Marriage an d Divorce The good th e

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Marriage an d Divorce The good, th e bad, and t he ugly

Marriage an d Divorce The good, th e bad, and t he ugly

Marriage 0 Marriage- Tax benefits, insurance benefits, social security benefits. 0 - Minimum age

Marriage 0 Marriage- Tax benefits, insurance benefits, social security benefits. 0 - Minimum age to get married in New Jersey is 18 0 - Physical requirements are not required 0 - Mental requirements are required- person must know what they are doing, and they are not under the influence of anything. (Sound body and mind are required)

How to apply for a marriage license? - Go to your Township Municipal building

How to apply for a marriage license? - Go to your Township Municipal building - Have a valid driver’s license/ I. D. - Social Security card - Witness to vouch for who you are - $28 cash After applying for the marriage license the waiting period is 3 days. 0 *A marriage license is a piece of paper that authorizes you to get married and a marriage certificate is a document that proves you are married by an authorized offiate. 0 0 0

Who can get married in New Jersey, and who can make it official? 0

Who can get married in New Jersey, and who can make it official? 0 -Who can marry you? 0 - A judge, preacher, or mayor 0 -Who is prohibited to marry? 0 - No one (Same sex marriages are allowed as of October 21, 2013)

Divorce 0 Dissolving or ending of a Marriage

Divorce 0 Dissolving or ending of a Marriage

Grounds of Divorce 0 • No-fault: separation for 18 consecutive months (must be living

Grounds of Divorce 0 • No-fault: separation for 18 consecutive months (must be living in separate residences) 0 • Willful and continued desertion for at least 12 months( can live in the same household, but no sexual contact, no talking) 0 • Institutionalization for mental illness for at least 24 consecutive months( have to give them a chance to get better) 0 • Imprisonment for at least 18 months; 0 • Adultery (no time limit)( penetration has to occur, still counts even if a man did not ejaculate) 0 • Habitual drunkenness or voluntary addiction; ( 2 year wait)( time for help) 0 • Extreme cruelty, either bodily or mental. (3 month wait) 0 • Irreconcilable Differences (easier and don’t have to say anything bad about the other person (3 month wait) Considered a no fault divorce 0 ***If you leave or get kicked out of the house( adultery) you will have to find another place to live and even have to continue paying part or all of the mortgage until the divorce is final because the residence is in your name.

Annulment 0 In New Jersey there are two types of annulment. In the first

Annulment 0 In New Jersey there are two types of annulment. In the first type the marriage is declared void as though it had never existed and second is considered “voidable”. This is where a judge would decide if it should be annulled. 0 You do not legally have to go to court to have the marriage declared void. In the case of an annulment, a marriage must be "totally void" in order for it to be considered annulled.

“Totally Void” Annulment 0 • If your spouse was formally married to someone else

“Totally Void” Annulment 0 • If your spouse was formally married to someone else and still has not divorced that person. Your marriage to this spouse is considered totally void. 0 • Another defective marriage is one done between "blood" relatives.

“Voidable" Lack of consensual age 0 • A marriage may be declared void if

“Voidable" Lack of consensual age 0 • A marriage may be declared void if the parties did not really intend to marry or if they are incapacitated, as in insanity 0 • Concealment: 0 • 0 0 Intoxication Drugs Felony Children from prior marriage 0 • Fraud 0 lied about the ability to have children 0 • Once spouse refuses or has an inability to consummate (sexual intercourse) the marriage. 0 • Significant misunderstanding 0 When one person wants children and the other does not 0 • Pressured or forced into marriage against their will.

How much is a Divorce? 0 How much does it cost? 0 - Depends

How much is a Divorce? 0 How much does it cost? 0 - Depends on both parties ability to settle/ agree 0 - If they fight over issues it will prolong the divorce and make the price go up 0 - Usual divorce cost: starts at $3, 500 lawyer fee + $200 an hour (about 17. 5 hours with an uncontested divorce) 0 - You can divorce and remarry the same person

What will be divided? 0 New Jersey adopted the “no fault” form of divorce.

What will be divided? 0 New Jersey adopted the “no fault” form of divorce. No -fault divorce means the court will not assign fault to either party for the divorce. 0 Equitable Distribution- Everything is split 50/50. . Equitable distribution looks in the past at what property the parties acquired during the marriage and splitting up the "marital pot. " 0 0 0 Home/property Household goods Money- bank accounts, saving accounts, checking Businesses Pets

Prenuptial Agreement 0 A prenuptial agreement is a legally bind contract created by two

Prenuptial Agreement 0 A prenuptial agreement is a legally bind contract created by two people before they marry.

Alimony 0 Alimony is the term that is used for payments that are made

Alimony 0 Alimony is the term that is used for payments that are made by one spouse to the other after a divorce. 0 Alimony is used to balance the unfairness in the parties' earning capacities. 0 Alimony is designed to permit both parties to continue to live, as best as possible, the same standard of living that they became accustomed to during the marriage.

Custody of Children 0 • 0 -6 years old (Tender Years) with mother 0

Custody of Children 0 • 0 -6 years old (Tender Years) with mother 0 • After 6 - Best interest of the child 0 • 12 -14 - what the child wants 0 *PPR- Parent of Primary residence 0 *PAR- Parent of alternative residence

Child Support 0 Set formula: Each parents weekly income, Number of children, and cost

Child Support 0 Set formula: Each parents weekly income, Number of children, and cost of living 0 - If any of the children are in their teens the amount will raise by 14% 0 - If either party gets a promotion at any time after the first hearing, parent can be taken back to raise child support