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Edison Divorce Lawyer

Are you considering filing for divorce in Edison? We can help you! Our team of divorce lawyers have handled hundreds of divorce cases over the years, ranging from uncontested to complex. Call (201) 798-8000 today, use our contact form below, or chat with us live 24/7 for a free consultation. We proudly represent divorce clients throughout New Jersey, including Edison.

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Going through a divorce doesn’t only mean dealing with multiple ramifications to your personal life. A divorce also means struggling with paperwork, local court systems, and financial strains. Handling all of the legal elements of a divorce while still trying to maintain some sense of normalcy is both practically and psychologically difficult. 

Thankfully, you don’t have to go through this process alone. An Edison divorce lawyer from Bhatt Lawyer Group can alleviate the pressure associated with a divorce, explaining your rights and options and guiding you through the legal process with both knowledge and compassion. For more information on how we can help, contact us online or call (201) 798-8000 to schedule a free consultation. 

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 filing. To 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 divorce. New 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 complaint. The 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 spouse. After 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. 

Understanding Legal Separation in New Jersey

Legal separation is different from divorce. It is obtained through a court process and order, but you are still legally married to your spouse. Under New Jersey law, this is known as “divorce from bed and board” where you and your spouse settle on things like how you’ll handle the finances, co-parenting and more. 

A legal separation is a viable option if you don’t want to officially divorce due to religious reasons or because of your children. An experienced Edison divorce lawyer provides expert legal advice and guidance if you are considering legal separation in New Jersey. 

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.

Grounds for Divorce in New Jersey

Aside from “irreconcilable differences” for a no-fault divorce, New Jersey allows for eight different types of grounds for divorce. These grounds include: 

  • Adultery
  • Willful abandonment that lasts at least 21 months
  • Physical or mental abuse
  • Drug or alcohol addiction
  • Consensual deviant sexual conduct
  • Mental illness resulting in 24 consecutive months or more of institutionalization
  • Incarceration for 18 months or more 
  • Living separately and apart for at least 18 consecutive months

There are many factors that determine what type of divorce you should file and the grounds you should choose. Speaking with an Edison divorce lawyer can help you select the right grounds for your situation as different grounds impact the entire legal process. 

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 division. The 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 debt. Debt 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).
  • Alimony. There 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 Agreements. A 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 Custody. A 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). 

An Edison Divorce Lawyer is Here For You

Maybe you’re considering filing for divorce. Or maybe you’ve been served with papers from your spouse. In either case, there are many benefits to legal counsel during this type of family matter. An Edison divorce lawyer offers the necessary support and advice to guide you through divorce paperwork, court process, and other legal proceedings. This guidance helps alleviate pressure so you can focus on other important aspects of your life. 

At Bhatt Law Group, we are committed to protecting your rights during the divorce and ensuring that you receive fair results (especially important if the divorce becomes heated).  Contact us online or call (201) 798-8000 to schedule a free consultation and learn more how we can help you during your divorce.