Divorce Lawyer in Freehold, NJ

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.