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Divorce is a life-altering decision that comes with a myriad of challenges. It's not just about the emotional toll but also the legal complexities accompanying it. If you're considering or going through a divorce in New Jersey, DeTommaso Law Group, LLC is here to help. This guide aims to provide you with a comprehensive understanding of the divorce process in New Jersey, from the grounds for divorce to child custody and spousal support.
Grounds for Divorce
The first step towards dissolving your marriage legally is filing a complaint for divorce with the court. In New Jersey, the person who files the complaint is the plaintiff, while the other spouse is the defendant. It's crucial that you gather all the necessary documents and complete them accurately to avoid any delays or complications.
In New Jersey, both fault and no-fault divorces are recognized. No-fault divorces can be filed on the grounds of irreconcilable differences or separation for at least 18 consecutive months. On the other hand, fault-based divorces can be pursued on several grounds, including adultery, extreme cruelty, or abandonment, among others.
The Legal Process
The divorce process in New Jersey begins with filing a complaint for divorce. After serving your spouse the divorce papers, they have 35 days to respond. If both parties agree on all matters, the court may grant a final divorce judgment. However, if disputes arise, these must be settled through negotiation, mediation, or litigation.
Division of Assets
New Jersey follows the equitable distribution principle, which means marital assets are divided fairly but not necessarily equally. Factors such as the duration of the marriage, each spouse's financial situation, and contributions to the marital property are considered when dividing assets.
Child Custody
Child custody is often the most sensitive aspect of a divorce. In New Jersey, the courts prioritize the child's best interests when making these decisions. Custody can be joint (shared by both parents) or sole (awarded to one parent). The court evaluates various factors like the parents' ability to communicate and cooperate, the child's relationship with each parent, and the child's needs, among others.
Spousal Support
Spousal support, also known as alimony, is awarded based on numerous factors, including the length of the marriage, each spouse's earning capacity, and the standard of living established during the marriage. It’s important to note that alimony isn't guaranteed; it's determined on a case-by-case basis.
The Role of Mediation in Divorce
Mediation can be a beneficial alternative to traditional divorce litigation. It allows couples to resolve their issues amicably and privately, with the help of a neutral third party, known as a mediator. It's often less stressful and more cost-effective than going to court.
Your Trusted Divorce Attorneys in Somerset County
Navigating a divorce can be daunting, but understanding the process can ease some stress. Remember, every divorce case is unique, and what applies to one may not apply to another. At DeTommaso Law Group, LLC, we're committed to guiding you through this challenging journey with compassion and expertise. For more detailed guidance tailored to your specific situation, feel free to reach out to us.
Call us today at (908) 274-3028 to schedule an initial consultation and learn more about how our Somerset County divorce attorneys will fight for you.