Joseph A. Lombardo
Divorce is never easy, but if you are feeling less than satisfied with the state of your marriage, you have the opportunity to act in your best interest. Unfortunately, relationships don’t work out all the time. Whether you are a victim of spousal mistreatment or just feel that you can’t coexist with your spouse any longer, divorce may be the best option for you.
The divorce process in New Jersey is complicated but the system is designed to work for you. Relationships don’t always go as expected, but there should be no surprises when you enter the courtroom. The assistance of competent and experienced New Jersey divorce attorneys can prove to make the ultimate difference at every stage.
Joseph Lombardo and the divorce attorneys at Lombardo Law Group, LLC are ready and willing to fight for you. We can ensure that your voice is heard and that you receive a fair shake if and when your day in court comes. To schedule your consultation, call our offices at (609) 418-4537.
Marital Property and Equitable Distribution in New Jersey Divorces
New Jersey is not a fifty-fifty state. If you are seeking a divorce and proceed to court, any property that is not covered within a prenuptial agreement will be divided by the court. The court makes decisions on equitable distribution based on what it deems would be fair. That does not mean that distributions will be equal.
You are wholly permitted to influence the judge’s determination through fierce advocacy, witness testimony and other evidence. This is especially important if you or your spouse is pursuing a fault-based divorce. Having one of our attorneys present through your divorce process in New Jersey can be vital for your livelihood.
Fault-Based Divorce in New Jersey
In New Jersey, a spouse who is filing for divorce due to the misconduct of the other spouse may choose to file a Divorce for Fault. In essence, this is a declaration that you must leave the marriage because the behavior of the other party makes the marriage untenable. Any of the following may be considered valid reasons for pursuing fault-based divorce:
- Physical harassment or abuse
- Emotional harassment or abuse
- Drug/alcohol abuse sustained for more than a year
- Abandonment lasting over a year
In most cases, married couples who have not been separated for 18 months and have been married for more than six months face a waiting period before they are able to commence divorce proceedings. The average divorce in New Jersey takes somewhere between six and eight weeks. However, if you are in a marriage where any of the above fault-based conditions exist and you wish to file for divorce, a fault-based divorce filing will allow you to bypass many of these waiting period regulations.
No-Fault Divorce in New Jersey
You do not need to prove fault in New Jersey in order to get a divorce. If either spouse files the Complaint for Divorce with a New Jersey court, that spouse will be able to get their divorce. Where the filing spouse does not wish to assign blame or fault, the state of New Jersey allows for no-fault divorce proceedings. A no-fault divorce is exactly what it sounds like – the couple may no longer wish to be married or feel that they are no longer able to cooperate within the bounds of the marriage any further.
You may not be able to introduce evidence of fault or mistreatment to the same degree as in a fault-based proceeding. This evidence could end up influencing the court’s determination of alimony as well as other considerations. However, a no-fault divorce avoids the need to air dirty laundry on the public record. This can be a much preferable option for married couples with children, as it can save the children much pain and embarrassment.
Divorce Mediation in New Jersey
If you feel that court isn’t appropriate for you, you may choose to try to work out a settlement agreement with your spouse in mediation or arbitration. Even though mediation doesn’t happen in a courtroom, it is still a legal proceeding in many ways. You can and should enlist the assistance of one of the competent New Jersey divorce attorneys at Lombardo Law Group, LLC for your mediation proceedings.
Post-Divorce Legal Issues in New Jersey
You may have already gone through the process of divorce, only to end up dissatisfied with the settlement or judgement, you are not out of options. New Jersey law provides you with avenues to alter or amend settlements, or even appeal judgements to a higher court.
Adjustments to divorce settlements or judgements are particularly common where there are children involved. The educational and extracurricular interests of children develop as they get older. Such developments often call for adjustments in child care, child support payments, or even the nature of the custody arrangement. All of these can be altered amicably via settlement or through the court where cooperation is untenable.
Further, your life is likely to change as time goes on. Maybe you or your spouse meet someone new and you want to make adjustments in order to continue your life. Decisions such as moving for work or moving in with a new partner can impact the livelihood of any children involved and may call for a reconsideration of your arrangements.
If you feel that your situation demands change, call our divorce attorneys and we can present you with your options.
Get Help with Your Divorce In New Jersey Today
If you are considering filing for divorce or are currently involved with divorce proceedings, you deserve the help of the dedicated New Jersey divorce law attorneys at Lombardo Law Group, LLC. Call us to set up your consultation at (609) 418-4537.
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