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New Jersey State Bar

Category Archives: Equitable Distribution


Classifying and Dividing Marital Property in a New Jersey Divorce

By Katherine K. Wagner |

Like some other jurisdictions, New Jersey is an equitable distribution state. Upon divorce, the marital estate, including both assets and debts, must be divided equitably between the parties. That’s not necessarily the same thing as an equal division. In fact, there is a presumption in New Jersey law that the divorce must not be… Read More »

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How Does Coronavirus Affect Divorce Property Valuation?

By Katherine K. Wagner |

In most cases, economic activity slowed to a standstill during the spring 2020 coronavirus lockdowns. The slowdown was especially bad for entertainment venues, most retailers, and other nonessential businesses. Normally, the law distinguishes between active and passive assets. But these are not normal times. The extraordinary circumstances rule, first articulated in 1991’s Goldman v…. Read More »

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Five Common Property Division Factors in New Jersey

By Katherine K. Wagner |

New Jersey is an equitable distribution  state. A divorce cannot be an unfair financial burden for either party, so marital property must be divided accordingly. That includes both debts and assets. There is a presumption that a 50-50 division is equitable in most cases. So, for a Somerville equitable distribution attorney to obtain a… Read More »

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How long does it take to get divorced in New Jersey?

By Katherine K. Wagner |

How long does a divorce take in NJ? The length of a divorce is not set in stone by any rule or law. Spouses who remain civil and mutually agree on how to divide their assets before filing can finish their divorce as quickly as the courts can process a divorce petition. If you… Read More »

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What Happens to the Marital Home Upon Divorce?

By Katherine K. Wagner |

When it comes to divorce, there are a lot of things to think about. In New Jersey, after any child custody and support, one of the important issues is equitable distribution. This means that the courts will fairly, but not necessarily equally, divide property between divorcing spouses. Marital property generally includes that which is… Read More »

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