ZEIGLER LAW GROUP, LLC

PROVIDING ELITE DIVORCE SERVICES IN NEW JERSEY

Fair Haven Divorce Lawyer

Divorce is a major life transition that often harbors some of your life’s most emotional, financial, and legal challenges. Decisions regarding child custody, property division, and alimony can have lasting effects on your future without the right legal support to protect your rights and achieve a fair outcome.

In Fair Haven, Zeigler Law Group, LLC is committed to guiding you through every stage of the divorce process. Whether through negotiation, mediation, or litigation, a lawyer will work tirelessly to protect your rights, secure your financial future, and help you move forward with peace of mind.

What Are the Grounds for Divorce in New Jersey?

When divorcing in New Jersey, you must state a reason for the divorce when filing the petition with the court. The state recognizes both “fault” and “no-fault” grounds for divorce:

No-Fault Divorce: In a no-fault divorce, neither spouse is required to prove any wrongdoing or fault of the other and file for divorce based on the grounds of “irreconcilable differences.”
Fault-Based Divorce: This type of divorce is based on one spouse’s misconduct, such as adultery, cruelty, desertion, substance abuse, or imprisonment. In fault-based divorces, the spouse who files must provide evidence supporting their claims.

In New Jersey, you cannot file a joint petition for divorce. One spouse must file the complaint for divorce, and the other must respond. Despite single filing, both parties can work together to reach an agreement on the terms of the divorce, which can then be presented jointly to the court for approval.

What Is the Difference Between Contested and Uncontested Divorce?

An uncontested divorce refers to both spouses agreeing on all terms of the divorce, including division of property, child custody, and support. This type of divorce is typically faster, less expensive, and less contentious.

A contested divorce occurs when spouses cannot agree on one or more divorce terms. Contested divorces often require the court to resolve disputes, making the process longer, more expensive, and more adversarial.

What Are the Residency Requirements for Divorce in New Jersey?

At least one spouse must have been a resident of New Jersey for at least one year before filing for divorce, except for adultery. If the grounds for divorce are based on adultery, the residency requirement is waived. It is important to ensure these requirements are met to avoid delays or complications during divorce proceedings.

Can I Divorce in New Jersey if My Spouse Lives in Another State?

You can divorce in New Jersey if you meet the one-year residency requirements. The court will have jurisdiction over the divorce, but additional steps may be needed to address issues such as serving divorce papers to an out-of-state spouse.

How Is Property Divided in New Jersey?

New Jersey is an equitable distribution state; assets acquired during the marriage are divided fairly, not necessarily equally. The courts consider several factors to determine fair division, including but not limited to:

Length of the marriage.
Age and health of each spouse.
Standard of living established during the marriage.
Income and earning capacity of each spouse.
Debts and liabilities of each spouse.
Economic circumstances of each spouse.
Each spouse’s contribution to the marriage.
Tax consequences of the proposed distribution to each spouse.
An existing prenuptial or postnuptial agreement.

What Is the Difference Between Marital and Separate Property?

The marital property encompasses all assets and debts both spouses acquire during the marriage. Common marital property includes income, real estate, vehicles, investments, and personal property obtained jointly or individually.

Separate property refers to assets and debts owned by one spouse before the marriage and inheritances, gifts, or legal settlements received individually during the marriage. However, if separate property is used to benefit both spouses jointly, it can be reclassified as marital property, such as using one spouse’s inheritance to purchase a family home.

What Is Divorce Mediation?

Divorce mediation can be a cost-effective and less contentious alternative to traditional divorce proceedings, with quicker resolutions and reduced emotional stress. Mediation is a process in which a neutral third-party mediator helps the spouses reach an agreement on the terms of their divorce. The mediator facilitates communication and negotiation, helping the parties identify needs and interests and find mutually acceptable solutions to various aspects of the divorce, such as property division and child custody.

If the parties reach an agreement through mediation, it can be presented to the court for approval and incorporated into the final divorce decree. Additionally, the confidentiality of mediation allows for more open discussions, which can lead to more custom and creative solutions.

What Are the Different Types of Child Custody?

In New Jersey, child custody is divided into different types that determine the rights and responsibilities of each parent and are based on the child’s best interests. The main types of custody include:

Legal Custody: Determines which parent has the right to make important decisions about the child’s education, healthcare, and general welfare. It can be joint, in which both parents share decision-making, or sole, with only one parent having authority.
Physical Custody: Refers to where the child primarily resides. Physical custody can be joint, in which the child spends significant time with both parents or sole, with the child primarily living with one parent and the other having visitation rights.
Sole Custody: Grants one parent both legal and physical custody, with full decision-making authority. The child resides exclusively with this parent, though the other may still have visitation rights.
Joint Custody: Allows both parents to share legal and sometimes physical custody.

What Rights Do Grandparents Have After Divorce?

Grandparents have the right to seek visitation with their grandchildren after a divorce, though they must demonstrate that visitation is in the child’s best interests. The court considers factors such as the relationship between the grandparent and the child, the relationship between the grandparent and the parents, and the impact of visitation on the child’s well-being.

How Can a Fair Haven Divorce Lawyer Help Me?

An experienced Fair Haven divorce lawyer can provide essential guidance and advocacy throughout the divorce process. A lawyer can help you understand your rights and legal options to make well-informed decisions about your future. Additional ways a lawyer can assist include:

Provides legal guidance on divorce laws and filing requirements and explains your legal rights and options.
Divides marital assets and debts fairly, making sure you get what you are entitled to, including property, savings, and retirement accounts.
Advocates for child custody and support to help secure the best possible arrangement for you and your children.
Negotiates alimony agreements to ensure fair financial support based on your situation.
Represents you in mediation or court to help you negotiate an amicable settlement.