Marital property and division of assets in new jersey new jersey is an equitable division state meaning that property is divided fairly in a divorce though not necessarily on an even 50 50 basis the first step in a division of assets is determining what is marital property and what is not only marital assets are considered in a division of assets according to law marital assets are those accumulated during the course of the marriage up until the day of separation. Understanding property division in new jersey in accordance with new jersey law the property acquired by the spouses during their marriage must be divided among them during their divorce in accordance with a variety of factors often parties are able to come to an amiable resolution amongst themselves or with the assistance of their attorneys regarding the division of their property . Property division during a new jersey divorce each state decides how spousal property is divided when a marriage ends where equitable distribution rules apply as they do in new jersey spouses are supposed to receive fair but not necessarily equal shares of marital property the spouses interpretations of the word fair during divorce cause many legal disputes all states categorize . A new jersey property division order is a court order issued by a court order issued by a judge describing how property is to be divided between spouses following a divorce a property division order is a binding legal obligation and failure to comply with the terms in full by either spouse can result in being charged with contempt of court . As an equitable distribution state nj divorce laws require marital property to be divided in a fair and equitable way between both spouses naturally the courts determine what fair means and will base their decision on a number of factors
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