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New Jersey Divorce Attorneys
While the idea of divorce is always a challenging and difficult decision, when people are sure they want to end their marriage, they need to learn as much as they can in regard to what the divorce is going to entail. In other words, if you live in New Jersey and you have come to the final decision that your marriage is over, it is extremely important to seek out the assistance of an experienced New Jersey Divorce lawyer. The reason? Because you want to be sure that you maintain your financial and emotional health and not leave anything to chance. Even when the divorce is uncontested, it often stirs up lots of trying situations that need to be handled legally and professionally. Otherwise it may impact on settlement negotiations.
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A Successful Divorce In New Jersey
If both parties involved in the divorce approach the situation amicably, it allows for couples to settle things fairly and without too much pain. A successful and amicable divorce will wind up saving a couple thousands of dollars in legal fees and save months of delays. Not only will it allow the two people involved to get on with their lives, but it also helps couples come out of the divorce with their self-respect intact. And of course when children are involved in a New Jersey divorce, an amicable arrangement means less parenting problems and less stress on the children once the divorce is finalized.
How a Divorce Is Filed in New Jersey
The process of filing a divorce in New Jersey starts with a document called the “Complaint” document, which is filed with the Court Clerk’s office, at which time it is served on the respondent. The respondent may file another pleading called an “Answer” and together the documents come before the court for determination. In New Jersey, there are many times when issues have been resolved by through attorneys or mediation, so by the time they come into court the divorce can be granted quickly. But if the divorce complaint is just the start of the action with many issues to be resolved, it could take a long time before the divorce is finalized.
Hiring a Divorce Lawyer in the State of New Jersey
If the divorcing couple has a very complex financial situation with assets, businesses, property and children, it may mean that a longer time is required to make determinations. If these issues are contested, you want to have a reputable, qualified New Jersey divorce lawyer in your corner to be sure that you are prepared for the process. The role of an attorney is very important in a New Jersey Divorce case, as he or she not only provides legal advice, but they review your agreement, prepare legal documents, make recommendations and appear with you during the hearing. To assure that the divorce process goes smoothly, anyone going through a divorce should have qualified legal representation. To determine whether the New Jersey divorce attorney you’ve chosen is right for you, consider asking them a few questions. Start by asking how many divorces they’ve handed, how they feel about mediation and what they charge. Find out how they address some of the common issues relative to child custody, child support, alimony and debt division. At Straight Divorce, the sponsored New Jersey Divorce lawyers are there to assist their clients with the filing of all litigation and therefore the New Jersey attorneys at Straight Divorce will help you by making the process simple.
New Jersey is an Equitable Distribution State
New Jersey is an equitable distribution state, which usually means that all marital property acquired during the marriage is subject to equal division. Additionally, any debt obtained during the marriage is also subject to equitable distribution. Assets subject to division include personal property, real estate, bank accounts, automobiles and pensions. All property acquired by the parties during their marriage is subject to “equitable distribution.” The purpose of equitable distribution is to make sure each couple receives fair distribution of what the parties acquired during their marriage. “Equitable” does not necessarily mean that the property will be divided in half to each of the parties. So, even if one of the parties has acquired all of the assets through earned income, the other party is still entitled to equitable distribution. It doesn’t matter who actually earned the money, as the Court distributes all property in a manner that is “equitable.”
Residency Requirements & Grounds for Divorce in New Jersey
Generally speaking, the person filing for divorce must have lived in the state of New Jersey for at least one year prior to the filing. The only exception to the one-year residency requirement is when the person filing for divorce has used fault grounds of adultery. The other party does not need to consent to the divorce, although, if they were filing under fault grounds, they would need to prove the cause for divorce in order to get a divorce. In other words, if a spouse committed adultery, the other person would need to prove this to the Court if they are filing for divorce on the grounds of adultery. After 18 months has passed, either of the parties is entitled to a divorce without the consent of the other party. In the state of New Jersey, there are several “fault” grounds and include adultery, desertion, extreme cruelty, separation, drug addiction, habitual drunkenness, institutionalization, imprisonment and deviant sexual behavior. “No fault grounds” originally entailed living separate and apart for 18 months, but as of January 2007, an additional no fault ground was added which included irreconcilable differences. In New Jersey, all that is required for divorce is a breakdown of the marriage for six months and no prospect of reconciliation.
Child Custody and Child Support in New Jersey
If the parties cannot agree about custody, in the state of New Jersey, the “best interests of the children” determine custody. In New Jersey, one party or the other will have the children in their home more than the other, but New Jersey has now moved toward the “parent of primary residence” (PPR) concept or a “parent of alternate residence” (PAR), meaning that parents should be joint custodians of their children. Children less than 18 years of age may receive child support. In instances where a child is over the age of 18, and they still attend high school, the court considers current case law and statutory law in determining whether that child will receive child support. Children are entitled to be financially supported in accordance with the economic status of each parent. In New Jersey, child support is based on Child Support Guidelines and is determined by the income of each of the parties involved in the divorce.
Finding a New Jersey Divorce Attorney
Just as it’s important to have an attorney under any legal circumstances, finding the right New Jersey Divorce attorney is no exception. Straight Divorce has a host of sponsored New Jersey attorneys that know all the ins and outs of divorce, which includes knowing the right questions to ask, having the right answers and how to tackle any of the important issues. To assure that the divorce attorneys at Straight Divorce reach the best possible outcome for their client, the sponsored divorce attorneys at Straight Divorce are prepared to do whatever it takes to make sure their clients come out ahead. When you get ready to hire a divorce attorney, Straight Divorce will help win your case.
About the Divorce Attorneys at Straight Divorce
The New Jersey divorce attorneys at Straight Divorce are ready, willing and able to guide you through the divorce procedure. To learn more, contact us to set up an appointment for a free divorce consultation with a New Jersey Divorce attorney. Everything discussed will be kept confidential and there is no obligation when you speak with one of our attorneys. When you’re ready, allow us to share our expertise regarding divorce and family law and see why scheduling an appointment with Straight Divorce will make all the difference.
Schedule an Appointment with a New Jersey Divorce Attorney
You can also fill out the free review form that will be promptly evaluated by a local New Jersey divorce attorney. Make a wise choice when you are filing for divorce; get educated about your rights. Let Straight Divorce sponsoring attorneys give you the right answers. To schedule a consultation, fill out the divorce case review and an experienced New Jersey divorce lawyer sponsored by Straight Divorce will contact you shortly.