Edison Divorce Lawyer

Filing for Divorce in New Jersey

There are many technical aspects to beginning a divorce in New Jersey. From meeting certain residency requirements to filling out necessary paperwork, filing for divorce isn’t without its complications:

• Requirements for filingTo file for divorce in New Jersey, at least one spouse must have lived in the state for at least 12 consecutive months (although there are a few exceptions). If filing on the grounds of “irreconcilable differences,” you and your spouse must have experienced problems for at least six months. 

• Determine grounds for divorceNew Jersey allows for multiple grounds for divorce (explained in more detail below). Selecting the right grounds, however, is important as they will impact the overall legal process. Legal counsel from an experienced Edison divorce lawyer is advisable to help you feel confident in your selection. 

• File official complaintThe official complaint for divorce form requires specific, detailed information such as your grounds for divorce. In addition to the official complaint, there are other forms that must be filed with your local court system. However, it can take weeks or months of preparation before you can actually file. 

• Serve papers to your spouseAfter you file, you must also properly service your spouse. There is a strategy to consider at this step as how and when you file and what you initially allege and ask for can impact how your spouse responds, dictating how quickly your divorce can be resolved.

An experienced Edison divorce lawyer at Bhatt Law Group can help you learn more about filing for divorce and guide you through the complicated process. 

Types of Divorce in New Jersey

While each divorce might have similar issues, no two divorces are ever the same. In New Jersey, you can file for a no-fault or fault divorce. A no-fault divorce means that you and your spouse are not assigning blame for the end of your marriage, but rather citing “irreconcilable differences” (not being able to get along) as the grounds for divorce.

A fault divorce is quite the opposite. In a fault divorce, you or your spouse make fault-based (misconduct) allegations against each other, stating that one of you was the reason the marriage failed. A fault divorce normally lasts much longer than a no-fault divorce.  

Your divorce may also be contested or uncontested. In an uncontested divorce, you and your spouse agree on all issues to effectively terminate the marriage. It’s normally finalized much faster than a contested divorce. In a contested divorce, your spouse may disagree that the marriage should end or, more commonly, disagree with how certain issues like alimony or child support should be resolved. A contested divorce can quickly become a long, painful process.

Whether you know what type of divorce you’ll be dealing with or not, it’s essential to have an experienced Edison divorce lawyer on your side in the early stages. An attorney can help navigate through the legal process with confidence so your rights are protected and you receive the best results for you.

Common Issues within Divorce

While dissolving your legal union is one part of obtaining a divorce, the focus of the legal process is also on the practical separation of you and your spouse’s lives. Common issues include:  

• Property divisionThe court first determines what is part of the marital estate and what is not. The shared property of you and your spouse such as investments, personal property and monetary savings will then be divided between the two of you. However, this is not normally a 50/50 split. An Edison divorce lawyer can help ensure that your property is divided as fairly as possible and that you retain your rightful share. 

• Division of debtDebt such as your mortgage and auto loans is also first categorized as individual or marital. Marital debt is then distributed by the court between you and your spouse.

• Retirement Retirement savings is a significant part of the marital estate that must be addressed during the divorce (especially if a majority of your retirement savings is part of your spouse’s account through work).

• AlimonyThere are numerous types of alimony (i.e. spousal support) in a divorce including temporary, limited, rehabilitative, and permanent. Whatever type is determined in your case, alimony can quickly turn any divorce into an embittered battle. Speak with an Edison divorce lawyer to help you through the process. 

• Prenuptial and Postnuptial AgreementsA valid prenuptial and postnuptial agreement can control or influence a number of issues within your divorce. Have a family law attorney review either agreement and provide necessary legal advice on how to proceed.

• Child CustodyA parenting agreement must be determined if you and your spouse have children. The court will decide the custody arrangement if you are unable to come to a parenting agreement on your own. This arrangement is based on the best interests of the child. 

• Child Support If you and your spouse have children, a Bhatt Law Group lawyer can help you understand how child support will be calculated in your case (based on New Jersey state guidelines) as there are multiple factors that will determine the final outcome (i.e. who owes support and how much).