Professional Attorneys Helping You Protect Yourself In Divorce

The best time to consult a family law attorney if you are considering a divorce is as soon as the possibility of divorce becomes real. Consulting a divorce lawyer does not mean that you have decided irrevocably to dissolve your marriage. It does mean that you are thinking ahead and doing everything you can to protect yourself during a challenging time.

The divorce attorneys at Schwartz Barkin & Mitchell provide highly professional and protective legal representation to men and women throughout Northern New Jersey. Our law firm, located in Union, is well-respected in the New Jersey legal community for its responsible approach to providing legal counsel in divorce and other family law cases. Our attorneys have more than 130 years of combined relevant legal experience, and they are talented individuals who bring compassion and energy to their work.

Our divorce lawyers are proven litigators with extensive experience handling divorce trials in New Jersey’s family law courts. However, when litigation is not the best option, our advocates are skillful negotiators who can represent clients at mediation sessions as well.

Steps Involved In The Divorce Process

The divorce process in New Jersey courts typically involves:

1. Filing the complaint: The divorce court case begins when one spouse files a complaint for divorce in the appropriate New Jersey Superior Court. They must also serve papers on the other spouse.
2. Discovery: Both parties must exchange information and documents related to their finances, assets and other relevant matters.
3. Mediation: The court may advise or order mediation to help the spouses negotiate an agreement.
4. Trial: If mediation is unsuccessful, the case will go to trial, where the court will make decisions on all contested issues.
5. Finalization: The court will issue a final judgment of divorce, officially ending the marriage and entering orders regarding property division, child custody and other issues.

Not all cases proceed in this way. In uncontested cases, for example, the parties may reach an agreement outside of court, which greatly simplifies the process.

No-Fault And Fault-Based Divorce In New Jersey

In New Jersey, a divorce may proceed on either no-fault or fault grounds. A no-fault divorce is based on irreconcilable differences and does not require proving fault on the part of the other spouse. A fault-based divorce requires proving grounds such as adultery, extreme cruelty or desertion. Fault-based divorces can influence the court’s decisions on alimony and asset distribution.

There are different requirements for fault versus no-fault divorce. With a no-fault divorce, the spouses must first live separately with no intention to reconcile for 18 months. During the 18-month separation period, the spouses can negotiate a separation agreement to govern issues relating to child support, child custody, spousal support and division of marital property until the divorce is final.

Because of the lengthy separation period required for a no-fault divorce, some couples choose to file the divorce complaint on fault grounds. Two relatively popular fault grounds for divorce in New Jersey are adultery and extreme cruelty. Interestingly, “extreme cruelty” does not have to entail physical or mental abuse. Other fault grounds for divorce in New Jersey are:

• Desertion of 12 months or more
• Addiction
• Institutionalization
• Imprisonment
• Deviant sexual conduct

The fault-based grounds for the dissolution of a civil union are similar to those for a divorce.

Understanding Child Custody And Support In New Jersey

In New Jersey, child custody and support decisions are made with the child’s best interests as the primary consideration. Custody can be categorized into two main types:

• Joint custody, where both parents share legal and/or physical custody of the child
• Sole custody, where only one parent has these responsibilities

The court considers various factors when determining custody, including the parents’ willingness to cooperate, the needs of the child and the stability of the home environment offered by each parent.

Child support in New Jersey is primarily calculated based on the New Jersey child support guidelines. These guidelines take into account the parents’ incomes, the number of children and other necessary expenses related to the child’s care. Adjustments may be made under certain circumstances.

Planning Ahead For Divorce And Your Post-Divorce Life

If you are considering divorce or legal separation, it is wise to seek legal advice as early as possible. There are steps you can take to protect yourself, in case divorce does become a certainty, without committing yourself to ending your marriage. Engaging in divorce planning is especially important for spouses who have significant assets, or complex family or financial relationships.

Divorce planning sessions can also educate you on the steps that you should take immediately once the decision to divorce is finalized. These steps can help protect your children and your property and include actions like:

• Taking physical possession of the assets you want to use during the separation period
• Freezing or closing joint accounts to protect your credit rating
• Negotiating a separation agreement to make interim provisions about property, money and children
• Filing a lis pendens on any property you or your spouse own to prevent the sale of the property during the divorce period

Divorce FAQs

What should I bring to my initial consultation with a divorce attorney?

Bring any relevant legal documents, financial statements, a list of assets and liabilities, and any specific questions you have. This will help your attorney understand your situation and provide tailored advice.

Can I modify child support or custody agreements after a divorce is finalized?

Yes. You can petition the court to modify child support or custody agreements if there has been a significant change in circumstances.

Get In Touch With Us

At Schwartz Barkin & Mitchell, we take pride in providing full-service support and legal counsel during divorce cases. To consult one of our experienced divorce attorneys, call 908-688-1644 or send us an e-mail.