Hackensack Divorce Lawyer
People generally do not consider the possibility of divorce when choosing to marry. This is why divorce is one of the most challenging and stressful experiences someone can face. While divorce is never easy, there are steps you can take to make the process less overwhelming.
Working with an experienced, understanding Hackensack divorce lawyer could be one of the most important choices you make when it comes to divorce. A dedicated family law attorney can help guide you through the process so that you understand your rights and can work towards a fair and equitable settlement.
What are the Laws on Filing for Divorce?
Divorces in Hackensack are based on state law. To file for divorce in New Jersey, either spouse needs to have been a bona fide resident of New Jersey for at least one year prior to filing for divorce. This means continually residing in New Jersey, not just having a New Jersey address. The only exception to this residency requirement is cases where a spouse chooses to file for divorce based on adultery.
A spouse can file for a no-fault or fault-based divorce. In cases of no-fault divorce, a spouse files for divorce based on grounds of irreconcilable differences. There is no proof of fault required. The spouse just needs to assert that they believe the marriage to have broken down for a period of at least six months with no reasonable prospect of reconciliation. In fault-based divorce, a spouse must prove that their spouse is at fault for the divorce. This means proving things such as adultery, extreme cruelty, or habitual alcohol or substance abuse. Proving fault substantially complicates the divorce process. Accordingly, the vast majority of spouses choose to file for no-fault divorce to simplify the process and focus on issues such as alimony, child custody, child support, and dividing property and debts.
Important Considerations
While each divorce is unique, there are common, important considerations in divorces.
Child Custody
If there are children involved, spouses’ primary concerns are those affecting their children. Unfortunately, when parents get divorced, everything changes, including how they must parent their children in a family that is no longer intact.
There are two components to child custody – legal custody and physical custody. Either or both can go to only one parent, or jointly to both parents, jointly depending on the unique circumstances of every case.
Legal custody is the right and responsibility to make major decisions impacting the welfare of the child, such as educational decisions, healthcare decisions, and enrollment in extracurricular activities. There can also be important religious or cultural considerations that play a role in defining the parameters of legal custody.
Physical custody, or residential custody, generally refers to where the child resides and how much time will be spent with each parent. Sole physical custody is where the child resides with one parent and does not have any physical time with the other parent. This is very rare. The Court generally favors joint physical custody arrangements where a child either resides primarily with one parent. When a child will spend nearly equal time with both parents, joint custody the parents may receive joint custody. However, it is important to remember that not being granted joint custody does not mean a parent does not have the right to see their child. Courts can order sole physical custody with the other parent having visitation rights, or have the child spend equal time with each parent going between the parents’ residences.
The Court prefers divorcing parents to negotiate and agree upon a parenting plan. If the parties cannot reach an agreement, the Court will make a custody determination for them based on the best interests of the child.
Our seasoned Hackensack attorneys can work closely with you to help you create a parenting plan that works for you and your family. We can help you negotiate with your former spouse while drafting the terms of the parenting plan. If we are unable to reach an amicable resolution outside of court, we are prepared to advocate for you in court.
Child Support Obligations
New Jersey requires every parent to contribute to the financial support of their children. The goal of child support is for the parents to financially provide for the children as if the parents were continuing to live together. In making child support determinations, the Court considers the parents’ incomes, parenting time arrangements, the needs of the children, and other factors.
Our experienced legal team can help you address all your child support concerns by negotiation or by advocating for you in court.
Alimony Obligations
New Jersey permits alimony awards in appropriate cases. Alimony is intended to keep the supported spouse at a standard of living that is reasonably similar to the standard of living they had during the marriage, but within the means of the paying spouse to pay without sacrificing their own right to the standard of living during the marriage. The Court will consider factors such as the lifestyle enjoyed during the marriage, the spouses’ incomes and earning potential, and the division of assets between the spouses.
Our dedicated Hackensack attorneys can help pursue a fair and equitable alimony arrangement by negotiation or by advocating for you in court.
Division of Assets and Debts
One of the hardest parts of a divorce is trying to divide a couple’s marital assets and debts. This process is called equitable distribution. This means that assets and debts are divided fairly and equitably, but not necessarily equally. That said, settlement agreements or court decisions often require equal division. Our experienced legal team can help you carefully and fairly divide real estate, vehicles, personal property, retirement accounts, investment accounts, and any other assets in the marriage. We can also assist with a fair and equitable division of debt arising from the marriage.
Existence of Prenuptial and/or Postnuptial Agreements
Some couples do contemplate the possibility of a marriage ending in divorce. These couples often address this possibility by entering into prenuptial or postnuptial agreements. These agreements predefine what is supposed to occur on many financial issues in case of divorce. The Court generally enforces these kinds of agreements and will expect the parties to follow them carefully to dictate the divorce process.
Our dedicated attorneys can review any prenuptial or postnuptial agreements, evaluate how they will impact your divorce, and protect your rights under these agreements.
Call a Hackensack Divorce Attorney for Help
When it comes to divorce, there are many important aspects that you cannot afford to overlook. Divorce can be intimidating and overwhelming, but having an advocate who works with you throughout the divorce process can make the experience a little easier.
Working with an experienced divorce lawyer is also an important part of making sure you understand your rights and options. This requires a dynamic, dedicated approach to helping you understand the different aspects of divorce.
If you are facing divorce or have questions about how divorce might affect you and your family, contact an experienced Hackensack divorce lawyer to see how they can help you navigate the complexities of divorce. Call today for a free consultation.
