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3 commonly asked questions about New Jersey divorce

On Behalf of | Mar 10, 2023 | Blog, Family Law

Divorce, while not the ideal ending couples dream of when they speak their vows, is not uncommon. According to the Centers for Disease and Control Prevention, New Jersey alone experiences 1.7 divorces for every 1,000 people.

The divorce process can be simple or complex depending on the circumstances. As a result, many individuals share the same or similar questions about it.

1. Can children choose which parent they live with?

One often highly contested area in divorce is child custody. While most people seem to be aware that judges decide custody for really small children, there is a common misconception that older children can choose who to live with. Judges may, based on their own discretion, take into account the children’s opinions if they believe them to be old and mature enough to express one. However, there is no set age at which children get to outright choose where to live.

2. Does adultery affect the splitting of assets?

Infidelity can be grounds for divorce in New Jersey. There is no regulation specifying that it has any impact on property division. However, because the state is one that adheres to an equitable division policy, judges may choose to factor in any assets squandered on affairs when deciding what split constitutes “fair.”

3. Will a new partner affect child custody?

One parent simply cohabitating with a new individual is not a reason for a judge to alter a custody order. However, if the new situation causes harm to or poses a danger to the children’s mental, emotional or physical well-being, it may be grounds to review and change the custody order.

Divorce has the potential to be a tricky process, especially as relates to minor children and property division. Judges make these based on multiple factors, but some have more significance than others.