Flemington Divorce Lawyers
When going through a divorce, you must deal with the legal process while adjusting to significant changes in your life. The choices that you make can impact you in the future. Hiring a competent attorney is highly recommended. A Flemington divorce lawyer can fight for you to get the best result possible.
Grounds for Divorce in New Jersey
You need grounds to get a divorce in New Jersey. Grounds do not always equate to fault. Here are some of the grounds used for divorces in New Jersey:
- Irreconcilable differences;
- Extreme Cruelty;
How Property Is Divided in a New Jersey Divorce
New Jersey is an equitable distribution state. This means that marital property will be divided equitably and fairly, not an automatic 50/50 split. The court may consider several factors when dividing marital property, such as:
- Whether one spouse can earn money in the future.
- The contribution that each spouse made to the marital assets.
- The duration of the marriage.
- The economic circumstances of each party at the time of the divorce.
How Courts Decide Issues Involving the Children
In a child custody case, which both legal and physical custody must be decided. If one parent has physical custody, the other is entitled to visitation. The parents must agree on a visitation schedule that works for all parties involved. Alternatively, the parents could have shared physical custody.
The parents must also determine issues relating to the welfare of the children. They may share legal custody, allowing them both to participate in decisions. The parents would then need to decide how the decisions would be made. The custody agreement could state what parents agree on regarding the key issues surrounding the children’s upbringing.
If the court is called upon to resolve child custody disagreements, the judge will decide based upon the children’s best interests. New Jersey law lays out a long list of factors that a judge may consider in determining the child’s best interests. It is up to the judge which factors they consider and how they are weighed.
Alimony in a Flemington Divorce
One of the major issues in a Flemington divorce is whether one spouse needs to pay support to the other. The court may consider several factors in deciding whether to grant alimony and what type.
The following represent the various types of alimony in New Jersey:
- Open durational alimony: This is one of the most common types of alimony for marriages lasting 20+ years in duration.
- Limited duration alimony: This is when payments are ordered for a set period of time for marriages lasting less than 20 years in duration.
- Reimbursement alimony: This is often to pay a spouse back for their contributions to the other spouse’s career or education.
- Rehabilitative alimony: This supports the spouse while acquiring the skills to improve their financial situation.
How Your Divorce Case Is Resolved
Most Flemington divorce cases are resolved through negotiation. The spouses would ordinarily communicate with each other through their lawyers. Some cases are easier to resolve than others. There may be sticking points that can slow the negotiations. One way that spouses can bridge the gaps is by enlisting the help of a trained mediator. A mediator facilitates negotiations between the spouses and help them to resolve difficult areas.
If you cannot agree on the key issues of your case, you will likely have to litigate in court. After hearing both parties’ arguments, the judge will decide on the disputed matters. Most divorce cases do not proceed to trial.
How Long Does It Take to Resolve a Divorce?
Everything depends upon the facts of the case and whether your divorce is contested. An uncontested divorce will be resolved much quicker. It is possible a divorce can be finalized in just a few months if you and your spouse agree.
A contested divorce will take much longer because you must go through the entire litigation process, including discovery. You can expect the case to take, on average, one year. Your divorce could take even longer if there are complex issues or if you or your spouse file an appeal.
Do You Need a Divorce Lawyer?
Getting help from an experienced lawyer when you are going through a divorce is advisable. Our lawyers at Tune Law Group, LLC can help you by doing the following:
- Learning the facts of your case and giving you practical legal advice.
- Negotiating directly with your spouse’s lawyer.
- Handling the details of your case so that you can focus on other things.
- Helping you build your case by gathering information in the discovery process.
- Drafting or reviewing the language of a divorce agreement.
- Arguing your case in court if you cannot reach a settlement agreement.
Contact Our Flemington Divorce Lawyers at Tune Law Group, LLC Today
Our Flemington divorce lawyers at Tune Law Group, LLC can help you with all aspects of your family law case. Call us at 908-434-1061 or contact us online to schedule a free consultation. Located in Whitehouse Station, New Jersey, we serve clients in and around Hunterdon County, Monmouth County, Whitehouse, and Tewksbury.