Divorce Lawyers Providing Legal Representation In Morris County Divorce Cases
No one gets married expecting to end up in divorce court. But even strong marriages can run into problems that cannot be resolved, and when that happens you need clear answers about what comes next. Edens Law Group, LLC represents Morris County residents through every stage of divorce, including child custody, child support, alimony, and the division of marital assets. For a broader look at our work in the area, see our Morris County family law attorneys page.
How Can Edens Law Group, LLC Help Me?
At Edens Law Group, LLC, we recognize what a difficult and stressful time this is for our clients. We want to help you through this period by advising you of your legal rights from the start. You are entitled to understand what steps you can take to protect your financial interests as well as your children’s interests, if applicable. If you need legal representation who will fight for you in your divorce case, contact us at 908-529-0353 and schedule an appointment to speak with an experienced divorce attorney.
How a Divorce Works in Morris County Family Court
In New Jersey, divorce cases are heard by the Superior Court, Family Part. For Morris County residents, that means the Morris County Courthouse in Morristown. Your case is typically filed in the county where you or your spouse lives. Every case is different, but most contested divorces move through the same general stages:
- Eligibility: At least one spouse must have lived in New Jersey for 12 consecutive months before filing (adultery-based filings are the exception). Most divorces are filed on the ground of irreconcilable differences, which must have existed for at least six months. New Jersey has no mandatory waiting period after filing.
- Complaint and answer: One spouse files a complaint and serves the other, who generally has 35 days to file an answer and any counterclaim.
- Case Management Conference: Often scheduled within about two to three months of filing, this is where the court sets the schedule for the rest of the case.
- Discovery: The spouses exchange financial and other relevant information. This stage commonly takes several months, and longer in complex cases.
- Early Settlement Panel: A mandatory, non-binding session in which volunteer attorneys review the economic issues and recommend a resolution. If both parties accept the recommendations, the case can be finalized.
- Mediation, settlement conferences, and trial: Cases that do not settle move on to additional settlement efforts and, if necessary, trial. You can learn more about resolving a case outside of court on our divorce mediation page.
As a general guide, an uncontested divorce can be finished in a few months, while a contested divorce commonly takes 12 to 18 months and can run much longer when custody or asset disputes are complex. These are rough ranges, not guarantees, and the court’s calendar affects every case.
Equitable Distribution in New Jersey: Fair Is Not Always 50/50
New Jersey is an “equitable distribution” state under N.J.S.A. 2A:34-23.1. That means marital assets and debts are divided fairly, which does not always mean equally. Courts look at factors such as the length of the marriage, each spouse’s age and health, the standard of living during the marriage, each spouse’s income and earning capacity, and the financial and non-financial contributions each made to the marriage. For many Morris County families, the marital estate includes the family home, retirement accounts, stock options, and business interests, all of which have to be identified and valued. Read more about how this works on our asset distribution page.
Alimony and Spousal Support in a Morris County Divorce
Alimony is decided case by case under N.J.S.A. 2A:34-23. Judges weigh each spouse’s need and ability to pay, the length of the marriage, the age and health of both parties, the marital standard of living, earning capacity, and parenting responsibilities, among other factors. Since New Jersey’s 2014 alimony reform, permanent alimony no longer exists. Courts instead award open durational, limited duration, rehabilitative, or reimbursement alimony. For marriages shorter than 20 years, limited duration alimony generally cannot last longer than the marriage itself unless there are exceptional circumstances. See our alimony page for a closer look at each type.
What Areas of Family Law Does a Divorce Attorney Specialize In?
Our divorce attorneys handle the many areas of family law that overlap in a divorce. These can include:
- Mediation
- Prenuptial and postnuptial agreements
- Child custody and parenting time
- Child support
- Alimony
- Division of assets
When you proceed with a divorce, these issues overlap and can be extremely difficult to sort out without a qualified attorney to guide you. The last thing you need to worry about is the legal procedure that surrounds the filing, so you can focus on protecting your rights and your future.
What Type of Services Does a Divorce Attorney Provide?
There is a great deal of paperwork involved in filing for divorce. The attorneys at Edens Law Group, LLC prepare and file the legal documents for your case, including depositions, interrogatories, and evaluations of financial assets. They advocate for you in pretrial motions and proceedings and, if your case goes to trial, counsel you on custody, visitation, and financial issues. They will work to obtain a resolution that fits your circumstances, which can involve restructuring a business, selling real estate, and dividing pension funds.
Why Should I Consider Hiring Divorce Lawyers in Morris County?
Divorce cases in Morris County move through the Family Part in Morristown, and a firm that handles these cases regularly can help you know what to expect at each stage. Our attorneys are sympathetic to both your emotional and financial needs as we work to resolve your case. We explain each issue as it arises so you can make informed decisions, whether the issue is a child custody question, alimony, or anything else.
Morris County Divorce FAQs
How long does a divorce take in Morris County?
An uncontested divorce can take as little as a few months. A contested divorce commonly takes 12 to 18 months and can take longer when custody or asset issues are complex. The timeline depends on how many issues the spouses disagree on and the court’s schedule.
Do I have to live in New Jersey for a certain amount of time before filing?
Generally, yes. At least one spouse must have lived in New Jersey for 12 consecutive months immediately before filing. Adultery-based divorces are an exception.
Where do I file for divorce if I live in Morris County?
Divorce cases are filed with the Superior Court, Family Part. If you or your spouse lives in Morris County, your case is typically handled at the Morris County Courthouse in Morristown.
Is alimony permanent in New Jersey?
No. New Jersey eliminated permanent alimony in 2014. Courts now award open durational, limited duration, rehabilitative, or reimbursement alimony depending on the facts of the case and the length of the marriage.
Will I get half of everything in a New Jersey divorce?
Not necessarily. New Jersey divides marital property equitably, meaning fairly based on the circumstances of the marriage. The result may or may not be an equal split.
Our NJ law office serves the whole Morris County community, and is conveniently located just 28 minutes away from Rockaway Townsquare and 28 minutes away from Morris County Golf Club. Contact us immediately at 908-529-0353 to book a one-hour consultation at our law firm. As you move forward with your case, we can counsel you on your privileges as well as any legal choices you may have.