Red Bank Divorce Lawyers

Divorce is a complex process that can raise many questions and concerns. Understanding the intricacies of divorce law in Middletown Township can help individuals navigate this challenging time with greater clarity and confidence.

What Are the Grounds for Divorce?

New Jersey recognizes no-fault and fault-based divorces. No-fault divorce is the most common and occurs when a couple has experienced irreconcilable differences for at least six months or has been separated for at least 18 months. This option allows couples to dissolve their marriage without placing blame on either party.

Fault-based grounds, while less common, include reasons such as adultery, desertion, extreme cruelty, substance abuse, and deviant sexual conduct. When a divorce is filed on fault-based grounds, the accusing spouse must provide evidence to support their claims, which can complicate and lengthen the divorce process.

How Is Property Divided During a Divorce?

New Jersey follows the principle of equitable distribution when it comes to dividing marital property. Equitable distribution does not necessarily mean an equal split but rather a fair division based on various factors. These factors include the length of the marriage, the age and health of both parties, the income and earning capacity of each spouse, and the standard of living established during the marriage.

Marital property includes assets and debts acquired during the marriage, such as the family home, retirement accounts, and jointly owned businesses. However, property owned before the marriage or received as a gift or inheritance may be considered separate property and not subject to division. Both parties need to provide accurate financial disclosures to ensure a fair division of assets.

What Is the Process for Determining Child Custody?

Child custody is often one of the most contentious issues in a divorce. In Middletown Township and throughout the state, the court prioritizes the child’s best interests when deciding custody. There are two main types of custody: legal custody and physical custody. Legal custody refers to the right to make important decisions about the child’s upbringing, such as education, healthcare, and religious practices. Physical custody pertains to where the child will live.

Custody arrangements can be sole or joint. In sole custody, one parent has both legal and physical custody of the child, while in joint custody, both parents share these responsibilities. The court may consider factors such as the child’s relationship with each parent, the ability of each parent to provide a stable environment, and the child’s preferences if the child is of a sufficient age and maturity level.

How Is Child Support Calculated?

Child support in New Jersey is calculated using the New Jersey Child Support Guidelines, which consider both parents’ income, the number of children, and the amount of time each parent spends with the children. These guidelines are designed to ensure that the child’s financial needs are met and that the child maintains a standard of living similar to what they would have had if the marriage had not ended.

In addition to basic child support, the court may also order payments for medical insurance, child care, and other necessary expenses. It is important to note that child support is the child’s right, and parents cannot waive it. Child support payments continue until the child reaches the age of 19, but they can be extended under certain circumstances, such as if the child is still in school or has special needs.

What Is Alimony?

Alimony, also known as spousal support, is financial assistance that one spouse may be required to pay to the other after a divorce. The purpose of alimony is to help the lower-earning spouse maintain a standard of living similar to what was established during the marriage. New Jersey law provides several types of alimony, including open durational alimony, rehabilitative alimony, and limited duration alimony.

The court considers various factors when determining alimony, such as the length of the marriage, the financial needs and resources of each spouse, the age and health of both parties and the contributions each spouse made to the marriage, including non-financial contributions like homemaking and child-rearing. Alimony is not automatic and must be requested during the divorce process.

How Long Does the Divorce Process Take?

The length of the divorce process can vary significantly depending on the complexity of the issues involved and whether the divorce is contested or uncontested. An uncontested divorce, where both parties agree on all terms, can be resolved relatively quickly, sometimes within a few months. However, a contested divorce, with disputes over issues like child custody, property division, or alimony, can take much longer, potentially over a year.

The process begins when one spouse files a complaint for divorce and serves it to the other spouse. The responding spouse then has the opportunity to file an answer and counterclaim. If the divorce is contested, the parties may need to engage in discovery, mediation, or even a trial before the court issues a final judgment.

Can Divorce Settlements Be Modified?

Divorce settlements can be modified under certain circumstances. For example, if there is a significant change in circumstances, such as a substantial increase or decrease in income, a change in the needs of the children, or the relocation of a parent, the court may consider a modification of child support, alimony, or custody arrangements. However, the party seeking the modification must provide evidence of the change in circumstances and demonstrate why the modification is necessary.

It is important to note that property division agreements are generally not subject to modification, as they are considered final once the divorce decree is issued. However, if the original agreement involved fraud or misrepresentation, the court may consider reopening the case.

What Should I Consider Before Filing for Divorce?

Before filing for divorce, it is essential to carefully consider all aspects of your situation. Divorce can have significant emotional, financial, and legal implications, so being fully informed and prepared is important. This includes understanding your financial situation, considering the impact on your children, and exploring alternatives to divorce, such as marriage counseling or legal separation.

It is also important to know the legal requirements for filing for divorce in New Jersey, such as residency requirements and the need to establish grounds for divorce. Consulting with a qualified attorney can help you understand your rights and options and ensure that you make informed decisions throughout the divorce process.

The Middletown Township Divorce Lawyers at Sanvenero & Cittadino Attorneys at Law Can Assist You with Your Divorce Needs

Divorce is a life-altering event that can be overwhelming, but having a clear understanding of the legal process and the factors involved can help ease the burden. By addressing common questions and concerns, the Middletown Township divorce lawyers at Sanvenero & Cittadino Attorneys at Law can help you better navigate this challenging time and make informed decisions that will impact your future. Call us today at 732-743-9665 or fill out our online form for a free consultation. With our office located in Red Bank, New Jersey, we proudly serve all clients of Monmouth County, Middletown Township, and Ocean County.