction, institutionalization, imprisonment, and deviant sexual conduct. Most NJ divorces are filed on no-fault grounds.

How is property divided in a NJ divorce?

New Jersey is an equitable distribution state, which means marital property is divided fairly but not necessarily equally. The court considers 16 statutory factors including the duration of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, and each spouse's contribution to marital property. Only marital property is subject to division; separate property (acquired before marriage or by gift or inheritance) is generally excluded.

How is child custody determined in New Jersey?

NJ courts determine custody based on the best interests of the child, evaluating 14 statutory factors including each parent's ability to cooperate, the quality of the child's relationship with each parent, the stability of each home environment, the child's educational needs, and any history of domestic violence. The court can award joint legal custody, sole legal custody, joint physical custody, or sole physical custody.

How is child support calculated in NJ?

NJ uses the income shares model, which calculates support based on both parents' combined net income and the number of children. The NJ Child Support Guidelines produce a presumptive support amount that accounts for health insurance, childcare costs, and the parenting time split. The court can deviate from the guidelines if strict application would be unjust or inappropriate.

When does child support end in New Jersey?

Unlike many states, New Jersey does not have an automatic emancipation age. Child support continues until the child is emancipated, which the court determines based on factors such as reaching age 19, completing education, entering the military, marrying, or becoming financially independent. Either parent can petition the court for a determination of emancipation.

What types of alimony are available in NJ?

The 2014 NJ Alimony Reform Act established four types: open durational (for marriages of 20+ years, no set end date), limited duration (for marriages under 20 years, capped at the length of the marriage), rehabilitative (to support education or job training), and reimbursement (to compensate a spouse who supported the other through education). The court considers 14 statutory factors when setting the amount and type.

Does Agarunov Law Firm handle family law in both NY and NJ?

Yes. We are licensed in both states and handle family law matters involving NJ and NY. This is particularly relevant for couples who live in one state and work in the other, own property in both states, or have custody arrangements that cross state lines. Our Englewood and Manhattan offices serve the full metropolitan area.