Montclair Divorce Lawyer
If you are starting the divorce process, you may be tempted to go through the steps on your own. Perhaps you believe the process will be less contentious that way. Maybe you and your spouse are planning to part on amicable terms, and you don’t want to risk that possibility.
The truth is that even a well thought-out divorce can spiral out of control, and a good attorney can actually prevent the process from getting too messy and contentious. For more information, contact a Montclair divorce lawyer from Bhatt Law Group online or call (201) 798-8000.
Why Hire a Divorce Lawyer?
No couple, no matter how well intentioned, goes through a divorce without encountering a few bumps along the way. As your divorce progresses, you will need to address:
Division of Debt and Property- You and your spouse will go through and divide shared savings, investments, personal property, retirement savings, etc. Even your combined debt (car payments, mortgages, credit card debt, etc.) must be divided fairly.
Alimony- This is a payment made from the “supporting spouse” to the “dependent spouse.” If you and your spouse are unable to reach an alimony agreement, your lawyer can help you resolve this matter in court.
Child Custody – New Jersey courts consider various factors when addressing child custody issues, but first and foremost will be the best interests of the child. Other factors include stability in the home, employment responsibilities of the parents, and interaction with siblings and other family members.
Child Support – In New Jersey, child support from both parents is a constitutional requirement. Your divorce lawyer can explain the state’s general guidelines, while also helping to manage the number of additional factors that may come into play. Your child support agreement can be impacted by custody arrangements, health care costs, educational needs, alimony payments, etc.
Prenuptial and Postnuptial Agreements -These are contracts agreed upon by the spouses either before or during a marriage. They typically include provisions on many of the things listed above. Not all parts of a pre or post nuptial agreement may be legally binding at the time of your divorce; an attorney from Bhatt Law Group can give you complete advice on how the agreement may impact your terms.
How to File
Would you know how to file for divorce if you had to do it today? Do you file in New Jersey, or elsewhere? What grounds will you be alleging? Will you ask for, or owe, alimony?
This is a lot for anyone to figure out, and it’s harder when you’re dealing with the emotional turmoil of a marriage that’s ending. It’s best to have a Montclair divorce lawyer help you sort through the details.
New Jersey Residency
If you or your partner have been residents of New Jersey for at least one year, you may file for divorce here in the Garden State. You qualify as a New Jersey resident if you own a home here and spend at least 183 days a year in this state. If you are unsure whether you qualify as a New Jersey resident, a Montclair divorce lawyer at Bhatt Law Group can educate you.
Grounds for Divorce
When a marriage ends on No Fault grounds, this means that neither spouse is especially to blame. When you file for divorce in this case, you can cite irreconcilable differences.
If, on the other hand, you feel your partner’s actions have caused the end of your marriage, you will need to choose from one of the grounds for divorce allowed in New Jersey:
● Extreme Cruelty
● Drug or Alcohol Addiction
● Mental Illness
● Living Separately and Apart for 18 Months
● Deviant Sexual Conduct
There’s also the matter of contested divorce vs. uncontested divorce. If you and your spouse don’t agree on child custody, separation of finances, or any number of issues related to the dissolution of the marriage, your divorce will be contested. But if both parties are amicable and agree on the terms, you have an uncontested divorce and can expect things to go more smoothly.
Local Montclair Divorce Lawyer
Whether your marriage has been long or short, whether there are kids in the picture or not, whether you choose No Fault or At Fault grounds for divorce, you are headed for a multifaceted legal process. Allow the attorneys at Bhatt Law Group to use their experience to your advantage. They will guide you every step of the way, working to ensure you the best possible outcome. Contact a Montclair divorce lawyer online, or call (201) 798-8000 today to schedule a free consultation.