New Jersey Divorce Lawyer

Divorce in New Jersey: Understanding the Process

Divorce in New Jersey is governed by state law, and the grounds for divorce are outlined by the New Jersey legislature. At the Law Office of Valerie Hemhauser, our skilled Divorce lawyer will position you for the most favorable outcome to ensure that your interests are protected every step of the way. Understanding the process of a divorce in New Jersey, summarized below, can help reduce some of the anxiety caused by uncertainty during this time.

To file for divorce, you must submit a Complaint for Divorce, which specifies the reasons for seeking dissolution of marriage. The recognized grounds for divorce in New Jersey include:

1. Adultery: When one spouse has an extramarital affair.
2. Desertion: One spouse abandons the other for at least 12 months.
3. Extreme Cruelty: Physical or mental abuse making continued cohabitation unbearable.
4. No-Fault Separation: Separation for at least 18 months without reconciliation.
5. Habitual Drug Addiction: One spouse is unable to maintain a stable relationship due to drug addiction.
6. Habitual Drunkenness: Chronic alcoholism interfering with the marriage.
7. Institutionalization for Mental Illness: When one spouse is institutionalized for mental illness.
8. Imprisonment: One spouse is convicted and sentenced to more than 18 months in prison.
9. Deviant Sexual Conduct: One spouse engages in inappropriate or unlawful sexual behavior.
10. Irreconcilable Differences: The marriage has irreparably broken down for six months or more.

Once you file the Complaint for Divorce, you must complete a confidential Case Information Statement that includes personal and financial information to guide the divorce process. This will also help in negotiating key matters like alimony, child support and property division.

After filing the Complaint for Divorce, it must be served to the other party. The defendant spouse then has 35 days to file a response, an Answer or an Answer with Counterclaim. If the defendant does not respond within the prescribed time, the divorce may proceed by default, meaning that the court could grant the divorce based on the allegations in the Complaint without further input from the defendant.

If a response is filed and there are contested issues, such as property division or custody, the case is considered contested. In a contested case, hearings, mediation, pre-trial conferences, or settlement negotiations may help resolve disagreements. If an agreement is reached, the case becomes uncontested, and the divorce can proceed more quickly. If negotiations fail, a trial may be necessary, with each party presenting evidence for the court to make a final decision.

Key Considerations in Divorce

Divorce can be particularly complicated when children or significant assets are involved. The court may need to make decisions about:

• Child Custody and Visitation: Based on the child’s best interests, New Jersey law encourages joint custody and frequent contact with both parents.
• Child Support: Both parents are financially responsible, with support determined by state guidelines.
• Alimony: Spousal support may be awarded depending on factors like the length of the marriage and each spouse’s financial situation.
• Division of Assets: New Jersey follows equitable distribution, ensuring a fair but not necessarily equal division of marital property.

When facing a divorce or a family law matter in New Jersey, it is essential to have an experienced family lawyer advocate by your side to ensure that you receive expert legal advice tailored to your unique situation. The Law Office of Valerie Hemhauser, located in Red Bank, represents clients across Monmouth County and throughout New Jersey.

Understandably, divorce can be a stressful and emotional process and proceedings can vary greatly based on individual circumstances. Having professional legal support can make the process smoother and more efficient. With over three decades of family law experience in New Jersey, Valerie Hemhauser has an in-depth understanding of the legal, procedural and strategic elements necessary to help you navigate the process and secure a fair and equitable resolution.

Contact us today at (732) 842-9993 or fill out the online contact form to discuss your divorce or family law matter and get the guidance you need to protect your rights throughout the process.

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