Freehold Divorce Lawyer

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. 

What Are the Grounds for Fault-Based Divorce in New Jersey?

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

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.

Common Mistakes People Make When Getting a Divorce

Divorce can be a complicated and emotionally charged process, leading many individuals to make critical mistakes. Understanding these common pitfalls and how a divorce attorney can help you avoid them ensuring a smoother and more favorable outcome.

Common Divorce Mistakes include:

• Not Understanding Legal Rights and Obligations: Many individuals enter divorce proceedings without a clear understanding of their legal rights and obligations, which can lead to unfair settlements.
• Failing to Disclose All Assets and Debts: Honesty and transparency are crucial during divorce. Failing to disclose all assets and debts can lead to legal repercussions and an unfair distribution of assets.
• Ignoring Tax Implications: Divorce can have significant tax implications. Ignoring these can result in unexpected financial burdens post-divorce.
• Making Emotional Decisions: Divorce is an emotional process, but decisions driven by anger, fear, or sadness can have long-term financial and personal consequences.
• Inadequate Attention to Child Custody and Support Agreements: Insufficiently considering child custody and support agreements can lead to arrangements that are not in the best interests of the children.
• Underestimating the Importance of Legal Advice: Attempting to navigate divorce without professional legal assistance can result in overlooking crucial details and rights.

How a Divorce Attorney Can Help You Avoid Mistakes

Retaining the services of a knowledgeable divorce attorney can be instrumental in helping individuals circumvent common mistakes during the divorce process. An experienced attorney ensures that clients fully understand their legal rights and obligations, reducing the likelihood of unfair settlements. They also stress the importance of full disclosure of all assets and debts, thereby promoting transparency and fairness in asset distribution.

By addressing potential tax implications, a divorce attorney can help avoid unexpected financial burdens. Additionally, they provide objective guidance, helping clients make sound decisions free from emotional biases. Importantly, a divorce attorney pays close attention to the nuances of child custody and support agreements, prioritizing the best interests of children involved. Ultimately, their expertise and detailed attention help safeguard clients' rights and foster more favorable outcomes in divorce proceedings.

Contact Our Divorce Attorney in Freehold, NJ Today

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

• over 25 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