1. Gather documentatio
You’ll need to gather documentation, such as marriage certificates, bank statements, tax returns, and other financial documents, before filing for divorce. An experienced lawyer can guide you through the documentation process.
But many people going through divorce often ask this questions: “how can I find the top divorce lawyers near me?” You’re in luck because you’ve already found the top divorce and family law experts near you. Get in touch with Sekas Law Group for a free consultation.
2. Choose the grounds for divorce
New Jersey have different grounds for divorce. In New Jersey, there are multiple grounds for divorce that a spouse can cite in their divorce complaint. The grounds for divorce can be classified into two categories: fault-based and no-fault.
Certain Fault-based grounds for divorce include:
- Adultery: One spouse is unfaithful to the other.
- Desertion: One spouse has left the other for one year or more consecutively.
- Extreme cruelty: One spouse has committed physical or emotional abuse, making it unsafe or unbearable for the other spouse to remain in the marriage.
- Addiction: One spouse has a history of drug or alcohol abuse that has made the marriage untenable.
- Imprisonment: One spouse has been imprisoned for 18 or more months after the marriage.
No-fault grounds for divorce include:
- Irreconcilable differences: The couple has differences that cannot be resolved, and the marriage has broken down irretrievably.
- Separation: The couple has been living apart for 18 or more consecutive months, and there is no reasonable prospect of reconciliation.
It’s important to note that New Jersey is a “no-fault” divorce state, meaning that neither spouse has to prove that the other spouse is at fault for the divorce to be granted. No-fault divorce is usually simpler, faster, and less expensive than fault-based divorce.
However, if one spouse is at fault for the breakdown of the marriage, it can affect the division of assets, child custody, and other issues in the divorce settlement.
There are also several grounds for divorce that a spouse can cite in their divorce petition. The grounds for divorce are also classified into two categories: fault-based and no-fault.
Fault-based grounds for divorce include:
- Cruel and inhuman treatment: One spouse has subjected the other to physical or mental abuse, making it unsafe or unbearable for the other spouse to remain in the marriage.
- Abandonment: One spouse has abandoned the other for a continuous period of one or more years.
- Imprisonment: One spouse has been imprisoned for three or more consecutive years after the marriage.
- Adultery: One spouse has committed adultery during the marriage.
No-fault grounds for divorce include:
- Irretrievable failure of union: The couple has differences that cannot be resolved, and the relationship between them has broken down irretrievably for a period of at least six months.
- Separation agreement: The couple has lived apart for at least one year.
It’s important to note that, like New Jersey is also a “no-fault” divorce state.
An experienced divorce lawyer will help you navigate the legal process and understand your rights and options. But how do I find an experienced divorce attorney near me, you ask? Well, at Sekas Law Group, we have a highly committed and experienced team of family lawyers with a track record of successfully handling divorce cases. Contact us now for a free consultation.
3. Hire a Top New Jersey Divorce Lawyer
Hiring a local New Jersey divorce lawyer is crucial in navigating the legal process. A divorce lawyer NJ can guide you through the complex legal issues involved in a divorce, including child custody, spousal support, and property division.
But choosing a divorce lawyer can be challenging because not all lawyers specialize in divorce cases. And if you’re like most people, you might wonder, “how do I find the best family law attorney near me?” Luckily, you’re at the right place. Sekas Law Group has a team of dedicated lawyers with extensive experience in divorce cases.
Get in touch with our divorce attorneys today to discuss your case and explore your options.
Legal Issues Involved in Divorce
Divorce involves several legal issues, including child custody, child support, alimony, and property division. A divorce or family law attorney can help you handle legal matters and ensure that your rights are protected.
Property Division
One of the most significant legal issues in a divorce is property division. In New Jersey, property is divided equitably, meaning that it is divided fairly but not necessarily equally.
When deciding how to divide property in a divorce, the court takes into account multiple factors such as the duration of the marriage, the income and earning capacity of both spouses, as well as the contributions made by each spouse during the course of the marriage.
Spousal Support
Another legal matter that arises in divorce cases is spousal support, also referred to as alimony. Spousal support involves one spouse providing financial assistance to the other after the divorce to help them maintain their livelihood.
In New Jersey, alimony is determined based on multiple factors, including the following:
- How long did the marriage last
- Both spouses’ income and earning potential
- The age and health of each spouse
- The standard of living during the marriage
- The contributions of each spouse to the marriage
- The education and training of each spouse
The court holds significant leeway in deciding whether or not to grant spousal support. The court’s verdict may include either provisional or long-term alimony, contingent on the specifics of the case.
Temporary alimony is typically awarded to help one spouse meet their financial needs during the divorce process and for a short period after. Permanent alimony is awarded to provide ongoing support to a spouse after the divorce is finalized.
Alimony can be a complicated issue, and it’s important to work with an experienced divorce attorney who can help you understand your rights and obligations. An experienced lawyer can help you negotiate a fair alimony arrangement or, if necessary, argue your case in court to ensure that your interests are protected.
But “how can I find experienced divorce lawyers near me, you ask?” There are several qualities to look for in a lawyer. We’ll explain it in detail later in this article.
Child Custody
The determination of child custody in New Jersey is founded on the welfare of the child. When deciding on custody arrangements, the court takes into account numerous factors, such as the child’s connection with each parent, the capability of each parent to meet to the child’s physical and emotional requirements, and the child’s preference (if they possess the capacity to express it).
Child Support
Child support is payments made by one parent to the other to help support the child financially. The court uses a specific formula to determine the amount of child support, taking into account the individual earning of the parents, how many children they have, and the time each parent spends with the child.
Navigating these legal issues can be challenging, so it’s important to have a skilled attorney on your side. An experienced lawyer can help you understand your rights and obligations and guide you through the legal process.
Taxes
Divorce can have significant tax implications, particularly when it comes to property division and spousal support. An experienced divorce attorney can help you understand how your divorce will impact your taxes and help you make informed decisions about property division and spousal support.
Business Interests
If one or both spouses have business interests, it can complicate the divorce process. Valuing a business and dividing its assets can be challenging, and it’s important to have an attorney with experience in business valuation and division.
Retirement Accounts
During most divorce cases, retirement accounts like pensions and 401(k)s are among the most substantial assets. But will family court lawyers near me help me with retirement accounts issues in my divorce, you ask? Well, your family law lawyer may provide you with legal assistance with your 401(k)s, IRA’s, and pensions, dividing retirement accounts can be complicated and may require the assistance of financial experts.
Debt Division
In addition to dividing assets, divorcing couples must also divide debt. This includes not only credit card debt and loans but also mortgages and other liabilities. As such, you might wonder “whether or not the family law attorneys near me will help me navigate the debt division matters in my divorce case?” The good news is that the lawyers at Sekas Law Group will provide you with complete guidance and legal assistance in resolving matters pertaining to debt division.
Domestic Violence
If there has been domestic violence in the marriage, it can impact several legal issues in the divorce, including custody and spousal support. An experienced divorce attorney can help you navigate these complex legal issues and ensure that you and your children are protected.
Did you land here searching for the “best family lawyers near me?” You’re at the right place. Sekas Law Group has an excellent reputation and extensive experience of handling family law and divorce cases.
