Hudson County Divorce Lawyer
Going through a divorce generally heralds a change in not just your marital status, but in your entire life as well as those of your family members. Given the number of conflicts and complicated matters that are typically involved, the dissolution of a marriage can be an extremely difficult endeavor to face alone.
If you are considering divorce, consider speaking to a skilled Hudson County divorce lawyer about your case and your legal options. A skilled family law attorney could work with you to handle the various complexities of your divorce and help you think strategically about what you want from your divorce so that you could more effectively pursue a positive outcome for yourself and your loved ones.
Types of Divorce and Legal Requirements
Unlike some other states, New Jersey recognizes both contested and uncontested divorces. An uncontested divorce means that the divorce is mostly amicable and that there are no conflicts concerning the division of assets and property, debts, child custody, or alimony. On the other hand, when spouses cannot come to an agreement, it is known as a contested divorce.
New Jersey divorce law states that in order for a couple to file for absolute divorce on grounds other than adultery, at least one party to the divorce must have been a resident of New Jersey for one year prior to the initiation of divorce proceedings. In the case of adultery, it is sufficient that at least one party resided in New Jersey at the time of the infidelity and continued to do so until the commencement of the divorce action.
Grounds for a Divorce in Hudson County
As a corollary to allowing contested and uncontested divorces, New Jersey also allows for both no-fault and fault-based divorces, according to New Jersey Revised Statutes §2A:34-2. No-fault divorce is appropriate if a couple experiences irreconcilable differences with no reasonable expectation of reconciliation for at least six months, or are separated for at least 18 consecutive months, prior to filing.
Valid fault-based grounds for divorce in Hudson County include desertion for at least 12 months, adultery, extreme cruelty, incarceration, institutionalization for mental illness, habitual drunkenness, voluntary addiction to narcotics, and deviant sexual conduct. A Hudson County divorce attorney could help an individual party determine what type of divorce they should file for to achieve a result in keeping with their best interests.
Division of Debts and Assets in a Contested Divorce
New Jersey is not a community property state. Instead, NJ Rev. Stat. §2A:34-23.1 requires that a couple’s property, assets, and debts accumulated during the marriage—including a marital home, retirement and brokerage accounts, student loans, and credit card debt—be divided equitably upon divorce. It is important to remember, though, that “equitably” does not necessarily mean “evenly.”
In fact, courts consider many factors when deciding what an equitable division of assets would entail, including, among others:
- Marriage duration
- Ages and physical/emotional health of the parties
- Income and property brought to the marriage by both parties
- Standard of living established during the marriage
- Any valid prenuptial or postnuptial agreement
- Economic circumstances of each party
- Custodial responsibilities for the children
- Contribution by each party to the education or earning power of the other
Seasoned Hudson County divorce lawyers are well-equipped to help individual parties identify the assets and debts that may be subject to equitable distribution in their case and ascertain how a court might allocate them.
Talk to a Hudson County Divorce Attorney
Whether you are considering divorce or are already involved in the process, you could benefit from the extensive knowledge of an experienced Hudson County divorce lawyer. With a knowledgeable attorney by your side, you could pursue your divorce issues in the New Jersey family court system with confidence that your rights and assets are protected. Call today to get started on your case.