Getting a divorce is a stressful time for even the most agreeable break-ups. Unfortunately, New Jersey divorce cases have a reputation for being drawn-out, tiring, and full of conflict.
You need practical, understanding advocates who know when to negotiate and when to be aggressive.
The New Jersey divorce lawyers at Wiley Lavender Maknoor, PC, are the advocates you need.
They’re adept at negotiating agreements and are also skilled litigators who aren’t afraid to fight for your rights in court if that’s what’s best for you.
Our years of experience allow us to advise our clients on realistic legal remedies so that they can make the best decisions for their lives.
To speak with a divorce lawyer in New Jersey today, please contact us.
Divorce in New Jersey
Below, our divorce lawyers in New Jersey describe the types of divorce and the requirements for divorce in the Garden State.
Grounds and Residence
New Jersey has legal requirements for a divorce. Either spouse must be a resident of the state for at least a year before filing for divorce. If the cause of the divorce is adultery, you can be a resident for any amount of time.
You must also specify a reason for a divorce, or as the law calls it, grounds for divorce. New Jersey’s grounds for divorce include the following:
- Irreconcilable differences for at least six months;
- Abandonment for a year or more;
- Extreme cruelty, including physical or mental abuse;
- Separation for 18 months or more;
- Addiction to drugs or alcohol for a year or more;
- Commitment to a mental health facility for two years or more;
- Imprisonment for 18 months or longer; and
- Deviant sexual conduct.
Irreconcilable differences is New Jersey’s no-fault divorce. You don’t need to blame either spouse for the marriage’s demise in a no-fault divorce.
The remaining grounds do place blame on a spouse. You should speak with a New Jersey divorce attorney to understand which grounds for divorce are appropriate for your situation.
What Happens in a New Jersey Divorce
A divorce addresses several matters aside from the end of the marital relationship and its cause. Depending on your circumstances, a divorce will also address issues such as:
- The division of marital property and debts;
- Child custody and support, if you share children;
- Spousal maintenance or alimony; and
- Retirement plan or pension distributions.
You might think a judge will divide all marital property and debt equally. However, New Jersey is an equitable distribution state, which means that the judge can divide the property in any manner they deem appropriate and fair based on several factors.
The above issues are often what separate contested and uncontested divorces. In an uncontested divorce, the spouses agree to all the major issues listed above.
In other words, the couple has worked everything out and does not need a judge to make any decisions for them.
In a contested divorce, however, the spouses cannot or will not agree on one or more issues. Therefore, they need judicial intervention to resolve their disputes.
Our New Jersey divorce attorneys can help you negotiate a divorce settlement or litigate the divorce in court, whichever best suits your needs.
Contact Us For Additional Divorce Information
The last thing you need during this challenging time is to try to understand New Jersey’s laws and divorce procedures.
The New Jersey divorce attorneys at Wiley Lavender Maknoor, PC, have the legal expertise and will keep your needs and goals a primary focus when creating their strategy. Contact us today to get started.