ZEIGLER LAW GROUP, LLC

PROVIDING ELITE DIVORCE SERVICES IN NEW JERSEY

Haddon Heights Divorce Lawyer

When facing the complexities of divorce, you need a compassionate lawyer by your side. A Haddon Heights divorce lawyer is dedicated to providing legal representation to help you navigate this challenging time.

What Are the Requirements for Divorcing in New Jersey?

To file for divorce, at least one spouse must have resided in New Jersey for at least one year before filing, state the type of requested divorce, and the legal grounds for dissolving the marriage.

Types of Divorce

In New Jersey, there are two primary types of divorce: contested and uncontested:

Contested: A divorce is contested when the spouses cannot agree on key issues such as child custody, property division, alimony, or child support, and require court intervention.
Uncontested: When both spouses agree on all major aspects of the divorce, the divorce is considered uncontested and generally does not require court intervention.

Grounds for Divorce

New Jersey recognizes both no-fault and fault-based grounds for divorce:

No-Fault Grounds: Most New Jersey divorces are no-fault, based on the grounds of “irreconcilable differences,” which means that the marriage has broken down for at least six months and requires no more explanation of reasons.
Fault-Based Grounds: Divorces based on New Jersey’s legal grounds of adultery, abandonment, extreme cruelty, addiction, institutionalization, or imprisonment. Fault-based grounds can impact the court’s decisions on alimony and property division and must be proven during divorce proceedings.

Who Should File for Divorce?

While there are no rules regarding who files for divorce first, doing so can offer certain strategic advantages. Filing first allows you to set the tone of the proceedings, control over jurisdiction and timing, and time to hire a lawyer and prepare necessary documents before your spouse is aware. Additionally, being the petitioner may allow you to present your case first in court, which can be beneficial in contested divorces.

What Are My Options for Serving My Spouse with Divorce Papers?

Once you file the divorce complaint with the court, you must officially serve your spouse with divorce papers. You can deliver them to your spouse in person or through one of the following options:

Personal Service: The most direct and legal method, a sheriff or professional process server personally delivers the documents to your spouse.
Certified Mail: You can send the papers by certified mail with a return receipt request to ensure they are delivered and to document the date. However, if your spouse refuses to accept them, you may need to use another method.

Once your spouse has been served, they must answer each point in the complaint or file counterclaims within 35 days. If your spouse fails to respond, the court can issue a default judgment against them, granting the divorce and your requests in the petition.

What Are Common Mistakes to Avoid During Divorce?

Going through a divorce can be emotionally overwhelming, and it is easy to make mistakes that can impact the outcome of your case, such as:

Failing to fully disclose assets and debts.
Letting emotions drive decisions.
Disregarding the importance of a parenting plan.
Overlooking potential tax implications.
Not considering future financial needs.
Neglecting to update estate planning documents.
Failing to keep accurate records.
Posting or commenting about the divorce on social media.

Working with an experienced Haddon Heights divorce lawyer can help you avoid these pitfalls and navigate the divorce process seamlessly.

How Are Marital Assets and Debts Divided During Divorce?

Marital assets include all property and income acquired by either spouse during the marriage, such as real estate, vehicles, bank accounts, investments, and retirement accounts. In New Jersey, assets are divided equitably, not equally, based on factors such as the length of the marriage, each spouse’s income, and the economic circumstances of each spouse at the time of the division. Debts incurred during the marriage are also divided in the same manner and based on many of the same factors.

Property division in a divorce can be a contentious issue, especially when significant assets are involved. A knowledgeable lawyer can help ensure that all assets are identified, accurately valued, and fairly divided between both spouses.

Can I Keep My House After Divorce?

Whether you can keep your house after a divorce depends on several factors, including state property laws, ownership status, and financial circumstances. In equitable distribution states such as New Jersey, courts divide property fairly but not necessarily equally, considering factors like each spouse’s contributions, financial needs, and custody arrangements.

If the home is marital property, you may need to buy out your spouse’s share or negotiate a trade for other assets. If children are involved, courts often prioritize stability, allowing the primary caregiver to remain in the home. Understanding your legal rights and financial options is crucial to determining whether keeping your house is feasible.

What Are Alternative Dispute Resolutions in Divorce?

Navigating a divorce can be overwhelming, but there are alternative methods to traditional litigation that can make the process more manageable and less contentious. Alternative dispute resolution (ADR) methods provide couples with more control over their own divorce and the opportunity to reach amicable agreements with the help of professionals. Common types of ADR utilized in divorce proceedings include:

Mediation: A neutral third party facilitates discussions and negotiations between the spouses to help them reach a mutually acceptable settlement.
Collaborative Divorce: Both parties and their attorneys commit to resolving issues outside of court through cooperative negotiations.
Arbitration: An arbitrator, acting as a private judge, makes binding decisions on disputes after hearing both sides’ arguments.

How Is Child Support Calculated?

Child support is determined using a variety of factors to ensure that the financial needs of the child are met in a fair and just manner. In New Jersey, the courts use the New Jersey Child Support Guidelines, which consider several key elements, such as:

Income of both parents.
Amount of time each parent spends with the child.
Child’s specific needs, including education, healthcare, extracurricular activities, and standard of living.
Cost of health insurance for the child.
Other relevant factors, such as alimony payments, existing child support obligations for other children, and any special needs of the child.

Child support orders can be modified if there has been a significant change in circumstances, such as a change in income, employment status, or the child’s needs.

How Can Zeigler Law Group, LLC Help?

Sonya K. Zeigler, Esq. at Zeigler Law Group, LLC is a dedicated and experienced divorce lawyer who provides compassionate representation. With decades of experience and deep knowledge of New Jersey divorce law, Sonya provides dedicated support through every step of the divorce process. She safeguards your best interests and ensures you achieve the best possible outcome as you begin your next chapter.