Divorce in New Jersey
Understanding the Process of a New Jersey Divorce
If you have decided to pursue divorce in New Jersey, a solid understanding of the different procedures or options that are available can help you maintain a sense of control over the situation. While consulting with a New Jersey family law attorney is the best way to ensure that you have the comprehensive information that you need, the following introduces information that can help you get off to the right start:
For a number of useful articles and resources to help you through the divorce process, download and print this Divorce Guide for New Jersey.
A Divorce Road Map
Weinberger Law Group has outlined and explained the various stages that may occur during the divorce process. Not all stages need apply to your divorce case, but our informative New Jersey Divorce Road Map should help prepare you for what may lie ahead.
If you are considering a divorce in New Jersey, but are still on good terms with your spouse, you may be able to obtain a New Jersey uncontested divorce. The uncontested divorce process is generally the most amicable and cost-effective way to dissolve your marriage and resolve all issues regarding:
- General Divorce Matters
- Child Custody and Support Issues
- Alimony and Spousal Support
- Property Division, Assets and Debts
- And more.
If animosity exists between you and your spouse, then a contested divorce may be how you choose to terminate your marriage. Either spouse can initiate a contested divorce by filing a Complaint for Divorce in New Jersey superior court.
Yet, even in a New Jersey contested divorce, there are options to resolve your differences and reach an amicable agreement. While you may not see eye-to-eye on issues regarding your children, support payments, or the distribution of your assets and debts, our experienced divorce lawyers can assist you through this difficult process.
High Net Worth Divorce
If you and your spouse are in the public eye, hold multiple assets such as real estate holdings, businesses, stock options or retirement accounts, it is especially important for you to consult with an attorney before making important decisions. High net worth divorces are often of a sensitive nature, with the details of the people involved, and their assets and agreements, best kept private with attorneys handling the intricacies.
Out of State, International, and Military Divorces
If either you or your spouse currently lives or works outside of New Jersey, or if one of you is in a branch of military service and/or actively stationed elsewhere, initiating and pursuing a divorce may involve additional considerations. Understanding if you qualify to obtain an out of state, international or military divorce in New Jersey is important to know.
There are jurisdictional requirements that may affect your divorce proceedings; therefore, you will need an experienced New Jersey divorce lawyer on your side to help you understand if New Jersey has jurisdiction. If this state does have jurisdiction, then our attorneys will review all of the available remedies and map out the next course of action.
Pitfalls of Handling your Own Divorce
If you are considering a divorce in new Jersey, your initial instinct may be to handle your own divorce. Before you move forward with this approach, you should consider the complications associated with this type of divorce proceeding, and the complexities surrounding important divorce issues, such as child custody, support, and asset division.
Unfortunately, many people who attempt to handle their own divorce often overlook significant legal details that not only lead to problems in the future, but can require lengthy and extensive legal work to correct. Protect your legal rights and safeguard your future by retaining the services of a Weinberger Law Group divorce lawyer whose entire legal practice is devoted exclusively to New Jersey divorce, family, and matrimonial law.
Alternative Dispute Resolution
Alternative Dispute Resolution (ADR) is a non-litigious way of resolving your legal differences. Popular ADR options in New Jersey include arbitration and mediation.
- Arbitration - In arbitration, you can select your own neutral professional to make decisions in your case. This alternative method provides a binding decision by a professional (such as a lawyer or retired family law judge) who is trained to determine fair and equitable results.
- Mediation - In mediation, you and your spouse, rather than a judge who does not know you or your family, remain in control of all decisions. Mediation is a particularly appealing and popular process for resolution of family law disputes. It is an alternate method in divorce which allows both you and your spouse to enter into civilized discussions with a mediator. This non-binding process usually occurs in a confidential setting, instead of a courtroom, and allows you and your spouse to remain fully in control of the divorce process.
The beauty of the alternative dispute resolution process is that it enables you and your spouse to speed up the divorce process in an informal environment, rather than leaving it up to a judge's discretion.
If you are considering divorce for financial reasons due to a spouse's disability or serious illness, you may have questions about how divorce affects Medicaid eligibility. Sometimes referred to as a "Medicaid Divorce," couples choosing this process may be very happily married but faced with no choice other than to divorce or face financial disaster.
Should Divorce Not Be the Appropriate Next Step: Legal Separation
While the information here relates primarily to divorce, Weinberger Law Group understands that each case is different and personal aspects unique. A legal separation may be a better first step. In a legal separation you can still formalize an agreement concerning:
- Child custody, visitation and support;
- Specific payments made for the family;
- Payments regarding the home and marital bills;
- And more.
We are here to help and inform you on the process of ending your marriage and the steps to divorce when in New Jersey. Call us.
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