Livingston Divorce Lawyer
The divorce process can be one of the most confusing, stressful, and emotional periods of an individual’s life, especially during lengthy, high-conflict proceedings. Fortunately, a caring and compassionate Livingston divorce lawyer may be able ease the burdens of this type of litigation. Whether you need help negotiating an alimony agreement or a parental rights advocate, the dedicated family law attorneys in New Jersey at our firm are ready to help.
Grounds for Divorce in New Jersey
While the state permits spouses to file for divorce without placing blame, or for “irreconcilable differences,” New Jersey still permits the following fault-based filings under New Jersey General Statute § 2A:34-2:
- Extreme cruelty, including emotional, mental, physical, and sexual abuse
- Willful abandonment/desertion (more than 12 months)
- Imprisonment (more than an 18-month sentence)
- Inability to reconcile after 18 months of separation
- Mental institutionalization for more than 24 months
- Habitual drug or alcohol addiction of more than 12 months
Most grounds for marriage dissolution, except adulterous conduct and abuse, have certain time constants. Even parties filing for a no-fault divorce must show the marriage broke down over at least six months. A local attorney could help a couple considering divorce understand and gather the evidence necessary to support the corresponding dissolution petition.
Drafting Separation and Divorce Agreements in Livingston
Family courts generally recommend divorcing spouses attend mediation to discuss issues such as property distribution and their children’s futures before going before a judge for a final approval on their divorce decree. Once a judge reviews any agreements made in mediation, they may include them in the final dissolution order, making them legally binding. Parties could address various matters during divorce negotiations with help from a lawyer in the area. Some of these matters may include:
- Ownership of the marital home
- Distribution of marital property
- Division of pension plans and healthcare benefits
- Parenting schedules
- Child support
- Management of a joint business
When a judge reviews any agreements that deal with minor children, they must ensure that they comply with the best interests of the child as listed under state law. Those factors often look at the health of the relationships between family members and any allegations of abuse or neglect.
Additionally, when a judge assesses a spousal support or property division agreement, they look at several holistic factors before approval. Important considerations may include the length of the marriage, the parties’ financial and nonfinancial contributions to the household, the parties’ standard of living, and the overall ability of each to start a new life.
Contact a Livingston Divorce Attorney
If you and your spouse have decided to dissolve your marriage, you should speak with a seasoned attorney as soon as possible. This process often involves gathering evidence of marital breakdown and may take time to finalize.
A qualified Livingston divorce lawyer could help you file the correct petition and save you litigation expenses by drafting an enforceable divorce agreement. Call our experienced domestic relations team today to discuss how we may be able to help you through this process.