Paterson Divorce Lawyer

To file for divorce in New Jersey, at least one spouse must have lived in the state for at least 12 consecutive months. However, this residency requirement is waived in the case of adultery if one spouse is a resident of the state. If you are filing for divorce because of “irreconcilable differences,” you and your spouse must have experienced problems for at least six months. 

You must identify the grounds or why your marriage needs to come to an end (e.g. adultery). Different grounds are detailed later on, but it’s important to choose the right ones for your situation as the grounds you select will dictate future legal proceedings. Strong legal counsel from an experienced Paterson divorce lawyer is advisable to help you feel confident in your selection. 

Filing a complaint requires certain information such as the names and addresses of both you and your spouse and the date and place of the marriage. You also have to list the grounds that you’ve chosen for divorce. To obtain an official “Complaint for Divorce” document, you can visit the clerk’s office of your local county courthouse. 

In addition to the official complaint, you also have to compile other paperwork such as a Certificate of Insurance Coverage and Confidential Litigant Information Sheet. You then have to file all divorce papers at your clerk’s office. 

After you’ve filed a “Complaint for Divorce” with the local court, you’ll eventually be able to “serve” your spouse with official divorce papers. Your spouse must respond to the complaint within a specific period of time. This begins a long process of paperwork, settlements, and a possible trial. A Paterson divorce lawyer can help you through this difficult (and time-consuming) process. 

Filing for a no-fault divorce means that you and your spouse are not assigning blame for the end of your marriage. Instead, you cite “irreconcilable differences” or not being able to get along as the reason for the divorce.

To file for a no-fault divorce, you or your spouse must have lived in New Jersey for 12 consecutive months. You and your spouse must also have experienced irreconcilable differences that have no chance of reconciliation for at least 6 months.

You can also file for no-fault divorce on the grounds of separation. If you and your spouse have been living apart for at least 18 months, this might be an option. 

New Jersey also recognizes “fault divorce,” allowing you to make fault-based (misconduct) allegations against your spouse. This means that one spouse was at fault for the marriage’s collapse. However, you must be able to prove your spouse’s misconduct as the court will use this information to make certain decisions such as about alimony. A Paterson divorce lawyer can expertly guide you through the process of filing for a fault divorce. 

Not every divorce is settled peaceably. In a contested divorce, spouses can’t come to an agreement on issues like asset division, child support, and child custody so they need the assistance of the court to settle the dispute.  A contested divorce can last six months to a year. 

An uncontested divorce is much simpler than a contested divorce as it doesn’t require a trial. Spouses agree on all issues to effectively terminate the marriage. It also doesn’t take as long as a contested divorce as issues are resolved fairly quickly.

Whether you are going through a contested or uncontested divorce, an experienced Paterson divorce lawyer can help you through all proceedings and formalities. 

Since New Jersey is an equitable division state, the property of you and your spouse (e.g. investments, personal property, monetary savings) won’t necessarily be split equally, but fairly in the eyes of the court. A Paterson divorce lawyer can help ensure that your property is divided as equally as possible.

For division of debt (e.g. mortgage, auto loans, credit card debt), the court reviews different “equitable distribution factors” such as the length of the marriage, your standard of living, and your age and health. 

Especially if a majority of your retirement savings is part of your spouse’s account through work, it’s essential that you protect what’s rightfully yours from unfair division. A Paterson divorce lawyer can help ensure that you don’t lose a significant portion of your retirement account. 

Determining whether or not one spouse should pay the other spousal support (alimony) can quickly turn into a bitter battle during a divorce. Speak with a Paterson divorce lawyer if you want to seek alimony or you believe your spouse will fight for it. 

A valid prenuptial and postnuptial agreement can control or influence a number of issues within your divorce. Any concerns about your agreement should be discussed with an experienced divorce attorney right away. 

A parenting agreement must be determined if you and your spouse have children. If you are unable to come to a parenting agreement on your own, the court will decide the custody arrangement based on the best interests of the child. 

New Jersey state guidelines will always apply to child support, whether the divorce is contested or not. But a number of factors can impact the outcome which is why a Bhatt Group lawyer can help you understand how child support will be calculated in your case and guide you through the arrangement.