Lavallette Divorce Lawyer

Divorce can be an overwhelming experience on your own. You need a compassionate and experienced divorce lawyer who understands the challenges and provides the guidance and support you need to navigate the legal process. Sonya K. Zeigler, Esq. will protect your rights.

What Are the Grounds for Divorce in New Jersey? 

New Jersey allows both fault and no-fault divorce. Most divorces are filed as no-fault on the grounds of “irreconcilable differences,” which means the marriage is broken beyond reconciliation, and neither spouse has to prove any wrongdoing. No-fault divorces are also the quickest and least expensive type of divorce.

In a fault-based divorce, the petitioning spouse files for divorce based on one or more legally recognized grounds, which include the following:

• Adultery
• Extreme cruelty
• Desertion
• Addiction
• Institutionalization
• Imprisonment
  

When asserting one or more grounds in a fault-based divorce, the filing spouse is responsible for providing proof supporting the claims.

How Long Does it Take to Get a Divorce in New Jersey? 

The length of the divorce process varies and depends on whether the divorce is contested or uncontested. In uncontested divorces, with both spouses in agreement on property division, child custody, and support, the divorce can be finalized within a few months.

In a contested divorce, however, disputes may require litigation, which can extend the process to a year or more. Each case is unique, and delays such as court schedules, financial disputes, or custody issues can drag the process out even longer.

How Is Marital Property Divided in New Jersey? 

Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title. Property may include real estate, bank accounts, investments, retirement accounts and pensions, vehicles, and personal property.

New Jersey is an equitable distribution state, meaning marital property is divided fairly rather than equally, such as community property states. The division is based on many factors, including but not limited to:

• Duration of the marriage
• Each spouse’s income and earning potential
• Marital standard of living
• Each spouse’s financial and non-financial contributions to the marriage
• Physical and emotional health of each spouse
• Age of each spouse
• Debts and liabilities of each spouse
• Any existing prenuptial or postnuptial agreements
• Current economic circumstances of each spouse
• Tax consequences
  

Separate property, such as assets each spouse owned before the marriage and inheritance or gifts acquired during the marriage, is generally not subject to division unless commingled with marital assets. 

Understanding how equitable distribution works is crucial to securing your financial future. A Lavallette divorce lawyer will carefully analyze your financial situation and advocate for a fair division of assets that protects your long-term interests.

How Is Child Custody Determined in New Jersey? 

New Jersey courts prioritize the best interests of the child when determining custody. Custody arrangements are categorized as legal custody, which is the right to make major decisions about the child’s upbringing, and physical custody, which refers to where the child primarily resides.

Parenting time (visitation) is arranged for the non-custodial parent. Factors influencing custody decisions include:

• The child’s relationship with each parent.
• Each parent’s ability to provide a stable environment.
• Any history of domestic violence or substance abuse.
• The child’s preference (if old enough to express a reasonable opinion).
• Each parent’s mental and physical health.
• The child’s adjustment to their home, school, and community.
• The willingness of each parent to foster a relationship between the child and the other parent.
  

Can I Relocate with My Children After Divorce?

Relocating with your children after a divorce in New Jersey can be a complex issue involving legal and emotional considerations. The court’s primary concern is always the child’s best interests, and any relocation decisions will be made in that context. If you wish to move out of state or to a distant location within the state, you must obtain either the other parent’s consent or a court order allowing the relocation.

In determining whether to allow the relocation, the court will consider the impact on the child’s relationship with the non-custodial parent and how relocating would affect the child’s education, social life, and connection to their current community. When requesting relocation, it is important to demonstrate that the move will enhance both your and the child’s quality of life and provide a well-thought-out plan for the child to maintain their relationship with the other parent.

How Is Child Support Calculated in New Jersey? 

Child support is intended to cover essential costs such as food, housing, education, and medical care. When determining child support allotments, New Jersey courts follow state child support guidelines that weigh various factors, such as:

• Both parents’ incomes
• Healthcare and childcare costs
• Marital standard of living
• Child’s special needs, if any
• Educational expenses
  

Do I Need a Lawyer for My Divorce? 

While you are not required to hire a lawyer when divorcing, having experienced legal representation can significantly protect your rights and financial future. Divorce involves complex legal procedures, and a skilled lawyer can help you navigate each step and advocate for your interests in child custody and support matters. Without proper legal guidance, you risk making costly mistakes that could impact your financial stability or parental rights. 

An experienced Lavallette divorce lawyer can provide essential guidance, ensuring you understand your legal rights and options to make informed decisions about your future. We can help divide marital assets and debts fairly, secure the best possible child custody and support arrangements, negotiate alimony agreements, and represent you in mediation or court if necessary.

Considering Divorce? A Lavallette Divorce Lawyer at Zeigler Law Group, LLC Will Help

Divorce can be overwhelming, but you do not have to go through it alone. Sonya K. Zeigler, Esq. is committed to guiding you through the process with skill and compassion. Whether you are considering divorce or need legal support for an ongoing case, Zeigler Law Group, LLC can help. To schedule a free consultation with a Lavallette divorce lawyer, call 732-361-4827 or contact us online. Located in Toms River, Red Bank, Princeton, and Mount Laurel, New Jersey, we serve clients in Ocean County, Monmouth County, Mercer County, and Burlington County.