Red Bank Divorce Attorney

Divorce

Strategic Representation for All Types of New Jersey Divorce Cases

The end of a marriage can raise sensitive, complicated issues. While that can mean bitter fights from the start of some cases, even the most amicable divorces can devolve into battles when it’s time to work out the details.

The Red Bank divorce lawyers at Dwyer, Bachman, Newman & Solop Attorneys at Law have a deep understanding of just how complex and contentious divorce cases can be—and we know how to represent and guide our clients at every step to help them:

  • Understand their rights and options in divorce
  • Protect their interests and avoid costly mistakes as their case proceeds
  • Seek favorable outcomes to their divorce, so they can move on and focus on the next phase of their lives

What Are Grounds for Divorce in New Jersey?

New Jersey law provides fault and no-fault grounds for divorce:

  • No-fault divorce in New Jersey: This would involve grounds of “irreconcilable differences,” meaning there has been an irreparable breakdown of the marriage (and no one party is to blame for it). To qualify for this type of filing, the marital breakdown must have lasted for at least 6 months, with no hope of repairing the relationship.
  • Fault-based divorce in New Jersey: There are several fault-based grounds for New Jersey divorces, including adultery, substance abuse, criminal convictions, cruelty, and desertion. Either party of the couple must be a resident of New Jersey to file for a fault-based divorce in the state.

What Happens During a Divorce Case in New Jersey?

Divorce involves deciding how certain matters will be resolved to legally end a marriage. These matters generally include (and are not limited to):

  • The division of the marital property
  • Spousal support
  • Child custody
  • Child support

How these matters are resolved will largely depend on the couple. That’s because, when exes can agree on all of the terms of their divorce, they can usually get the process completed quickly, with minimal court involvement. When disputes arise—and when these disputes can’t be resolved via mediation or arbitration—the family court will step in to make the final decisions.

No matter how amicable or embittered divorcing parties are with each other, an experienced lawyer can be crucial to getting through divorce as favorably and efficiently as possible.

When it’s time to dissolve a marriage in Monmouth County, it’s time to contact a Red Bank divorce lawyer at Dwyer, Bachman, Newman & Solop Attorneys at Law. Our boutique family law firm is home to talented, trusted attorneys who are known for their dedication and compassion, as well as their expertise and record of success.

Strategic Representation for All Types of New Jersey Divorce Cases

The end of a marriage can raise sensitive, complicated issues, from spousal support and the division of property to child custody and child support. That can mean bitter fights from the start of some cases. It can also mean that even the most amicable divorces devolve into battles when it’s time to work out the details.

The Red Bank divorce lawyers at Dwyer, Bachman, Newman & Solop Attorneys at Law have a deep understanding of just how complex and contentious divorce cases can be—and we know how to represent and guide our clients at every step to help them:

  • Understand their rights and options in divorce: Don’t make short-sided decisions because you’re angry or you don’t know there are better options. We’ll explain what’s at stake and be the experienced counsel you can trust when it’s time to make the tough choices.
  • Protect what’s most important as their case proceeds: With our strategic counsel, you’ll know what you need to do to avoid compromising your case, your standing, and your goals.
  • Seek favorable outcomes to their divorce: We’ll work relentlessly to get the best possible results and bring your case to a favorable close so you can move on with your life.

Call (732) 431-0150 for exceptional divorce representation throughout Monmouth County, NJ.

From mediation and arbitration to high-net-worth divorce and cases involving allegations of domestic violence, our experienced attorneys are highly skilled at counseling clients through all types of divorce cases.

What Is the Divorce Process in New Jersey?

Divorce is the legal process of deciding how certain matters will be resolved in order to dissolve the marriage. These matters generally include (and are not limited to):

  • The division of the marital property
  • Spousal support
  • Child custody
  • Child support

How these matters are resolved will largely depend on the couple. That’s because, when exes can agree on all of the terms of their divorce, they can usually get the process completed quickly, with minimal court involvement. When disputes arise—and when these disputes can’t be resolved via mediation or arbitration—the family court will step in to make the final decisions.

Here’s how the New Jersey divorce process usually works, from start to finish, when disputes arise:

1. A spouse files for divorce.

This is the Complaint for Divorce, and it should be filed in the county of residence. The filer is also referred to as the petitioner or plaintiff in the divorce case.

Once the court accepts the filing, it will notify the petitioner, and (s)he will have 10 days to serve the other spouse with a copy of the complaint.

2.The other spouse has 35 days to file a response.

After being legally served with divorce papers, the recipient (the respondent or defendant) will have the legal opportunity to dispute any point in the initial filing.

An undisputed case could end here, with the respondent not filing any paperwork with the court if (s)he agrees to the terms of the divorce, as explained in the initial complaint.

3. The divorce case will head to pre-trial proceedings.

This is done to resolve the case out of court. It includes proceedings with the Early Settlement Panel, economic mediation, and then an intensive settlement conference. It’s mandatory because the courts want to be sure that all other options have been exhausted and unsuccessful before stepping in.

4. The divorce trial occurs.

This is when each spouse will show evidence to support their argument(s) and/or allegation(s). The length of the trial will depend on how complicated and/or extensive the disputes of the divorce are.

5. The judge will issue a final ruling.

After each side is done presenting their case, the judge will deliberate and make a final ruling on all disputed matters. The ruling will be the final divorce decree, which will detail the terms of the divorce and how the disputed issues were settled.

The final divorce decree will then stand until or unless:

  • An appeal to the divorce judgment is successful: Grounds for appeals can be an abuse of discretion, incorrect application of the law, insufficient finding of fact, and more.
  • The decree is modified in the future: Support payments and/or custody orders can be modified in the future if there has been a substantial change in circumstances that require a modification. For example, job loss, remarriage, the birth of a new child, and/or a new health condition may make it necessary to change these orders. In these cases, the court will step back in, review the facts, and determine whether a modification is needed.

How Long Does It Take to Get Divorced in NJ?

Every case is different, and the more complex a case is, the longer it tends to take. On average, it takes about 1.5 years for New Jersey divorce cases to be wrapped up. Most cases, however, are resolved somewhere between 6 and 24 months.

Is Red Bank a ‘No-Fault’ City & What Does ‘No-Fault’ Mean?

Red Bank, Monmouth County, and New Jersey have a fault and no-fault options for divorce. Here’s a closer look at what that means and how it impacts the grounds for filing for divorce in New Jersey.

Fault & Grounds for a Divorce in Monmouth County

In Monmouth County and throughout the state, New Jersey law provides two basic pathways for divorce. The option is chosen impacts the available grounds for divorce.

  • In no-fault cases in Monmouth County, the ground for divorce would be “irreconcilable differences,” meaning there has been an irreparable breakdown of the marriage. In no-fault divorce, no one party is to blame for it. To qualify for this type of filing, the marital breakdown must have lasted for at least 6 months, with no hope of repairing the relationship.
  • In a fault-based divorce in Monmouth County, there are several grounds for divorce, including adultery, substance abuse, criminal convictions, institutionalization, cruelty, and desertion. Either spouse must be meet the residency requirements in order to be legally eligible to file for fault-based divorce in Monmouth County, NJ.

What Is the Difference Between Contested & Uncontested Divorce in New Jersey?

Contested divorce cases involve disputes, and uncontested divorce cases don’t. So, if a couple agrees on how to divide property, handle support payments, and/or resolve other issues, the case will be uncontested. This can happen when:

  • Couples are able to compromise.
  • There are no children and minimal assets to fight over.
  • There is an existing agreement dictating how these issues should be handled, like a mutually recognized prenuptial agreement.

If even a single matter is a source of disagreement, the divorce will be a contested case. Officially, a divorce becomes contested when the response to the initial divorce petition has been filed.

When it comes to contested and uncontested divorce cases in New Jersey, it’s essential to know that:

  • Uncontested cases don’t always stay that way: Divorce can require a deep dive into finances and sensitive personal issues. As that happens, it can be easy for switches to flip in even the most amicable of situations, and it’s even more critical to have an attorney in your corner.
  • The same goes for contested divorce cases: The sooner lawyers are involved in a Monmouth County divorce case, the sooner they can start working towards a resolution. That can mean heading off potential fights that could derail the case. It can also mean helping exes find workable compromises.

How Long Do I Have to Live in Monmouth County Before Filing for Divorce?

One year. After living in Monmouth County for 12 months, you can file for divorce here. The same holds true for any county in the state of New Jersey, and only the spouse who is filing for divorce has to meet this residency requirement (both spouses do not).

How Are Assets & Debts Divided in a NJ Divorce?

The assets and debts that comprise the marital property will be divided in a way that:

  • Complies with the terms of a valid prenuptial or post-nuptial agreement: Depending on the terms, there may be specific directions for how and when certain assets, from homes, vehicles, and jewelry to bank holdings and insurance policies, should be divvied up. The only way those terms won’t be honored is if one party can prove the agreement is invalid.
  • Is equitable: If there’s no pre-or postnup in place and the exes can’t agree on how to split property, the court will make a decision that is “equitable.” That doesn’t mean a 50-50 split. It means a “fair” division. What’s “fair” is based on factors like the length of the marriage, the income and earning potential of each spouse, the health and age of each, and more.

It’s important to understand how the division of property could impact your life after divorce. Dwyer, Bachman, Newman & Solop Attorneys at Law is ready to help you fight for the fair division of property you deserve.

Will I Have to Go to Court to Settle My Divorce?

You will if there’s no way to resolve your case through the many out-of-court options that are available. One of those options, divorce mediation, is usually the best alternative to trial. In fact, with divorce mediation, it can be possible to:

  • Devise custom resolutions: You know your ex, your children, and/or your family dynamic better than anyone. If you can be a part of the decision-making process through mediation and it’s possible to come to an agreement, the chances are that you and your ex will find the resolutions to be much more favorable and gratifying.
  • Feel more empowered in divorce: When the end of a marriage brings chaos and things seem out of control, mediation can provide an important sense of empowerment and control, giving exes some say in how their case will be resolved (as long as an agreement can be reached).
  • Get through divorce faster: With divorce mediation, there’s no waiting on the courts. Instead, you and your ex, along with the lawyers and mediator, set the schedule. That can mean working on a resolution far sooner than would ever be possible with the courts. And quick resolutions can be the key to putting the stress of divorce behind you ASAP.
  • Keep the details of the divorce private: Mediation is private. Divorce trial and court proceedings are not (unless a special petition is filed and approved). For those who don’t want the details of their financial situations, marital issues, and divorce arguments to become part of public records, the privacy offered by divorce mediation can be a huge benefit.

Of course, divorce mediation is not suited for every case or couple. When domestic violence or abuse is an issue—or when there is simply no hope of finding common ground—mediation may not work. In those cases, divorce trial may be a necessary part of the process. And, then, it’ll be more important than ever to have the representation of a divorce lawyer.

How Can a Divorce Attorney Help Me?

When it’s time to dissolve marriage in Monmouth County, it’s time to contact a Red Bank divorce lawyer at Dwyer, Bachman, Newman & Solop Attorneys at Law. Our boutique family law firm is home to talented, trusted attorneys who are known for their dedication and compassion, as well as their expertise and record of success.

Call (732) 431-0150 for essential legal advice about your divorce case.

Backed by more than 100 years of combined family law experience, we have the knowledge, skills, and insights to provide tireless, fierce advocacy for simple to complex divorce cases alike.

Our Red Bank divorce attorneys can also:

  • Anticipate and overcome potential challenges while working diligently to craft the strongest possible divorce case
  • Balance your emotional and financial needs related to the divorce, helping you figure out the best strategies and course(s) of action to fulfill those needs
  • Advise you at every step, empowering you to make informed decisions regarding your case
  • Champion your rights in any legal setting, from mediation to arbitration and court proceedings
  • Present the strongest possible case while setting it up for the best possible outcome

Related Articles

CONTACT US!  WE’RE HERE TO HELP!

For any inquiries, questions or commendations, please call