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Commonly Asked Questions about Divorce Law Summary

Until you have a court order, any property or debt from your marriage still belongs to both of you. This is true no matter who is using it or who has it with them. The same is true of debts.
After divorce, each of the former spouses is responsible for his or her own debt. However, it is important to be sure that any joint accounts are closed. If your ex uses a joint credit card or takes out a loan in your name, you could still be held responsible for payments.
If the spouse with the financial advantage refuses to continue to pay his or her share of the bills while the divorce is pending, the other spouse may file a motion with the court for temporary spousal support.
Pursuant to legislation signed into law by the Governor of New York State in 2010, New York will grant a divorce when there has been an irretrievable breakdown of the marriage, for six (6) months or longer, joining the rest of the country in instituting no-fault divorce.
If both spouses are financially independent and capable of sustaining themselves without assistance from the other, financial support during separation may not be required. However, this can vary depending on the specific circumstances of each case.
All states allow no-fault divorce on grounds such as irreconcilable differences, irremediable breakdown, and loss of affection. Some states mandate a separation period before no-fault divorce. Mississippi, South Dakota and Tennessee are the only states that require mutual consent for no-fault divorce.
Divorce in NJ: Who Gets the House? Generally, a wife is entitled to an equitable distribution of the marital assets and liabilities. This means that the wife will receive a fair share of the property acquired during the marriage, regardless of who earned or owns it. In some cases, this may include the family home.
Courts typically consider each spouses financial ability to pay when determining who should be responsible for bill payments during the divorce. This includes evaluating both spouses incomes, living expenses, and financial stability. The standard of living established during the marriage is also a critical factor.