Divorce and Family Law Attorneys in New Jersey
Divorce is also known as dissolution of marriage. It is a legal process in which a judge or other authority legally terminates a marriage. It restores them to the status of being single. Further it permits them to marry other individuals. A divorce and family law attorney can help you make the process simple. Hire a divorce attorney today!
Divorce in USA is governed by the laws of the individual state in which it occurs. The laws vary from state to state. Many states allow their courts to take into account the behavior of both the parties when dividing property and debts. It also includes evaluating child custody issues, and determining child and spousal support. Similarly, some states require a period of separation prior to divorce. So, hiring a local attorney be a great help in the divorce process. Talk to our divorce lawyers and make the separation process easy for you.
Here are issues that one should list while filing divorce. It includes division of property and payment of debts. In addition, it includes child custody and support, spousal support, and attorney’s fees.
Why Should I Hire Riviere Advocacy Group for my Divorce?
Our network of divorce attorneys deal with all type of family matters. Our qualified attorneys in this field of law will handle your case from start to finish. We understand that this is not an easy time in your life. So, we will do everything we can as lawyer to make the process easier on you. Talk to us now!
When you come into our office or video conference with us to discuss your case, you are free to question our attorneys about his or her past experience in handling matrimonial cases. It is important to us that you feel at ease and have confidence in our attorneys’ legal expertise, when discussing your marital problems.
First off, you will come into our office and meet one of our attorneys in person. The attorney will answer any general questions that you may have during the free consult. These subject may include:
- Possibility of solving marital problems through counseling or mediation;
- Assistance to you as a parent in meeting the needs of your children;
- Separation from your spouse; (D) Dissolving the marriage by divorce;
- Financial matters involving support, alimony, real estate and personal property;
- General court procedures;
- Procedures in the attorney’s office for handling the case;
- Financial arrangements for legal services and court costs.
In most cases our attorneys will ask you for information pertaining to the history of your marriage, information about your budget or general finances, information about past year’s income tax returns, information about insurance policies in place, information about employment benefits, information about pension plans of the parties, an itemization of your assets and liabilities, etc.
It is always a good idea to put all of the paperwork together regarding these types of information before coming into the office.
One of our attorneys will review with you and ask you to sign a fee agreement. That agreement will govern the relationship between the client and the attorney. The fee agreement will require the payment of an initial retainer. The fee agreement will apprise you of the firm’s billing methods.
A divorce doesn’t have to be a drawn out expensive process. In fact an important question to ask your attorney when choosing one, it how successful they are getting cases settled for their clients. The quicker the case the settles the less the legal fees!
One of our attorneys will review with you and ask you to sign a fee agreement. That agreement will govern the relationship between the client and the attorney. The fee agreement will require the payment of an initial retainer. The fee agreement will apprise you of the firm’s billing methods.
A divorce doesn’t have to be a drawn out expensive process. In fact an important question to ask your attorney when choosing one, it how successful they are getting cases settled for their clients. The quicker the case the settles the less the legal fees!
The fault grounds in New Jersey include:
- adultery
- willful desertion (abandonment) for at least 12 months
- physical or mental cruelty which endangers the safety or health of one spouse, or makes it improper or unreasonable to expect that spouse to continue to live with the abuser, and
- continued drug or alcohol abuse for a period of at least 12 months.
“No-Fault” is a divorce in which the cause of action is irreconcilable differences, and separation for 18-months.
If a husband and wife or partners have lived separate and apart for six months, the can either file for and obtain divorce without being required to offer any evidence of the other’s fault such as adultery or extreme cruelty.
“No-Fault” should not be mistaken for an expedited divorce. The divorce case in many instances will be contested on the issues of custody and visitation of the children, distribution of the assets, alimony, or child support.
If you are the spouse or partner initiating the divorce one of our attorneys will draft and file a legal document, called a complaint, with the court where the divorce will be heard. The complaint includes information such as the date of the marriage, children born of the marriage and the specific cause claimed as the basis for the divorce.
A copy of the complaint will be served on your spouse or partner by a process server, and he or she will then have a period of thirty-five days to answer the complaint. They will answer by admitting the allegations or denying the allegations. They may also file a legal document called a counter-claim, asking for a divorce based upon their own allegations and grounds, or they can simply ask the court to hear the financial issues.
New Jersey matrimonial law is such that your spouse does not need to agree to the divorce or sign any legal documents to have your divorce entered by the Judge. If you have the grounds for a divorce and place on the record that irreconcilable differences have existed in your relationship for six months and there is no reasonable prospect of reconciliation, the Judge will put your divorce through divorce without your spouse’s consent. This called a divorce by default.
The fault grounds in New Jersey include:
- adultery
- willful desertion (abandonment) for at least 12 months
- physical or mental cruelty which endangers the safety or health of one spouse, or makes it improper or unreasonable to expect that spouse to continue to live with the abuser, and
- continued drug or alcohol abuse for a period of at least 12 months.
Immediately contact one of our experienced divorce attorneys who will advise you of the legal consequences of the legal documents received. Under this advisement you can choose your course of action as recommended by the attorney.
A divorce proceeding will have life span which depends on many things including how far apart the divorcing parties are from agreeing on key issues, as well as, the volume of cases in the county where the matter is filed.
One of our experienced attorneys can give you insight about the time it will likely take to get your divorce completed. Generally speaking if both spouses have agreed on all the issues in the divorce, a final court date will usually take three to four months. If all or any aspect of the case are contested (that is, not agreed upon), a final decision may take up to two years.
“No-Fault” is a divorce in which the cause of action is irreconcilable differences, and separation for 18-months.
If a husband and wife or partners have lived separate and apart for six months, the can either file for and obtain divorce without being required to offer any evidence of the other’s fault such as adultery or extreme cruelty.
“No-Fault” should not be mistaken for an expedited divorce. The divorce case in many instances will be contested on the issues of custody and visitation of the children, distribution of the assets, alimony, or child support.
While your case is pending, the attorneys will collect and exchange information concerning all the various issues which are in dispute.
A very important part of this process will be your obligation, as well as your spouse’s, to collect documents and provide financial information to the Court and to one another.
Once the information has been gathered and exchanged by the parties, the attorneys will attempt to negotiate a legal document called a property settlement agreement which spells out the division of marital property and other financial matters. Negotiations concerning the property settlement agreement may be directly between the attorneys for the parties or in a series of meetings with your spouse and his or her attorney.
If an agreement is reached and signed by both parties, the agreement will then be submitted to the court for approval and made part of the Final Judgment of Divorce.
In the time between when your case is first filed and the time you will actually get a divorce, there will in many cases be any number of matters which require temporary (Pendente Lite) decisions by the Court. Pendente Lite decisions are made upon written application (you will hear your attorney call this a Motion) to the Court supported by sworn statements (Affidavits) by you and any witnesses that may support your position. After the motion is filed your attorney will appear in court for the purposes of arguing the Motion, the court will not normally take testimony from you or any of your witnesses.
Pendente Lite decisions generally cover:
- Temporary Custody and Time Sharing Issues;
- Restraints on the dissipation of assets;
- Payment of direct expenses for Shelter (Schedule “A”) and Transportation (Schedule “B”);
- Direct Support (Alimony and/or Child Support) (Don’t forget to address the taxability of any alimony or unallocated payments);
- Maintenance of medical and life insurance;
- Payment of unreimbursed health care costs;
- Payment of marital liabilities;
- Sole possession of marital home;
- Sole possession of certain vehicle(s);
- Maintenance of other assets (e.g., rental or shore properties);
- Production of discovery (if requirements of R. 1:6-2(c) have been met);
- Appointment of Experts and Payment of their fees
- Counsel Fees (both as to the motion and a pendente lite award)
Alimony and child support are calculated and decided differently from one another. Alimony is the amount of support which you personally will receive or which you may have to pay for the support of your spouse. Child support is the amount of support which is allocated to the children and their needs.
A. Alimony: The length of time your receive alimony and amount of the alimony likely will be an issue in your case. Alimony may be permanent (until death or remarriage) or for a fixed term of years depending upon the facts of your case. Generally alimony will be based on:
- The Actual Need and Ability of the Parties to Pay
- The Duration of the Marriage
- The Age, Physical and Emotional Health of the Parties
- The Standard of Living Established in the Marriage and the Likelihood That Each Party Can Maintain a Reasonably Comparable Standard of Living
- The Earning Capacities, Educational Levels, Vocational Skills, and Employability of the Parties
- The Length of Absence From the Job Market and Custodial Responsibilities For Children of the Party Seeking Maintenance
- The Time and Expense Necessary to Acquire Sufficient Education or Training to Enable the Party Seeking Maintenance to Find Appropriate Employment, the Availability of the Training and Employment, and the Opportunity for Future Acquisitions of Capital Assets and Income
- The History of the Financial or Non-Financial Contributions to the Marriage by Each Party Including Contributions to the Care and Education of the Children and Interruption of Personal Careers or Educational Opportunities
- The Equitable Distribution of Property Ordered and Any Payouts on Equitable Distribution, Directly or Indirectly, Out of Current Income, to the Extent This Consideration is Reasonable, Just and Fair
- Any Other Factors Which the Court May Deem Relevant.