Divorce in New Jersey | Family Law Attorney | Eatontown NJ

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Eatontown Divorce Attorney

Experienced Eatontown Divorce Attorney

Divorce attorneys, good ones at least, understand how difficult divorce is on families. Our divorce attorneys work to resolve the legal issues of your divorce while helping to lay the groundwork for both parties to start their new lives apart. Our Eatontown divorce attorneys feel that it is crucial to fight hard if needed but not destroy the family in the process. Your situation may require a divorce lawyer with experience in high asset value divorces, child custody, or child support issues. No matter the specifics of your case, our family law attorneys can help you.

Selecting the right divorce lawyer for your case may be the best thing that you can do for your family. Call or chat with the divorce attorneys at Andres Mejer Law today. We are the right choice.

What Grounds for Divorce Exist in NJ?

In New Jersey, no-fault divorce requires 18 months of separation and apartness, suggesting no realistic hope of reunion. Note that the NJ courts call it divorce “dissolution.” The following are fault grounds for divorce in New Jersey:

  • Differing opinions. If the parties have been living together for six months or longer, they may apply for divorce
  • Physical and mental abuse
  • Adultery
  • Desertion
  • Adverse desertion
  • Intoxication or habitual drug abuse
  • Imprisonment
  • Institutionalism
  • Sexual deviance
  • Divorce from bed and board, which may subsequently be changed to a divorce decision.

This remedy may be changed into a divorce action by either party.

What Legal Options Are Available to Me?

Divorce may be contested or uncontested under New Jersey law. Other choices, such as legal separation or annulment, are available to you in addition to divorce in certain situations. ADR and divorce mediation are additional options for resolving divorce and separation problems swiftly and effectively — without the need for judicial participation. Divorce attorneys in Eatontown may examine the facts and circumstances of your case. They may also assist you in determining your preferences.

What is Uncontested Divorce?

It’s never simple to end a marriage. Even if you and your husband were already legally separated, the finality of divorce might be devastating. However, when both parties agree on the divorce conditions, a lot of the emotional weight is lifted. Our divorce lawyers can assist in defusing tense situations and preserving the peace at a difficult period.

Both parties must agree on child custody, spousal support, and asset distribution in an uncontested divorce. Your divorce lawyer will transform your agreed choices into a marriage settlement agreement. When you and your spouse complete creating the marital settlement agreement, a judge must analyze your terms.

Uncontested divorces are usually the cheapest and fastest. It may also be less damaging to children’s relationships.

Even if your spouse doesn’t contest the divorce, divorce attorneys can ensure the terms are fair for both parties. Call 888-695-6169 to schedule a free consultation with a divorce lawyer from Andres Mejer Law.

What is Contested Divorce?

Most individuals anticipate a contested divorce when they consider divorce. In general, if one party has a divorce lawyer, the other should get one from Andres Mejer Law. Our divorce lawyers are recognized for their firm yet fair approach to family law.

A contested divorce occurs when the parties cannot agree on the terms of the divorce. To resolve disputes like spousal support or property distribution, a court must intervene. Divorce lawyers advise clients to document whatever agreements they reach before arranging a court date.

You and your spouse will save time and money if you avoid family court. If you can’t resolve your difficulties, you may prevent costly court expenses by working with a divorce lawyer. Family law divorce attorneys may be able to help both parties reach an agreement.

What Benefits Can I Receive Under New Jersey Law?

If you are divorcing in New Jersey, you may be eligible for alimony. It permits a receiving spouse to keep the same level of life as they had throughout their marriage. In general, New Jersey courts do not use a formula to calculate alimony payments. Instead, courts weigh considerations such as:

  • Couples’ ages and health
  • Spouses’ earnings
  • Degrees of education and careers
  • Independence and self-sufficiency of each spouse

Consult with divorce lawyers in Eatontown, New Jersey, to assess alimony eligibility.

How Is Marital Property Distributed in a New Jersey Divorce Case?

In a divorce in New Jersey, each spouse is entitled to an equal share of all marital assets. Typical marital assets are:

  • Houses
  • Vehicles
  • Income
  • Stocks
  • Bonds
  • Pensions

New Jersey is a share of attention state. A ‘fair’ allocation of the marital property is thus due to each spouse. This does not imply a 50/50 split. Less often, courts consider a wide range of considerations when deciding how to divide marital assets. Either couple may reach a property settlement agreement. Both parties are bound by this arrangement, which is called a marital settlement agreement. They may resolve marital property conflicts themselves. And they do so without engaging the courts directly.

Filing Your Divorce

In New Jersey, the plaintiff must file in the county where the divorce proceedings occurred. For example, if the spouses have been separated for 18 months, the divorce is filed in the county where the plaintiff resided during or after that period.

If one spouse abandoned the other for 12 months, the complaint is filed in the county where the deserted spouse last resided. If you lived outside of New Jersey when your marriage broke down, you might file in the county where you currently reside.

Find your local court by visiting the NJ Courts website and selecting “Courts.” Select your county to find out more about your local court. When you’re ready to file, expect to pay a filing fee. The New Jersey Courts website provides information on court filing costs. To avoid paying the cost, ask the court clerk for a fee waiver.

What Are Some Legal Issues I Might Face Following a Divorce or Separation?

Circumstances change in certain situations after the spouses reach a marriage settlement agreement (or after the court resolves the contested issues). The “substantial change in circumstances” test is used to amend or terminate spousal support, child support, or marital property distribution. A court may alter a previously made order if it determines that there has been a meaningful change in circumstances. It’s also worth noting that there may be legal implications if you:

  • Refuse to obey a court order
  • Break the terms of a divorce settlement

How Long Does a Divorce Take in New Jersey?

How long is a divorce in NJ? No rule or legislation dictates the duration of a divorce. Before filing for divorce, spouses should stay amicable and agree on how to share their assets.

If you and your husband are agreeable and sensible, the divorce procedure may be completed in six to eight weeks. In NJ, this is an uncontested divorce.

Contrary to popular belief, contested divorces may be handled quickly and end amicably out of court rather than in a family court. Even if a divorce must be litigated in court, most divorces may be completed within a year.

Can I Divorce in NJ Without Going to Court?

As long as your partner is ready to compromise, you may both come to an equitable agreement. A separation agreement may be more of a formality than a high-stakes discussion in cases where you no longer cohabitate.

The time it takes to achieve an agreement depends on the number of problems and your spouse’s stubbornness or cooperation.

All marital property must be shared fairly (not equally). In cases of extreme economic disparity, one spouse may need to negotiate alimony with the other.

If there are children, custody, visitation, and child support must be resolved. A settlement agreement must include share pensions, life insurance, and marital debts.

Contact Eatontown Divorce Attorneys

If you are contemplating or have already filed for divorce in New Jersey, it is essential that you have experienced legal representation in your corner from the onset. The divorce process can be overwhelming, and New Jersey divorce laws and statutes change on a frequent basis. Therefore, it’s in your best interests to contact Andres Mejer Law at 888-695-6169 to consult with Eatontown NJ divorce attorney today.