Divorce Lawyers Serving Bergen County and Northern New Jersey
The ending of a marriage is understandably a very stressful and emotional time for many. Often, one’s desire is simply to get the process over with as soon as possible and begin the process of starting a new life. It’s important to realize, however, that the court orders made in a final judgment of divorce do more than just dissolve a marriage; they affect property rights and custodial rights that greatly impact the lives of the divorcing couple and their children immediately and for years into the future. Now is the time to hire skilled and knowledgeable legal professionals who will make sure that you make the right choices that are best for you and your kids – not out of emotion or anxiety but with your best interests at heart. The Englewood family law attorneys at Herbert & Weiss, LLP are here to guide you through this process, make smart, well-informed decisions, and represent your interests in every aspect of your New Jersey divorce.
New Jersey Divorce Requirements
New Jersey law recognizes a number of different grounds for divorce, including extreme cruelty (physical or mental abuse), adultery, desertion/abandonment and others. Since 2007, however, couples have been able to obtain a divorce without having to prove that one of the spouses was at fault in causing the breakdown of the marriage. A no-fault divorce in New Jersey is available if the couple have lived apart in separate residences for 18 months, or if they claim they have had irreconcilable differences for at least six months. This latter no-fault ground is the most common ground for divorce in New Jersey.
In addition to claiming or proving the appropriate ground for divorce, a couple divorcing in New Jersey must also meet a residency requirement: at least one of the spouses must have been a resident of New Jersey for at least one year before filing for divorce in the state.
Help with Contested and Uncontested Divorce in New Jersey
A divorce does more than just dissolve a marriage; the court when granting a divorce will also make final orders regarding a number of different topics, including:
Division of marital property – Assets and debts acquired during the marriage are community property owned equally by each spouse, and the judge’s job is to divide that community property as equally as possible between the spouses, or in a manner that is “just and right.”
Alimony – The judge may require one party to pay alimony (spousal support or maintenance) to the other party for a period of time or even permanently to allow each former spouse to maintain the standard of living they had during the marriage. Courts may also award rehabilitative alimony to help a former spouse get on one’s feet financially or reimbursement alimony to pay back an ex-spouse for contributions made to the other’s education or career.
Child Custody – If the couple has children together, the judge must decide whether and how the parents will share physical custody of the children and the responsibility for making legal decisions regarding the children’s upbringing.
Child Support – The court will order the noncustodial parent to pay a monthly amount to the parent with primary custody to help support the children. The amount of child support is determined according to a statutory formula which serves as a guideline for the judge in deciding the appropriate amount.
If both spouses can agree on how all of these issues should be resolved, they can create and sign a marital settlement agreement that will be reviewed by a judge and if approved, incorporated into the divorce judgment. The New Jersey family law attorneys at Herbert & Weiss are skilled at finding creative solutions and can help you work with your spouse to obtain a divorce agreement that satisfactorily resolves all applicable issues in the divorce.
In the event that any issues are contested and cannot be resolved, our New Jersey divorce lawyers are prepared to represent your interests in court and advocate strongly for a result that respects your rights and meets your needs. We offer high-quality, professional advice and representation reasonably priced to give you the help you need while going through a difficult time.
Call Herbert & Weiss in Englewood for Assistance in a New Jersey Divorce
For sound advice and excellent representation in your New Jersey divorce, contact Herbert & Weiss at 201-440-6300 for a free consultation with experienced, knowledgeable and dedicated Englewood family law attorneys.