Monmouth County Divorce Lawyers

Divorce is a significant life event that usually involves emotional and legal challenges. In Monmouth County, Sanvenero & Cittadino Attorneys at Law offers experienced legal support to help clients facing this transition. Our team is dedicated to addressing each client’s unique needs and providing robust and compassionate representation throughout the divorce process.

Understanding the steps involved and what to expect can help you make informed decisions. Let’s start by examining the basics.

What Are the Grounds for Divorce in New Jersey?

In New Jersey, divorce can be filed on fault-based and no-fault grounds. No-fault grounds include irreconcilable differences, where the marriage is deemed irreparably broken, and separation for at least 18 months. 

Fault-based grounds in New Jersey include:

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

Selecting the appropriate grounds will impact the proceedings and division of assets. We suggest consulting with a lawyer to determine the most suitable grounds based on your situation.

What Is the Process for Filing for Divorce in Monmouth County?

The process of filing a divorce begins with submitting a complaint to the Monmouth County Superior Court. This outlines the grounds for divorce and any requests related to alimony, child custody, or property division. Once filed, the complaint must be served on the spouse, who then has an opportunity to respond. 

The case may proceed to mediation or litigation based on the level of agreement between the parties. Our Monmouth County Divorce Lawyers can assist in managing these steps and handling all required documentation.

How Is Property Divided in a Divorce?

New Jersey follows the principle of equitable distribution for property division during divorce. This means that marital property is divided fairly but not necessarily equally. Factors considered in the division process include the length of the marriage, each spouse’s financial and non-financial contributions, and the future needs of both parties. 

Marital property typically includes assets acquired during the marriage, such as real estate, retirement accounts, and personal property. Separate property, obtained before marriage or through inheritance, is generally not subject to division.  

What Factors Are Considered in Determining Alimony?

Alimony, or spousal support, is determined by the length of the marriage, the standard of living during the marriage, and each spouse’s financial situation. The court may also consider both parties’ age, health, and earning capacity. 

What Is the Role of Mediation in Divorce?

Mediation involves a neutral third party, the mediator, who helps spouses agree on various aspects of the divorce, such as property division, alimony, and child custody. Mediation can facilitate amicable resolutions and may expedite the divorce process. It is less formal than court proceedings and allows for more flexible solutions tailored to the needs of both parties. 

Although voluntary mediation can lead to mutually agreeable outcomes and reduce the need for lengthy litigation, it can be done without legal representation. However, our team can help you determine if the agreements are fair and legally sound.

How Is Child Custody Determined in a Divorce?

Child custody decisions are made based on the best interests of the child. Courts consider the following:

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

Custody can be awarded as sole or joint, with joint custody involving shared responsibilities between parents. Parenting plans are often developed to detail custody and visitation arrangements. Our caring Monmouth County Divorce Lawyers handle custody issues and advocate for arrangements that support the child’s well-being.

Should I Sell My Marital Home?

Deciding whether to sell your marital home can be challenging. Consider your mortgage obligations, property value, and the impact on your children and final divorce settlement. Selling the house can simplify asset division and provide liquidity for both parties. 

However, if the home has significant sentimental value or is ideal for your children’s stability, you might choose to keep it. Assess your long-term financial stability and personal needs. We can help you make informed decisions based on your circumstances and goals.

What Are the Legal Requirements for Modifying a Divorce Agreement?

Modifying a divorce agreement, such as changes to alimony or child custody arrangements, requires a significant change in circumstances. This might include changes in employment, relocation, or substantial shifts in the child’s needs. 

The process involves filing a motion with the court to request the modification and providing evidence supporting the need for the change. The court will review the request and decide whether to alter the existing agreement. Our team can help present a strong case for modification and address any objections.

What Is the Impact of Remarriage on Divorce Agreements?

Remarriage can affect certain aspects of divorce agreements, particularly alimony. In New Jersey, alimony may be terminated or modified if the recipient remarries, as the financial support from a new spouse may change the need for continued alimony payments. However, other elements of the divorce, such as property division or child support, generally remain unaffected by remarriage. 

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

Sanvenero & Cittadino Attorneys at Law offer comprehensive support throughout the divorce process. Our team provides guidance on filing for divorce, negotiating settlements, and representing clients in court. We are dedicated to addressing each client’s unique needs and goals, offering tailored solutions to manage the complexities of divorce. Whether dealing with property division, alimony, child custody, or other issues, we are committed to delivering effective representation and support.

Protect Your Legal Rights During Your Divorce With Help From the Monmouth County Divorce Lawyers at Sanvenero & Cittadino Attorneys at Law

If you are facing divorce and need legal assistance, look no further than the Monmouth County divorce lawyers at Sanvenero & Cittadino Attorneys at Law. Our experienced divorce lawyers are prepared to guide you through every step of the process. To schedule a free consultation, complete our online form or call our 732-743-9665. Located in Red Bank, New Jersey, we serve clients in Monmouth County, Middlesex County, and Ocean County.