The decision to divorce is a serious legal and personal one that can have a significant impact on almost all aspects of life such as finances, property, parenting and future living arrangements. Sometimes the differences themselves between the husband and the wife can be sorted out amicably, but when important matters are not agreed on, divorce proceedings can become complex.
Talking to a New Jersey Divorce Lawyer may assist you to not only be aware of your legal rights but also to be sure that you comply with court needs and to be able to make well-informed choices throughout the procedure. If you’re thinking about divorce or have been served with divorce papers, having legal counsel who’s well-versed in divorce law may help make the process easier.
New Jersey divorce lawyer discussing legal options with a client.
Familiarize Yourself with New Jersey Divorce Laws
There are certain requirements and procedures in New Jersey to obtain a divorce. To file a divorce, a spouse, usually, must have a valid legal basis for the divorce and meet the residency requirement of the state. New Jersey has a no-fault divorce system as well as fault divorce. Irreconcilable differences is a common no fault basis, in that the marriage has broken down, and there is no reasonable prospect of reconciling. Other reasons may include desertion, severe cruelty, infidelity or some other misbehavior within the marriage.
How A New Jersey Divorce Lawyer Can Help
A divorce lawyer is more than just a paper, your lawyer will be able to defend your interests in negotiations, court hearings, and settlements and can also help you draft and file divorce papers, with your spouse’s lawyer, collect financial information, reach a settlement, and attend court, if needed. While the decision on what grounds to divorce may seem simple, the legal and financial implications of divorce have the potential to be severe. A New Jersey divorce attorney can discuss the nature of your marriage and discuss what legal option might be suitable.
Attorney helping a client review divorce documents and financial information.
Property Division And Financial Matters
A major issue of divorce often is splitting assets between partners. The division of marital assets and debts in New Jersey is based upon the concept of “equitable distribution,” which does not necessarily mean equal distribution. Marital property may consist of real estate, bank accounts, retirement benefits, investments, a business or other assets that are gained during the marriage. When spouses have separate property, inheritances, business interests or assets prior to marriage, determining what constitutes marital property can become more complex.
Debt is a factor that needs to be taken into account. Other debts, such as a mortgage, credit card debt, personal loans, and others, may be covered in the divorce settlement. A divorce attorney can assist in determining the assets and liabilities of the marriage, review the financial documentation, and determine a division of assets to consider the circumstances of the marriage.
Child Custody And Support
When children are involved, divorce involves more than financial and property issues. Parents are responsible for making arrangements to cover custody, parenting time, decision making and the children’s needs. New Jersey courts strive to make decisions about custody in the best interests of the child. Parents can be legally co-parents with different parenting-time schedules, depending the circumstances. The applicable New Jersey guidelines and the financial information used to determine support obligations are generally the same. These can be issues such as parent income, parenting time, health insurance premiums, and some of the costs of parenting the child.
If parents are able to cooperate, they may be able to work together to negotiate or mediate such issues to create a parenting plan. If there is a conflict that can not be resolved, a court will have to determine the disputed issues.
Parents discussing child custody and parenting arrangements during a divorce case.
Mediation And Divorce Settlement Options
Not all divorces have to be drawn out, litigated proceedings. Mediation or negotiated settlement might be an alternative if the relationship isn’t that bad and the issues are minor. Mediation is a process conducted by a neutral third party with the goal of assisting spouses in reaching a mutually agreeable resolution of the issues they are contesting. Attorneys can also help clients at the settlement table, and advise them on any proposed settlement before it is made.
Issues which may be included in a negotiated divorce settlement include property division, alimony, parenting time, child custody, child support, and other related matters. An agreement may be able to lessen the conflict, court costs, and time spent on the case. But, fast settlement doesn’t imply an unfair settlement. A New Jersey divorce lawyer can review the proposed terms and provide guidance in determining if they leave you with enough protection of your finances or parental rights..
Divorce case documents prepared for review by a New Jersey family law attorney.
Frequently Asked Questions
Do I Need A New Jersey Divorce Lawyer?
It’s not always a legal requirement to employ an attorney. But, if you are having a divorce with a lot of assets, children, finances, business interests and/or when there is a disagreement between the parties, professional legal advice can be helpful.
Can We Settle Our Divorce Without Going To Trial?
Yes. For many couples, marriage dissolution is settled out by negotiation, mediation or other settlement procedures. When there is no agreement, there might be a need for court intervention in the end.
What Should I Bring To My Initial Attorney Consultation?
Important documents can be tax returns, bank statements, investment statements, mortgage information, retirement account statements, insurance records, debt information, and marital property and other children-related documents.
Conclusion
Divorce may bring about information and legal, financial and family issues. Being informed on your rights before making bigger decisions will help you be more confident and ready. When negotiations or court proceedings are warranted, a NJ divorce attorney can assess your situation, inform you of your choices, and work on your behalf.
If you’re facing a more comprehensive family-law issue or planning to file an appeal after your case has been decided, you may also want to familiarize yourself with the functions of family law appeals law firms, when assessing legal resources and representation for complex family-law situations.