A Difficult Time
A divorce is not always something someone expects or plans for. If you should find yourself in that position, it is in your best interest to hire an experienced attorney who is capable of fighting for your future security and the well being of your children. The Law Offices of Joseph Lombardo has many years of experience handling divorce and child custody matters and seeking the best possible conclusion to their divorce proceedings.
In the state of New Jersey it is necessary to report grounds for divorce. It is also stated that marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. Certainly there are situations where the separation of assets and guardianship is mutually agreed upon, but as you can imagine, often this is simply not possible.
Problems often arise when discussions turn to the subjects of child custody, child support, and alimony payments. Add to this mix the intense emotions of anger, betrayal, and bitterness that are often part of the makeup of a divorce.
These emotions are capable of clouding anyone’s judgment and left unchecked, can prolong the divorce process. That is why it is important to have an attorney experienced in divorce and child custody proceedings on your side to build your case and keep the atmosphere civil while focusing on bringing the proceedings to a satisfactory outcome.
Requirements to File a Divorce in New Jersey
In order to file for a divorce in New Jersey, a claimant must meet residency and grounds requirements. It must be decided that either party was a bona fide resident of the State of New Jersey. Futher, there are certain grounds that must be proven in order for the divorce proceedings to move forward.
How Do You File for Divorce?
A request for divorce in New Jersey must meet certain grounds. These grounds must be substantiated. If you think your situation meets any of the following grounds for divorce, please contact us to discuss your matter and help build a substantiated ground for divorce.
- Extreme Cruelty
- Willful Desertion
- Deviant Sexual Conduct
- Voluntarily Addiction
- Institutionalization for Mental Illness
How Will Property be Distributed?
New Jersey is an “equitable distribution” state, meaning that the marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair. The court will encourage the parties to reach a settlement on property and debt issues otherwise the court will declare the property award. That is why it is important to have an experienced divorce attorney by your side both before and during the proceedings to ensure your interests are protected.
What about Alimony?
Divorces in New Jersey do not inherently involve support from one spouse to the other. The obligation of one of the parties to support the other financially for a temporary or permanent basis is decided on a case-by-case basis at the court’s discretion. The factors that the court uses to decide if alimony should be paid are numerous and complex. Whether you are seeking support or being sought for support, it is crucial to have an experienced attorney by your side during this process.
When children are involved in a divorce, the New Jersey courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion.
There are a number of factors that the New Jersey Court systems use when determining which parties are responsible for the financial support of a child. These factors can include what the court believes the need of the child are, the previous standard of living, all sources of income and assets from each parent, earning ability of each parent, and others. The Court can also impose its own reasons for determining the amount of child support each party to a divorce is responsible for. Again, it is crucial to have an experience divorce attorney by your side during these proceedings.
Set Up a Consultation
If you are thinking of filing for divorce, or your spouse is asking for dissolution of your marriage, we invite you to contact us, we can carefully guide you through this difficult time.
Main Office Phone: (800) 930-3241
Fax: (609) 561-3249