Experienced Divorce Lawyers Near You in New Jersey
Divorce is often one of the most challenging experiences a person can face, especially when children or complex financial matters are involved. The stakes are incredibly high, so it’s vital to have an experienced divorce attorney by your side.
At Sarno da Costa D’Aniello Maceri Webb LLC, we understand the emotional and financial challenges families often encounter when coping with a divorce. As lead counsel of our family law team, Angelo Sarno brings decades of experience to every case. Our divorce lawyers in New Jersey are dedicated to guiding you through this life-changing transition with compassion and unyielding advocacy.
Understanding Divorce in New Jersey
New Jersey permits divorce on either fault or no-fault grounds. You must formally state a cause of action, which is the legal reason for ending the marriage. Typically to file for a divorce in New Jersey, one spouse must have been a resident of the state for at least one year immediately prior to filing the complaint. Our divorce attorneys can review your case and advise you on the most appropriate path for your situation.
No-Fault Divorce
A no-fault divorce is the most common and efficient route for marriage dissolution in New Jersey. It allows parties to move forward without lengthy, contentious disputes. The main no-fault grounds for divorce in New Jersey include:
- Irreconcilable differences – This is the most frequently cited reason for divorce. It means that the marriage has broken down for at least six months, and there is no reasonable hope of reconciliation. Most no-fault divorce agreements are negotiated by attorneys or settled through mediation or arbitration. Although the final agreement must be approved by the court to ensure fairness, it allows you to avoid publicly detailing the conflicts that led to the divorce.
- Separation – This option applies if you and your spouse have lived physically apart in different homes for at least 18 consecutive months with no reasonable chance of reconciliation.
Fault-Based Divorce
Filing under fault grounds requires clear proof of misconduct by one spouse. There are specific fault-based grounds for divorce in New Jersey:
- Adultery – A spouse’s infidelity can be cited as the reason for divorce in New Jersey. Proving adultery can be complex and requires evidence, not just suspicion or an accusation. That’s why it’s vital to have an experienced divorce attorney by your side.
- Willful desertion – When a spouse willfully and continuously leaves the other for a period of 12 months or more, divorce may be sought on willful desertion grounds.
- Extreme cruelty – Physical or mental abuse that jeopardizes your health or safety or makes it unreasonable to stay in a residence with your spouse can be used as a fault ground in New Jersey. If you’ve suffered abuse at the hands of your spouse, your divorce lawyer can determine whether pursuing a marital tort can help you find justice and compensation for the harm they’ve caused.
- Substance abuse – When your spouse has an addiction to drugs or alcohol for more than 12 consecutive months, you may file for divorce on these grounds.
- Institutionalization – If your spouse has been confined in a psychiatric institution for 24 consecutive months, institutionalization can be used as grounds for divorce.
- Imprisonment – You may divorce your spouse on fault grounds if they have been imprisoned for 18 months or more. If they have been released, you must prove that you haven’t resumed living together.
- Deviant sexual conduct – This can be grounds for divorce if one spouse has engaged in deviant sexual conduct without the other’s consent.
The cause of action you select when filing for divorce depends on your unique situation. Filing on fault grounds is usually contentious and may be wrought with emotional upheaval. Our compassionate and experienced New Jersey divorce lawyers can clarify the implications of the options you’re considering and stand by your side every step of the way.
What is Absolute Divorce vs. Divorce from Bed and Board?
Although most people seek an absolute divorce, which completely ends the marriage and allows both parties to remarry, there is also another option called divorce from bed and board.
Much like a typical divorce, issues such as property division and parenting plans are addressed in a divorce from bed and board, but the couple remains legally married. The primary benefit of choosing this uncommon option is often related to health insurance. If you’re still legally married, your insurance carrier may allow you to remain on your spouse’s plan.
Neither spouse can remarry unless they formally change the judgment to an absolute divorce. These matters can be complicated. Your New Jersey divorce attorney can explain divorce from bed and board and determine if it offers any benefit for you.
Elements of Divorce in New Jersey
Once the decision to file for divorce has been made, thorough preparation and a full understanding of the issues that will be addressed is paramount. Our family law attorneys can help you gather all relevant financial information and other evidence and build a strong legal strategy to achieve the best possible outcome for your case.
Equitable Distribution and Property Division
The fair division of all marital property and debts can be negotiated out of court but must ultimately be approved by a judge to finalize a divorce. Marital property includes everything from homes to retirement funds and business assets. We must also determine what is considered separate property, such as real estate purchased by a spouse before marriage. It’s important to note that equitable distribution doesn’t necessarily mean assets are equally divided, but are split according to what the court deems fair.
Courts consider various factors to ensure a final agreement is fair to both parties. There are many layers and legal nuances to navigate when it comes to property division and equitable distribution. It’s vital to seek the counsel of a knowledgeable divorce attorney with a deep understanding of the law and is dedicated to voraciously advocating for your interests.
Alimony
In a divorce, one spouse may be entitled to financial support from the other so the recipient can maintain a lifestyle comparable to the one enjoyed during the marriage. This is known as alimony.
There are several types of alimony in New Jersey, including:
- Alimony pendente light is temporary support ordered by the court after a divorce has been filed but isn’t yet finalized. Its purpose is to ensure that both spouses have financial resources to cover their expenses until the final judgment of divorce is entered.
- Open durational alimony is typically reserved for long-term marriages of 20 years or more. This type of spousal support has no set end date but may be modified or terminated by the court if there is a significant change in circumstances, such as remarriage or retirement.
- Limited duration alimony is sometimes granted in cases involving marriages that last fewer than 20 years. It is awarded for a fixed amount of time.
- Rehabilitative alimony is provided for a set period to enable a spouse to obtain education or training to become self-supporting.
- Reimbursement alimony compensates a spouse who provided financial support for the other’s education or professional training with the assumption that both spouses would benefit. It is paid either as a lump sum or in a series of payments.
The type, amount, and duration of alimony someone pays or receives depends on the specific circumstances. Some factors the court considers include the length of the marriage, each person’s income and earning capacity, and the needs of the receiving spouse.
Alimony in a Fault Divorce
Clients often ask our family law attorneys whether marital fault such as adultery impacts alimony. Generally, the cause of the divorce doesn’t affect an alimony award. However, a judge may consider fault in two specific instances:
- If misconduct had had a significant negative impact on the parties’ finances, it could affect the amount and duration of alimony. Examples include squandering money on an addiction or affair.
- When the fault of a spouse is so egregious that granting alimony would result in a fundamental injustice, a judge may refuse to order it. However, this is a very high standard reserved only for truly shocking behavior.
Our experienced divorce attorneys can help you understand how alimony works, gather evidence, build strong arguments that support your position, and work to reach a resolution that’s fair for everyone involved.
Child Custody and Parenting Plans
Our compassionate family law attorneys understand that nothing is more important than your child’s well-being. We know that negotiating child custody arrangements and parenting time can be one of the most sensitive, emotionally trying parts of the divorce process. When determining custody, the court considers various factors based strictly on the best interests of the child.
Types of Child Custody in New Jersey
There are two main elements of child custody in New Jersey. Typically, parents share legal custody, which allows them to make major decisions about important matters such as the child’s education, healthcare, and religious upbringing. Physical custody determines where the child lives and the specific arrangements for the time the child spends with each parent.
Creating a Parenting Plan
Custody arrangements are detailed in a comprehensive parenting plan, which includes a detailed schedule for daily life, weekends, holidays, and vacations. Our divorce attorneys work with you to craft a plan that supports your child’s well-being while protecting your right to spend meaningful time with them.
Why Choose Our Family Law Team for Your Divorce in New Jersey?
At Sarno da Costa D’Aniello Maceri Webb LLC, we know that choosing a divorce lawyer is a deeply personal decision. Our goal is to provide you with the guidance and support you need to move on to the next chapter of your life with confidence. Our team has earned a strong reputation throughout New Jersey for compassionately and successfully handling all types of family law matters.
Professional Recognition and Compassionate Advocacy
Our dedication to excellence ensures you receive high-caliber legal representation you can trust. Angelo Sarno and other members of our team are certified by the Supreme Court of New Jersey as matrimonial law attorneys. This distinction reflects a verified level of experience, education, and skill in family law. Sarno da Costa D’Aniello Maceri Webb LLC is proud to be selected by peers for inclusion in Best Lawyers® in the fields of Family Law, Family Law Mediation, Mediation, and Arbitration – Plaintiffs.
Our deep knowledge of the law, proven success in navigating the New Jersey family court system, and genuine empathy for our clients set us apart from other law firms. The well-being of your family is our top priority, and our divorce lawyers are fierce advocates dedicated to helping you get through challenging times.
Contact a Divorce Lawyer Near You in New Jersey
Our family law team at Sarno da Costa D’Aniello Maceri Webb LLC is committed to helping families in New Jersey navigate issues like divorce and child custody with respect, compassion, and tenacity. Contact us or call 973-274-5200 to schedule a consultation with an experienced divorce attorney near you in New Jersey. We offer several convenient locations in
Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.
Frequently Asked Questions About Divorce in New Jersey
How long does a divorce take in New Jersey?
Timeframes for divorce vary significantly. An uncontested, no-fault divorce can be finalized in a matter of months, while cases that involve litigation can take a year or more.
Do I have to go to trial to get a divorce?
No. Although a final agreement must be approved by the court, our family law attorneys help many clients reach fair divorce settlements through negotiation, mediation, or arbitration.
How is child support handled in a divorce?
In New Jersey, child support is separate from the final divorce and custody agreements. The court uses the New Jersey Child Support Guidelines and considers various factors when calculating support amounts.
What happens to the house in a New Jersey divorce?
Often, the family home is one of the most significant assets in a divorce. Common ways ownership of the house is handled include:
- Selling the home and dividing the net proceeds
- One spouse buying out the other spouse’s interest in the home
- A deferred sale, which allows one spouse to continue living in the home for a defined period, such as waiting until the children graduate from high school.
Do I need a lawyer for my divorce in New Jersey?
Although it’s possible to get divorced without an attorney, it is not recommended. Your divorce lawyer manages complex legal filings, from the initial complaint to the final judgment of divorce. Most importantly, your family law attorney protects your interests and strongly negotiates on your behalf, which helps take the burden off your shoulders.
