Monmouth County Divorce Lawyers

Divorce is a major life transition, often accompanied by emotional and legal hurdles. At Sanvenero & Cittadino Attorneys at Law, we provide skilled legal support to guide you through this challenging time. Our attorneys are committed to addressing each client’s unique circumstances, ensuring strong and empathetic advocacy throughout the divorce process. A clear understanding of the divorce process can help you make informed choices.

What Grounds Are Available for Divorce in New Jersey?

In New Jersey, you can file for divorce based on either fault or no-fault grounds. No-fault grounds include irreconcilable differences, indicating that the marriage has broken down beyond repair or living separately for at least 18 months.

Fault-based grounds include:

• Adultery
• Desertion
• Extreme cruelty
• Substance abuse
• Institutionalization
• Imprisonment
• Deviant sexual behavior

Choosing the right grounds for divorce can influence the outcome of your case, particularly in terms of asset division. Consulting with a knowledgeable Middlesex County divorce lawyer can help you decide which grounds best apply to your situation.

How Do You File for Divorce in Middlesex County?

Initiating a divorce involves filing a complaint with the Middlesex County Superior Court. This complaint details the grounds for divorce and any requests regarding alimony, child custody, or property division. After filing, the complaint must be served to your spouse, who can then respond.

Depending on whether both parties agree on the terms, the case may either move toward mediation or proceed to litigation. Our Middlesex County divorce attorneys are experienced in navigating this process and will manage all necessary documentation and court submissions.

How Is Property Divided During a Divorce?

New Jersey adheres to the principle of equitable distribution when dividing property during a divorce. This means that assets acquired during the marriage are divided in a fair manner, though not necessarily equal. The court considers factors such as the length of the marriage, the contributions of each spouse, and the future financial needs of both parties when dividing assets.

Marital property generally includes anything acquired during the marriage, such as real estate, retirement accounts, and personal belongings. Assets obtained before the marriage or through inheritance are typically excluded from this division.

What Determines Alimony in New Jersey?

Alimony, also known as spousal support, is based on several factors, including the duration of the marriage, the standard of living during the marriage, and the financial situations of both spouses. The court also considers both parties’ age, health, and earning potential.

How Does Mediation Work in Divorce?

Mediation is a process where a neutral third party assists spouses in reaching agreements on various issues, such as asset division, spousal support, and child custody. Mediation often leads to amicable solutions and can speed up the divorce process. It offers a less formal alternative to court proceedings and allows for customized resolutions that meet the needs of both spouses.

While mediation can be conducted without legal representation, our attorneys can review agreements to ensure they are equitable and legally sound.

How Is Child Custody Decided in a Divorce?

Child custody decisions are made with the child’s best interests in mind. Courts consider factors such as:

• The relationship between the child and each parent.
• The ability of each parent to meet the child’s needs.
• The child’s own preferences, depending on age and maturity.

Custody may be granted as sole or joint, with joint custody involving shared responsibilities between the parents. Parenting plans are often created to outline the details of custody and visitation arrangements. Our compassionate Middlesex County divorce attorneys are skilled in handling custody matters and advocating for arrangements that benefit the child.

Should You Sell the Marital Home?

The decision to sell your marital home can be complex. It’s important to weigh factors such as your mortgage obligations, the property’s value, and how the decision might affect your children and the final settlement. Selling the home can simplify asset division and provide financial resources for both parties.

However, if the home holds sentimental value or is crucial for your children’s stability, you may choose to retain it. When making this decision, it’s important to consider your long-term financial stability and personal needs. Our attorneys can guide you through this process to help you reach a decision that aligns with your goals.

What Are the Requirements for Modifying a Divorce Agreement?

A divorce agreement must be modified if circumstances substantially change, such as changes to alimony or child custody. This could include changes in employment, relocation, or significant changes in a child’s needs.

The modification process involves filing a court motion and providing evidence supporting the requested changes. The court will then review the motion and decide to amend the existing agreement. Our team is experienced in presenting strong cases for modification and can help you navigate this process.

How Does Remarriage Affect Divorce Agreements?

Remarriage can impact aspects of a divorce agreement, particularly alimony. In New Jersey, alimony may be adjusted or terminated if the recipient remarries, as the financial support from a new spouse could alter the need for continued alimony. Other parts of the divorce, such as property division and child support, are generally unaffected by remarriage.

How Can Sanvenero & Cittadino Attorneys at Law Assist with Your Divorce?

Sanvenero & Cittadino Attorneys at Law offers comprehensive support throughout the divorce process. Our team is prepared to guide you through filing, negotiating settlements, and providing representation in court. We are dedicated to understanding and meeting each client’s unique needs, delivering tailored solutions for the complexities of divorce. We are committed to providing effective legal representation, whether dealing with property division, alimony, child custody, or other issues.

Protect Your Rights During Divorce with Help from the Middlesex County Divorce Lawyers at Sanvenero & Cittadino Attorneys at Law

If you are considering divorce and need legal guidance, the Middlesex County divorce lawyers at Sanvenero & Cittadino Attorneys at Law are here to help. Our experienced attorneys are ready to assist you through every stage of the process. To arrange a free consultation, complete our online form or call us at 732-743-9665. Located in Red Bank, New Jersey, we serve clients in Monmouth County, Middlesex County, and Ocean County.