New Jersey Divorce Lawyer
Nearly one-half of all marriages in the United States now end with divorce, and every one of these divorces requires a decree of divorce from a family court. These separations are rarely simple, and they may become contentious and emotional. People undergoing a divorce must be sure to understand their rights and obligations concerning property, children, and spousal support. Whether the divorce proceeds with an amicable settlement or goes to trial, it is essential that parties protect their best interests.
By working with a New Jersey divorce lawyer from day one, you could better protect your rights during a divorce. They can work to explain the overall process, to identify an individual’s goals, and to develop a strategy to fight to protect those goals.
The Divorce Process in New Jersey
In many ways, a divorce is like any other civil dispute between two people as both parties have rights, wants, and a resolution is necessary. To initiate a divorce, one party must file a complaint for divorce/dissolution in the local family court. For a court to have jurisdiction to decide on the case, at least one spouse must have lived in New Jersey for at least one year prior to filing the complaint according to New Jersey Revised Statute §2A:34-10.
In simpler or more amicable divorces, the two parties may have already discussed how they want the dissolution to take place. They may even have already drafted and executed a separation agreement that they want the family court to incorporate into a final divorce decree. In other cases, the parties are unable to settle the case and must petition the court to craft a final divorce order. No matter what form the divorce takes, a New Jersey divorce attorney could provide essential guidance every step of the way.
Common Issues that Arise During Divorces
A divorce represents a complete legal split between two parties. Each party retains rights and obligations that a court must resolve through mutual agreement or trial. Parties should aim to protect their rights as well as to fight to not take an unfair share of future burdens.
One of the most common points of contention in New Jersey divorces is the division of assets and liabilities. According to N.J. Rev. Stat. §2A:34-23.1, New Jersey is an equitable distribution state, meaning courts will divide property and liabilities equitably, though that is not always an even split. Marital property is anything that the couple obtained while married and it is all eligible for division.
Both parties also have the right to ask the court to impose an alimony order. These orders require one party to provide monetary assistance to the other as a way to create a fairer financial future.
Many divorcing couples also fight over the custody and care of their children. Courts must make custody and support orders in the best interests of the child, even if the parents submit a proposed parenting plan. In other situations, the parents fight over who will retain custody and what the proper amount of child support should be. A New Jersey divorce attorney could help identify a parent’s concerns in their pending divorce and develop a strategy to fight for the best interests of their family.
Reach Out to a New Jersey Divorce Lawyer Today
Divorce can be an emotionally draining experience. Parties must understand their rights under the law and implement a strong strategy for protection. For some people, this may involve coming to a mutual agreement with the other party. For others, it may require taking the case to trial in a family court.
Whether you are looking to initiate a divorce on your own, or your spouse has already taken the first step, hire a New Jersey divorce lawyer to handle the legal aspect of the case while you focus on creating your new life. An attorney could help you fight for property rights, create a fair custody plan, and dispute unjust alimony. Contact a New Jersey divorce lawyer today to schedule a consultation.