How does Property get divided?
New Jersey is an "equitable distribution state". This means that in a divorce in New Jersey, property acquired during the marriage needs to be divided equitably (i.e., fairly), either by voluntary agreement of the parties or by order of the trial judge.
Does the Court care if only one of the spouses worked during the marriage?
Unless shown otherwise, the Court will presume that both husband and wife made a substantial financial or non-financial contribution to the acquisition of income and property while the parties were married to each other. That is to say, in a traditional case, where the wife "works" at home by raising the children, shopping for food, cleaning the house, and doing all the other things that are required to be a homemaker, the Court will normally presume that the wife's contribution, although non-financial, was equal to that of the husband.
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