New Jersey Divorce Lawyers

Divorce is often emotionally charged, and decisions made during this time can impact family dynamics, finances, and overall well-being. In New Jersey, divorce law involves property division, alimony, child custody, and child support. Each of these issues requires careful consideration to reach a fair outcome.

The New Jersey divorce lawyers at Zeigler Law Group, LLC provide clients with compassionate, assertive legal guidance needed to navigate the divorce process. We can be with you every step, from establishing grounds for divorce to a fair resolution protecting your interests.

What Are the Grounds for Divorce In New Jersey?

New Jersey recognizes both fault and no-fault grounds for divorce. No-fault divorce is the most common and requires showing that the spouses have experienced irreconcilable differences for at least six months, which caused the breakdown of the marriage. Alternatively, a couple may file for divorce if they have been separated for 18 months or more.

Fault-based grounds for divorce exist but are less frequently pursued. These include adultery, desertion, extreme cruelty, habitual drunkenness or drug use, imprisonment, and deviant sexual behavior. Fault-based grounds must be proven.

How Is Property Divided in a New Jersey Divorce?

New Jersey follows the principle of equitable distribution when dividing marital property during a divorce. Equitable distribution does not mean equal, but rather that the division is fair based on the circumstances. Marital property includes assets acquired during the marriage, such as real estate, bank accounts, retirement savings, and personal belongings. Certain assets may be classified as separate property if they were owned before the marriage or acquired through inheritance or gifts.

When dividing property, the court considers many factors, including but not limited to:

• The length of the marriage.
• Each spouse’s financial situation.
• The standard of living during the marriage.
• Contributions made to the marriage, both financially and non-financially.
• The needs of any dependent children.

Our New Jersey divorce lawyers can guide you through this determination and help you protect your assets.

What Is Alimony?

Alimony, also known as spousal support, is a financial obligation that one spouse may be required to pay to the other after a divorce. The purpose of alimony is to allow the lower-earning spouse to maintain a standard of living similar to what they had during the marriage. Alimony is not automatically granted in every case; it depends on factors like the length of the marriage, the financial needs and earning capacity of each spouse, and the age and health of both parties.

In New Jersey, there are several types of alimony, including open duration, limited duration, rehabilitative, and reimbursement alimony. Each addresses specific circumstances. For example, rehabilitative alimony is awarded when one spouse needs time and resources to acquire the skills necessary to support themselves financially.

How Is Child Custody Determined in a New Jersey Divorce?

In New Jersey, child custody decisions are made in the best interests of the child. There are two types of custody: legal custody and physical custody. Legal custody refers to the right to make decisions about the child’s upbringing, including matters related to education, healthcare, and religious instruction. Physical custody refers to where the child will live and how much time they will spend with each parent.

Joint legal custody is common, meaning both parents share decision-making responsibilities, even if one parent has primary physical custody. The court will examine factors such as the child’s relationship with each parent, the stability of each parent’s home environment, and the child’s needs and preferences, depending on their age.

How Is Child Support Calculated In New Jersey?

Child support is calculated based on the New Jersey Child Support Guidelines, which consider parents’ incomes and the child’s needs. The guidelines consider factors such as the parents’ gross income, the cost of healthcare, childcare expenses, and the number of children being supported. Child support aims to provide the child with a standard of living that reflects both parents’ financial capabilities.

The court may deviate from the guidelines in certain cases if special circumstances require a different calculation. It is important to note that child support obligations continue until the child reaches the age of 19, but they may be extended if the child is still attending school or has special needs.

What Are the Steps in Filing for Divorce in New Jersey?

To begin the divorce process in New Jersey, one spouse must file a Complaint for Divorce with the family court in the county where either spouse resides. This document outlines the grounds for divorce and the relief sought, such as alimony, child custody, and property division. The other spouse must then be served with the complaint and given an opportunity to respond.

After the initial filings, the court may require both parties to participate in case management conferences and mediation to resolve disputes. If the spouses can reach an agreement on all issues, they may present a marital settlement agreement to the court. If no agreement is reached, the case will proceed to trial, where our New Jersey divorce lawyers can represent your interests.

Can a Divorce Agreement Be Modified?

In some cases, it may be possible to modify a divorce agreement after the divorce is finalized. Changes to alimony, child custody, and child support can be requested if circumstances significantly change, like a job loss, remarriage, or a change in the child’s needs. The party requesting the modification must show that the change is substantial and was not anticipated when the original agreement was made.

Our New Jersey divorce lawyers can provide legal guidance when pursuing a modification. The court will require straightforward evidence to support the request, and without sufficient justification, the court is unlikely to grant the modification.

How Long Does the Divorce Process Take in New Jersey?

The length of the divorce process in New Jersey depends on the complexity of the issues involved and whether the parties can reach an agreement. An uncontested divorce may be resolved in a few months when both spouses agree on all issues. However, a contested divorce, where disputes over alimony, child custody, or property division arise, can take much longer.

For certain issues, the court may require both parties to engage in mandatory mediation, which can help expedite the process. However, if the case goes to trial, reaching a final resolution may take over a year.

The Skilled New Jersey Divorce Lawyers at Zeigler Law Group, LLC Offer Consultations and Trusted Legal Guidance

Divorce is a significant life event that requires especially careful legal consideration. The skilled New Jersey divorce lawyers at Zeigler Law Group, LLC are here to help you navigate the divorce process and work towards a fair resolution. To learn more, submit our online form or call our Toms River, Red Bank, Princeton, and Mount Laurel, New Jersey, offices at 732-361-4827. We serve clients in Ocean County, Monmouth County, Mercer County, and Burlington County.