Englewood Divorce Lawyer
Expert Divorce Representation in Northern New Jersey
The termination of a marriage can be an immensely stressful and emotional period for individuals involved. Often, the primary goal is to expedite the process and embark on a new chapter in life. However, it is crucial to understand that the court decisions made in a final divorce judgment extend beyond the dissolution of the marriage itself. These orders significantly impact property and custodial rights, influencing the lives of both the divorcing couple and their children in the immediate and long-term future.
During these challenging and emotional times, having a strong support system and a competent divorce lawyer in Englewood, NJ is essential. They will navigate you through the complexities and ensure that your rights are upheld and your needs are met. From legal separation and name changes to paternity issues and legitimization, Herbert & Weiss possesses the knowledge to address your family law concerns.
Now is the opportune moment to engage skilled and experienced legal professionals who will assist you in making sound choices that are in the best interests of you and your children—decisions based on reason and careful consideration, not driven by emotion or anxiety. The adept divorce attorneys at Herbert & Weiss, LLP are here to guide you through the process, help you make informed decisions, and advocate for your interests in all aspects of your New Jersey divorce.
Contact us today at (201) 500-2151 or reach out to us online to schedule a consultation with one of our divorce attorneys in Englewood, NJ.
Most Common Types of New Jersey Divorce
The most frequently encountered types of divorce in New Jersey:
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Uncontested Divorce: In an uncontested divorce, both spouses agree on all the major issues, such as property division, child custody, child support, and alimony. This type of divorce is typically faster and less expensive, as there is no need for a trial or extensive negotiations.
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Contested Divorce: In a contested divorce, the spouses are unable to reach an agreement on one or more key issues, leading to disputes and conflicts. This type of divorce often requires court intervention and may involve litigation, negotiation, or mediation to resolve the disagreements.
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No-Fault Divorce: New Jersey allows for "no-fault" divorces, which means that a divorce can be granted without assigning blame or proving marital misconduct. The most common ground for a no-fault divorce is irreconcilable differences, indicating that the marriage has broken down irretrievably.
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Fault-Based Divorce: Although no-fault divorces are more common, fault-based divorces are still an option in New Jersey. Grounds for a fault-based divorce include adultery, desertion, addiction, extreme cruelty, imprisonment, or institutionalization due to mental illness.
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Mediated Divorce: Mediation is an alternative dispute resolution process where a neutral third party, the mediator, helps the spouses reach agreements on various divorce-related matters. The mediator facilitates communication and assists in finding mutually acceptable solutions.
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Collaborative Divorce: Collaborative divorce involves a team approach, where each spouse is represented by an attorney trained in collaborative law. The spouses, along with their attorneys, work together to negotiate a settlement outside of court, emphasizing cooperation and problem-solving.
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Default Divorce: A default divorce occurs when one spouse files for divorce, but the other spouse fails to respond within the specified time frame. In such cases, the court may proceed with the divorce based on the filing spouse's requests.
Grounds for Divorce in New Jersey
In New Jersey, there are both fault-based and no-fault grounds for divorce. Some common grounds for divorce include:
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Irreconcilable Differences: This is the most common "no-fault" ground for divorce in New Jersey. It means that there are irreparable breakdown and no reasonable prospect of reconciliation between the spouses. Irreconcilable differences can serve as the basis for a divorce without assigning blame to either party.
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Separation: If the spouses have lived separate and apart for at least 18 consecutive months, with no hope or expectation of reconciliation, it can be grounds for divorce. This is another "no-fault" ground.
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Adultery: A spouse can file for divorce on the grounds of adultery if they can provide evidence of their spouse's voluntary sexual intercourse with someone other than their spouse during the marriage.
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Desertion: Desertion occurs when one spouse willfully and without justification abandons the other for a continuous period of at least 12 months.
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Extreme Cruelty: Extreme cruelty refers to any physical or mental cruelty that endangers the safety or health of the spouse filing for divorce. It may include acts such as physical violence, emotional abuse, or habitual drunkenness.
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Addiction: If one spouse has a substance abuse problem, such as alcohol or drug addiction, that has lasted for a minimum of 12 consecutive months, it can be grounds for divorce.
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Institutionalization: If a spouse has been institutionalized for mental illness for a period of 24 or more consecutive months after the marriage, it can be a ground for divorce.
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Imprisonment: If one spouse is sentenced to imprisonment for 18 or more consecutive months after the marriage, it can be grounds for divorce.
Am I Eligible to File for Divorce in NJ?
To be eligible to file for divorce in New Jersey, you must meet certain requirements set by the state.
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Residency Requirement: Either you or your spouse must have been a resident of New Jersey for at least one year before filing for divorce. If the grounds for divorce occurred outside of New Jersey, one of the spouses must be a current resident of the state when filing.
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Valid Marriage: You must have a legally recognized marriage in order to file for divorce. This includes marriages performed in New Jersey or marriages legally recognized in another jurisdiction.
If you meet these requirements, you are generally eligible to file for divorce in New Jersey. However, divorce laws can be complex, and individual circumstances may differ. Consulting with a Englewood divorce attorney is highly recommended to ensure you understand the specific requirements and process involved in your situation.
Divorce Process in New Jersey
Our divorce lawyers in Englewood can guide you through the legal proceedings, help you gather the necessary documentation, and advocate for your rights and interests throughout the divorce process in New Jersey.
The divorce process in New Jersey typically involves several steps which typically include:
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Filing the Complaint: The divorce process begins with one spouse filing a Complaint for Divorce in the Superior Court of New Jersey. The Complaint outlines the grounds for divorce and any specific requests regarding child custody, child support, alimony, and property division.
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Serving the Complaint: After filing the Complaint, the spouse initiating the divorce (the "plaintiff") must serve the Complaint and accompanying documents to the other spouse (the "defendant"). Proper service ensures that the defendant is aware of the divorce proceedings.
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Response and Counterclaim: The defendant has a specified period of time to file a formal response to the Complaint. The response may include a Counterclaim if the defendant has additional requests or grounds for divorce.
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Discovery Process: Both parties engage in the discovery process, which involves gathering information and documents related to the divorce. This may include financial statements, asset and debt disclosures, and other relevant records. Discovery methods can include written interrogatories, requests for production of documents, depositions, and more.
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Negotiation and Settlement: The spouses, along with their respective attorneys, attempt to negotiate a settlement agreement that addresses all relevant issues. This includes child custody and visitation, child support, alimony or spousal support, and the division of assets and debts. Mediation or collaborative law processes can be used to facilitate agreement.
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Court Proceedings: If a settlement is not reached, the case may proceed to court. The court will schedule hearings to address unresolved issues and make decisions regarding child custody, support, alimony, and property division. Each party presents their arguments and evidence to the court.
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Judgment of Divorce: Once all issues are resolved, either through settlement or court decisions, the court will issue a Judgment of Divorce. This document officially terminates the marriage and may incorporate the agreed-upon terms or the court's decisions regarding child custody, support, alimony, and property division.
Guidance for the Whole Divorce Process
At Herbert & Weiss, LLP in Englewood, NJ, our team of dedicated divorce lawyers is committed to guiding you through the complexities of your case. We understand that divorce can be an emotional and challenging process, which is why we provide realistic expectations and work hand-in-hand with you as a team. Whether through skilled negotiation or assertive courtroom representation, we do not shy away from advocating for your interests. Our priority is to create a tailored strategy that aligns with your goals, delivering the resolution and results you deserve. No matter how complex your case may be, you can trust us to keep you fully informed every step of the way. We are here to support you and ensure your voice is heard.
Reach out to our Englewood divorce attorneys today at (201) 500-2151 or contact us online to discuss your options!
Client Testimonials
Fighting for the Best Interests of You & Your Loved Ones
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"Thank you, Helene and office staff, for your excellent work"I recently had the pleasure of working with Helene Herbert, a highly skilled and knowledgeable lawyer. She was instrumental in drafting a prenuptial agreement for me prior to my marriage. Throughout the entire process, Mrs. Herbert, displayed a high level- Anonymous
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"Thank you for your tireless support of me, through drying of tears, feeding my body and soul with your words and giving of your time."In times where all hope was lost and fear was all-encompassing, you have unconditionally paved the way with an angelic light, open heart and indomitable courage!! You are eternally in my heart and revered by me in so many ways!!- L.Z.
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"Competent and Intelligent Women"Thank you all for investing in me and explaining the process going forward. It is very comforting to know that my interests are in the hands of competent and intelligent women.- L.G.
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"Great Advice and Expertise"Thank you so, so much for all of your help this year. I am so grateful for all of your great advice and expertise!- E.V.
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"Knowledge and Fortitude"After having hired two other firms to represent me in my highly contentious divorce, I felt dejected and financially drained without an end in sight. Out of desperation to protect my children, I sought out another firm to represent me and was referred to H- K.M.
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"Understanding and Supportive"Helayne Weiss represented me in my divorce proceedings, and throughout, both her legal advice and personal relationship with me was nothing short of outstanding. My goal was that of a speedy resolution to the divorce and Helayne made it happen.- E.K.
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"Professional and Knows What Is In Your Best Interest"I met Helayne Weiss and Helene Herbert when I was at the lowest part of my life and figured there was no one who could help me with my legal issues pertaining to my divorce.- P.P.
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"Smart, Caring, Supportive, and Professional"Thank you for being the smartest, caring, supportive, professional lawyer EVER!!- M.K.