Morris County Divorce Attorneys

Providing Legal Representation for Complex Divorce Cases

Going through a divorce is very personal and is often one of the most stressful experiences a family can face. You will undoubtedly have many questions and concerns, ranging from what will happen to the family home to who will have custody of the kids. You will likely have anxiety about your finances and your future as you transition into the next chapter of your life. You deserve to get some peace of mind during this time, and that’s what you can expect when you hire an experienced divorce lawyer to provide you with committed legal support and guidance throughout the complex process of divorce.

At Edens Law Group, we have focused our practice on divorce and family law in New Jersey for decades. Our Morris County divorce lawyers are well-versed in the laws and procedures under which your divorce will proceed. Furthermore, we understand how difficult it can be to transition from a private relationship to a public legal battle. You can trust us to fight for your rights on your behalf. With more than 55 years of combined legal experience, our attorneys are poised to provide strong advocacy and tireless representation every step of the way. Call our New Jersey law office today for a consultation with a dedicated divorce lawyer.

What Legal Issues Can a Skilled Divorce Lawyer Help Resolve?

Because your marriage is a legal partnership, a divorce involves not just emotional and physical separation, but the separation of your money and assets as well. This can be a complex legal matter to take on, especially if you have young children to consider during your divorce. This is why it’s critical to hire an experienced divorce lawyer to guide you through all aspects of the process of legally ending your marriage.

The most common divorce matters that an attorney will assist with include:

• Child custody and visitation
• Child support
• Asset division
• Alimony

Every divorce case is different, so your specific case might not involve all of these common legal matters, or it could involve these and more. This will depend on your circumstances, such as what assets you and your spouse share, the difference in your incomes, and whether you have minor children together.

Our team will give you the personal attention you need regardless of the situation. So, if you have a high net worth, are a victim of domestic violence, or have any other important details that apply to your case, you can rest assured our attorneys are prepared to give you the guidance you need. Call today for an initial consultation so we can become familiar with your circumstances before providing you with legal direction for your case.

What Is the New Jersey Divorce Process?

New Jersey has simplified the divorce process by allowing a no-fault divorce option. A no-fault divorce is simply based on the proposition that your marriage is irretrievably broken. No blame is assigned to either party, making the process more amicable, less time-consuming, and less costly than a fault-based divorce.

If you go this route, you must be able to prove that you or your spouse has lived in New Jersey for one year or more before filing divorce papers. You must also state that you’ve had irreconcilable differences for at least six months, leading you or your spouse to want to end the marriage.

While no-fault divorce is the most common option, you can file for a fault-based divorce if you’re prepared to prove your allegations against your spouse. The grounds for divorce in this state can include:

• Adultery
• Desertion for 12 months or more
• Extreme cruelty
• Incarceration for at least 18 months
• Deviant sexual conduct
• Habitual drunkenness or drug abuse
• Institutionalization for mental illness for 24 months or more

In general, filing for fault-based divorce isn’t recommended since it requires you to present proof of your accusations and allows your spouse to respond. This can cause your legal case to become more complicated and drawn out in court. Even if you’re able to prove that your spouse committed adultery, deserted you, or committed any of the other grounds for divorce, it’s unlikely to change your case outcome since judges rarely make decisions based on whose fault the divorce is. So, you wouldn’t necessarily get favorable results regarding property division, custody, or other details even after proving fault. Your divorce lawyer can guide you on this aspect of your case after reviewing your circumstances, so call our law office today if you’re unsure if you should file for a fault-based divorce.

If you’re curious about how long it will take for your divorce to be final, the answer is that it depends on your specific situation, including the complexity of your case. If you and your spouse agree on all issues related to your divorce, the uncontested process can be finalized in weeks or months. If you fail to agree, your case will need to be mediated or litigated in court to reach a settlement. Our attorneys can provide more accurate answers after speaking with you about your case, so contact our Morris County law firm to get started.

How Are Assets Divided in a New Jersey Divorce?

If you and your spouse share any assets or debts, you must divide them before your divorce can be final. This step determines who gets to keep each asset and who pays each debt after your marriage is legally over. Every state handles property distribution differently, so it’s helpful to talk to a skilled divorce lawyer who understands how it works in the county where you’re filing.

New Jersey uses the equitable distribution system, which means your property should be divided fairly, not necessarily equally. Several factors will determine who gets which assets, including:

• How long the marriage lasted
• The standard of living during the marriage
• The age and health of each spouse
• The income and assets each spouse brought into the marriage
• The income potential of each spouse
• Each spouse’s education, job skills, and work experience
• Any prenuptial or postnuptial agreements
• Each spouse’s economic situation during the divorce
• How much each spouse contributed to the other’s career or education
• Each spouse’s separate property or debt
• Whether there is a need to make a trust for the children’s medical and educational expenses
• The custodial arrangements of any minor children the couple shares
• The possible tax liabilities of the proposed asset division
• Any other details that could affect your financial situation

The judge will consider these factors before dividing the assets and debts you and your spouse share. Keep in mind that only your marital assets need to be divided during divorce, which usually refers to property that you or your spouse acquired during the marriage. In most cases, this includes your marital home, investment properties, bank accounts, pensions, vehicles, business interests, retirement accounts, furniture, electronics, and more.

If you bought an asset before you got married or after you filed for divorce, it will typically be considered separate property that you don’t have to share with your former spouse. The same goes for gifts given only to you or items you inherited from your family. However, there are some exceptions, which is why you should speak with a divorce lawyer before dividing your assets and debts. Call our law firm today for legal advice from a skilled matrimonial law attorney with extensive experience helping clients with asset division.

How Does Spousal Support Work in New Jersey?

In some divorces, one spouse is ordered to pay spousal support. Also called alimony, this type of payment is only required when one person’s income is much higher than their former spouse’s current or potential income. So, if the divorce will leave you unable to pay your bills or enjoy the same lifestyle you had during the marriage, your spouse might be required to send you regular payments.

There are several types of spousal support in New Jersey. They include:

• Temporary: Also called pendente lite, temporary support may be ordered before the divorce is final so that the spouse who earns less money can pay their bills while waiting on asset division, child support, and other issues to be finalized
• Limited duration alimony: This refers to financial support that will last for a specific number of months or years, as the judge will decide how long it must be paid. This usually depends on how long the supported spouse will need financial help before becoming self-sufficient. The duration generally cannot exceed the length of the marriage
• Open durational: This used to be known as permanent support since it only ends once the person receiving payments reaches retirement age. It’s often awarded after a long marriage ends in divorce, typically when it’s apparent the person won’t be re-entering the workforce and therefore needs financial help
• Rehabilitative: If one spouse needs to get a college degree or any other form of job training to begin earning enough to pay the bills, a judge might order the other spouse to pay rehabilitative support to help with educational and living expenses
• Reimbursement: If one spouse put their career or education on hold to support the other spouse’s goals for their career or education, they could get reimbursed if the marriage ended before they reaped the financial rewards. This type of support is rare, and it usually seeks to ensure the spouse is paid back for any contributions made to the other person’s tuition and costs of living

If you’re unsure if you should expect to pay or receive spousal support, you should contact a matrimonial attorney with experience advising clients on this issue. At our law firm, you can trust us to use our years of experience to provide legal guidance while keeping your best interests in mind. Call us today to discuss spousal support issues and other legal details pertaining to your divorce.

What Legal Matters Do You Have to Consider if You Have Minor Children?

If you and your spouse share minor children, you will need to agree on child custody and child support. If you and the other parent can’t agree, a judge will make these decisions for you based on what’s in the children’s best interests.

Most judges prefer that parents spend equal time with their children, so joint physical custody is a common ruling. This means the children live with each parent for about an equal amount of time. If it’s not in the children’s best interests to share custody, you can pursue sole custody. In that case, the noncustodial parent would get visitation, also called parenting time.

The other type of custody to consider is legal custody. With joint legal custody, both parents can make important decisions about their children, such as where they go to school and which religion they’ll be raised with. While most parents end up getting joint legal custody, it is possible to pursue sole legal custody with the help of an experienced divorce lawyer.

You’ll also need to work out which parent pays child support and how much the payments should be. In general, the parent who does not have custody of the child will be expected to send payments to the custodial parent to help with the costs of raising a child. If you’re concerned about this issue or have questions about child custody and parenting time, contact our firm to speak with a family law lawyer serving clients from Morris Plains and Short Hills to Morristown, NJ.

Will Your Divorce Case Lead to a Trial?

If you’re worried about the possibility of going to court to face your former spouse before your divorce is final, rest assured that most divorce cases don’t end up in a trial. They can usually be settled out of the courtroom once you agree on the major family issues, such as child custody and support. If you’ve tried to reach an agreement without success, you can ask your lawyer about alternative dispute resolution options.

One of the most popular options of this kind is mediation. This involves sitting down with your spouse and a neutral third party who will help you identify your goals for the divorce and work toward a resolution. Mediation may require several meetings before you can agree, but it’s a more peaceful, collaborative process than a trial. This allows you and your spouse to have a say in the final decision regarding child custody, spousal support, and other issues instead of a judge deciding for you.

If mediation doesn’t work for you, another option is arbitration. This also involves a neutral third party outside of court, but they will typically make the decisions for you after hearing both sides. The setting for arbitration is usually more relaxed than a courtroom, so it may be ideal if you need more than mediation but want to avoid a trial.

A matrimonial attorney can guide you through your legal options during your family law case, so call our law office for help. You can rely on us for assistance whether you need mediation or end up in the courtroom, as we can argue cases in the Superior Court, and the New Jersey Supreme Court. Call today to schedule a consultation with a caring family law lawyer.

Why Should You Call Our Morris County Divorce Lawyers?

All of these family law issues raise serious questions about your future. With our abundant experience in resolving divorce cases, we can work together to map out a game plan to address all your issues.

When you call Edens Law Group, LLC, we will begin formulating a plan for your divorce during a one-hour strategy session designed to understand the dynamics of your family and your overall situation. Our goal is to make the legal process as stress-free, efficient, and productive as possible. If you’re ready to serve your spouse with divorce papers and need help with the legal details, call 908-529-0353 to speak to compassionate Morris County divorce lawyers.