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Divorce is a difficult process full of personal and legal issues. During a marital dissolution, parties must deal with sensitive matters like splitting up assets, creating a child custody agreement, and determining child support or alimony. In such a challenging time, it is important to have rigorous legal support from an experienced attorney on your side. A Maplewood divorce lawyer at our firm could provide crucial guidance through legal proceedings and work tirelessly to achieve a positive outcome in your case.
According to N.J. Revised Statutes §2A:34-8, filing for divorce in New Jersey requires that one or both spouses has been a resident of the state for at least a year. The only exception to this is in cases involving adultery. The statute lists various reasons that may legally warrant a divorce, including desertion, addiction, mental illness, and adultery.
However, New Jersey law does not require a finding of fault to terminate a marriage. Irreconcilable differences, as well as a separation of eighteen months or longer, are also considered grounds for divorce. A knowledgeable attorney in the area could further explain the nuances of New Jersey’s “no-fault” law to someone seeking a divorce.
Matters involving children can be some of the most difficult and emotional of legal issues in a marriage dissolution. Because of this, it is often necessary for divorcing parents in Maplewood to consult a well-practiced attorney. A legal advisor could outline the various factors the court will consider in determining custody and child support arrangements, such as:
Alimony exists to allow both spouses to continue the same standard of living even after their marriage ends. In Maplewood, either spouse can receive spousal support, depending on the situation. However, if a marital union lasted less than 20 years, the duration of alimony payments typically will not exceed the length of the marriage, with certain exceptions.
In New Jersey, only assets that are considered marital assets will be divided in the event of a divorce. Separate assets will not be divided and include property that a person owned prior to their marriage, or gifts that they received from somebody other than their spouse.
In general, marital assets and debts are those that were accumulated during the marriage up until the time of separation, and both may be divided during the divorce proceedings. Retirement benefits are usually considered marital property if they were earned during the marriage.
However, courts generally consider inheritance to be separate property if it was inherited by just one spouse. The division property may be complicated if the inheritance was commingled with marital assets, such as in a joint bank account. A diligent local attorney with vast experience in divorce cases could help sort through these complexities.
The outcome of a divorce case can have a long-lasting impact on your life moving forward. When dealing with complex issues like custody, child support, division of assets, and alimony, it is important to have a Maplewood divorce lawyer by your side to advocate for your interests. Call the Williams Law Group today to speak with a knowledgeable member of our team.