Divorce Lawyer in Freehold, NJ

Helping Clients File For Divorce in Monmouth County 

In New Jersey, the court will grant a divorce if any of the grounds for divorce, such as irreconcilable differences, are met. This means that you can obtain a divorce if your marriage has issues that cannot be resolved. 

Before you can finalize your divorce, you will have to resolve certain issues with your spouse, including:

•  Child support
• Child custody
• And the equitable distribution of your marital property

These issues can be resolved between you and your spouse out of court, which is a less adversarial and less expensive process. If mediation cannot be arranged or no agreement can be reached, the court will resolve these issues in divorce litigation. 

My firm can be your guide through all phases of the divorce process. As your divorce attorney in Freehold, NJ, I can fully explain to you what to expect from the legal proceedings you are preparing for and provide the counsel you need to conclude the process successfully.

Divorce Process in New Jersey

In New Jersey, obtaining a divorce is relatively straightforward but can be complicated if contested issues such as custody or division of assets exist. To begin the process, an individual must file a Complaint for Divorce with the Superior Court in New Jersey. The complaint will explain the grounds for divorce and the requested relief. The Court will then issue a Summons that must be served on the other party, who must answer and file an Answer to Divorce Complaint within 35 days. If the other party does not answer, they can enter a Default Judgment against them.

Next, both parties may go through Alternative Dispute Resolution or ADR. This is a process where both parties will meet with an experienced mediator to try and reach an agreement on the terms of their divorce. If successful, this proposal can be submitted to the Court for approval. However, if no agreement can be reached through ADR, the matter may proceed to trial.

At trial, both parties will present evidence to the Court, and the Court will then decide on a ruling. This ruling will include how assets are to be divided, alimony or child support payments that may need to be made, and any other issues of contention. If either party disagrees with the terms of this decision, they have 30 days to file an appeal. Once all appeals have been exhausted and the decision has been finalized, the Court will issue a Final Judgment of Divorce that must be filed with the County Clerk.

After this, both parties may move forward to begin their lives separately. It is important to note that any agreements made during ADR or trial, such as alimony or division of assets, must be carried out. If either party fails to do so, the other may be able to pursue legal action against them.

Is New Jersey a Community Property State?

When it comes to divorce, New Jersey is not a community property state. New Jersey courts use equitable distribution when dividing assets between spouses. 

New Jersey courts generally divide assets by the following factors:

• Marriage duration
• The marital standard of living
• Economic circumstances of each party

New Jersey courts have setup asset division in the fairest way possible that they deem to be.

Is New Jersey a No-Fault Divorce State?  

New Jersey is a no-fault divorce state, meaning neither party must prove fault or misconduct for a court to grant a divorce. Instead, either party can initiate a divorce for "irreconcilable differences" or separation for at least 18 months. During a no-fault divorce, the court will consider both parties rights and interests when making decisions about the equitable distribution of marital assets and debts, alimony payments, and child custody arrangements. When both parties agree on the divorce terms, a judge may grant an uncontested divorce. A contested divorce may require additional court proceedings if the spouses cannot agree on all relevant matters. 

Fault-Based Divorce

Fault-based grounds for divorce in New Jersey include:

• Extreme cruelty
• Adultery
• Desertion
• Addiction to a narcotic or other controlled substance
• Institutionalization for mental illness
• Imprisonment for 18 or more months
• Deviant sexual conduct

Contested vs. Uncontested Divorce in New Jersey

Contested and uncontested divorces represent two distinct paths in the realm of legal dissolution. In New Jersey, as elsewhere, understanding the differences between these approaches is crucial for individuals navigating the complexities of divorce.

• In a contested divorce, spouses don't see eye to eye on significant issues, such as asset division, child custody, or alimony. This often leads to court intervention, where each party presents their case, and a judge ultimately decides on the terms of the divorce. The process is typically more time-consuming, emotionally taxing, and expensive.
• Conversely, an uncontested divorce occurs when both parties agree on the fundamental aspects of the separation, creating a more streamlined process. This amicable agreement can encompass various factors, including property division, spousal support, and child custody. Uncontested divorces generally proceed more quickly and cost-effectively, fostering a less adversarial atmosphere.

Choosing between contested and uncontested divorce depends on the unique circumstances of each case. While uncontested divorces tend to be less contentious, they may not be feasible in situations involving substantial disagreements. Seeking legal counsel in New Jersey can provide valuable insights, guiding individuals toward the most suitable approach based on their specific needs and circumstances.

Contact Our Divorce Attorney in Freehold, NJ Today

At the Law Offices of Ryan E. Gilbert, LLC our family lawyer can offer:

• 19 Years of Experience
• Competitive Rates
• Proven Track Record
• Honest & Practice Representation
• Easy access at all times to attorney, electronic files, and documents

We understand that divorce can be a very stressful and difficult time for many. It is our goal to guide you through this process which can be very complicated at times. 

My representation can include:

• Careful review of your case
• General idea of what to expect
• Information about your options
• Guidance through the divorce process