New Jersey Divorce Lawyers
Divorce is an emotionally difficult thing to get through. The process will throw your entire life into upheaval and can leave you feeling angry, frustrated, and discouraged. This is a natural response to such a terrible event. However, you must not let your feelings prevent you from protecting your material interests.
Divorce Law in New Jersey
Like most other states, New Jersey is a no-fault divorce state. This means that neither party must shoulder the blame for the break-up of the marriage in order to file for divorce. Furthermore, the couple must have lived separately for at least 18 months prior to filing for divorce and one of the parties must be a New Jersey state resident.
Filing for Divorce
You may have tried desperately to save your marriage. You may have attempted to talk things through with your spouse, seen a marriage counsellor, or attempted to alter your living arrangements. None of these has worked, and you are at your wits end. Acknowledging that your marriage is over, that there is nothing left to sustain you, and that the two of you are happier apart than together is perhaps the hardest thing to do. But once you have done it, you should file for divorce.
The first thing you must do is retain the services of a divorce lawyer. Divorce attorney s specialize in helping people like you dissolve a marriage in a way that protects your interests.
Protecting Your Material Interests
You may have purchased a house, accumulated savings, and made other investments as a married couple. As you begin to plan your new life, you will need a material basis upon which to build it. New Jersey is an equitable distribution state. However, the court must make a determination on whether the property and assets acquired during the marriage should be divided equally.
Here are some of the many factors a judge will consider before making such a determination:
- The length of the marriage
- The income and assets that each party brought into the marriage
- The standard of living established during the marriage
- Any prenuptial contract or other written agreement between the two parties that concerns the distribution of money or other assets
- The current and projected income of each person and their capacity to earn
In addition to getting your share of the estate, you may also be awarded alimony. The latter is often awarded to the spouse that was not the primary breadwinner during the marriage. If, for example, you decided to give up your career to be a homemaker and your spouse brought in a very large income that gave you and your family a comfortable lifestyle, you may get a monthly maintenance amount that makes up for the sudden financial loss that results from the divorce.
Divorce lawyer s can also help you sort out child custody arrangements. This is often the most emotionally charged part of any divorce settlement. A divorce lawyer will help you protect your parental rights. If you and your ex are unable to work out a shared custody arrangement amicably, your lawyer will use their insight and expertise to ensure that your ability to parent your child is not disrupted by the divorce.
If there was violence in the relationship, if you have been the victim of domestic abuse, your divorce lawyer can take steps to protect you and your child from further assault and intimidation. If you are threatened with further violence as a result of filing for divorce, your lawyer can arrange for a restraining order against your partner for the duration of the divorce process.