Joseph A. Lombardo
Divorce can be difficult for everyone involved. It is important to protect your own rights and interests in a divorce case, and it is often the case that your spouse will do the same. Because of this, divorces are best handled with the help of an experienced divorce lawyer. This is especially true when there are expensive assets to be divided, when there are children in the marriage, or when either spouse has needs that might require alimony payments.
For help with a divorce case, contact our Haddonfield divorce attorneys today. The Lombardo Law Group, LLC works to help people seek divorces that are based on the right grounds to help them with their case and that get them the property division, alimony, and child support they need. For a legal consultation, contact our Haddonfield divorce attorneys today at (609) 445-4300.
Grounds for Divorce in Haddonfield, NJ
New Jersey is a no-fault state for divorces. This means that you can get a divorce without needing to show that the other spouse did something especially wrong. However, there are still fault divorce options that might help you get the divorce faster or help put you in a better position to get the divorce filed and completed.
No-Fault Divorce Grounds
For a no-fault divorce in New Jersey, you need to show that you and your spouse have “irreconcilable differences.” This is a common standard in many states, and under NJ law, it means that you must be able to show that the marriage has essentially broken down for at least 6 months and that there is little chance of reconciling or making up. This essentially means that you must be able to show that the relationship is over, as opposed to other grounds for divorce that require more proof of wrongdoing.
If you and your spouse have been separated and living apart for 18 months or more and will not be getting back together, you can also file for divorce based on this separation instead.
Fault Divorce Grounds
For fault divorces, you have to show that you meet one of the 7 grounds for divorce listed in N.J.S.A. § 2A:34-2(a)-(c) and (e)-(h). These grounds are as follows:
- Divorce can be based on adultery if your spouse cheated on you during the marriage.
- Divorces for desertion can be filed if your spouse has willfully left your shared home for at least 12 months.
- Divorce based on “extreme cruelty” can be filed for “any physical or mental cruelty” that puts the petitioner’s health or safety at risk or other circumstances that make it unreasonable to ask the petitioner to continue living with their spouse.
- If your spouse has become addicted to drugs or alcohol and is often high or drunk, you might be able to file for divorce after 12 months.
- You can file for divorce based on your spouse’s institutionalization for a mental health condition if they have been there for 24 months.
- Similarly, you can file for divorce if they have been imprisoned for 18 months.
- Divorce can also be filed for any “[d]eviant sexual conduct” the defendant engaged in without their spouse’s consent (e.g., rape).
Talk to a lawyer about whether these grounds for divorce apply in your case. In some cases, you may want to file a no-fault divorce anyway even if these grounds apply since the proof requirement is often more lenient in no-fault cases than in fault cases. Your lawyer can help you decide what grounds to file under and how to proceed with your divorce case.
Getting Assets, Alimony, and Child Support After a Divorce in Haddonfield, NJ
In many divorce cases in Haddonfield and throughout New Jersey, the couple will have assets and money that need to be divided. Additionally, one spouse might not have the financial means to support themselves or any shared children they get custody of during the divorce case. It is important to work with a lawyer to make sure that you get the financial support you need during a divorce by having your Haddonfield divorce attorney handle any asset division, alimony, and child support issues.
When spouses get divorced in New Jersey, their assets should be divided “equitably.” Equitable division does not necessarily mean a 50/50 division, but rather means that the division should be fair and just. Instead of giving half of everything to each party, the court will decide which party gets what cut of the assets by looking at any of the following factors, plus whatever other factors the court considers relevant:
- How long the marriage lasted
- How old each party is
- Who brought income to the marriage
- The terms of any prenuptial agreements
- The couple’s standard of living
- Each party’s ability to work and earn money after divorce
- Each party’s contribution to the other’s training, education, or ability to work
- Each party’s assets and debts
Remember that this list is not exhaustive, and it is important to go over your case with an attorney.
Alimony and Child Support
Courts can award alimony or spousal support to a spouse in a divorce case if the spouse will need the additional financial support. Support orders can also be ordered to help support shared children under the spouse’s care. There are many different factors that go into deciding the amounts of these support payments, so talk to a Haddonfield divorce lawyer about how much you can expect and when you can start receiving alimony and child support.
Our Haddonfield Divorce Attorneys Can Help
If you are looking to file for divorce in the Haddonfield area or your spouse has filed for divorce against you, you need the help of an experienced Haddonfield divorce attorney to make sure that your case is handled properly and that your rights are protected. Call the Lombardo Law Group, LLC today at (609) 445-4300.
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