Divorce can involve legal and emotional issues, both of which you would need to address before your marriage ends. While hiring a divorce lawyer may not eliminate the potential difficulties, it can help protect your legal interests. Getting legal help may even reduce the possibility of ending up in court. It helps to know what lies ahead of you and to realize that you have an experienced Ocean County divorce lawyer in your corner.
Whether you choose to get a divorce is an issue that is entirely personal to you. Nobody else can tell you whether you should remain in your marriage or opt to end it and get a fresh start. You should not take this decision lightly, and you should only make it after you know of the potential legal issues involved. Divorce is a legal matter because it ends your legal relationship with your spouse.
New Jersey uses equitable distribution laws to determine which spouse gets what property. Equitable distribution does not necessarily mean a 50/50 split. You need to demonstrate certain factors that show why you deserve the share of marital property you seek.
In New Jersey, the court determines who will receive alimony based on a comprehensive analysis of various factors. Key considerations include the duration of the marriage, the age and physical health of both parties, the standard of living established during the marriage, and the earning capacities, educational levels, and employability of each spouse. The court also evaluates both parties' financial needs and liabilities, the contributions each made to the marriage (including homemaking and childcare), and any tax implications.
No single factor is decisive; instead, the court aims to ensure a fair and just financial arrangement that reflects the circumstances and contributions of both spouses throughout the marriage.
In New Jersey, custody determinations are made with the child's best interests as the primary consideration. The court evaluates several factors, including:
The court also considers each parent's fitness, the geographic proximity of the parents' homes, the quality and continuity of the child's education, and the extent and quality of time spent with the child before and after the separation. The goal is to establish a custody arrangement that promotes the child's health, safety, and welfare while maintaining strong relationships with both parents.
Yes, there are specific legal requirements to obtain a divorce in New Jersey.
First, one of the spouses must have been a resident of New Jersey for at least one year before filing for divorce, except in cases where the grounds for divorce are based on adultery.
Additionally, New Jersey recognizes both fault and no-fault grounds for divorce. No-fault grounds include irreconcilable differences, which must have caused a breakdown of the marriage for at least six months, and separation, where the spouses have lived apart for at least 18 consecutive months.
Fault grounds for divorce can include adultery, desertion, extreme cruelty, substance abuse, imprisonment, and deviant sexual conduct.
Once the grounds for divorce are established, the filing spouse must complete and submit the necessary legal documents to the court, and the divorce process will proceed through the legal system.
A divorce hearing is very rare. Most spouses will resolve their cases before it reaches the point of litigation. In most instances, they would reach a marital settlement agreement that the judge would include as part of the court order granting the divorce. The parties may negotiate an agreement without going through the courts before one file for divorce.
It takes two spouses to reach an agreement. There are times when you may see things fundamentally differently from your spouse. You may have no choice but to litigate your case, even though court hearings can be expensive and contentious.
You may not be able to reach a settlement right away. It could take months of negotiations. A divorce lawyer may recommend you attempt mediation to resolve any intractable disputes. A professional mediator can help you and your spouse talk, facilitating the process of reaching an agreement. Mediation has a high success rate, although you must approach it ready to compromise.
Every divorce is a serious legal matter. However, some divorces may be more complex, such as:
An Ocean County divorce lawyer at Sanvenero & Cittadino Attorneys at Law can help you understand some of the challenges you may face in your divorce.
When you are going through a divorce, you may be unable to anticipate issues. You may also not be able to see into the future to know what you need to negotiate now as part of the settlement agreement. While you may want to put your divorce behind you and begin again with your life, the terms that you agree to now will affect your future. Your relationship with your children and finances may be determined by what happens now.
An experienced divorce lawyer can provide objective legal advice to make it easier for you to think more clearly during a difficult time. A divorce lawyer can handle the details of your case and get involved with the day-to-day matters. Your divorce lawyer will deal directly with your spouse's attorney, exchanging proposals for resolving your case. If your divorce gets litigated in the court system, your lawyer will provide you with vigorous representation, fighting for your interests.
The Ocean County divorce lawyers at Sanvenero & Cittadino Attorneys at Law are the pragmatic and tactical attorneys you need. You can schedule a free initial consultation with one of our attorneys by calling us today at 732-743-9665 or contacting us online. Located in Red Bank, New Jersey, we serve clients in Monmouth County, Middlesex County, and Ocean County.
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