Need a Divorce Lawyer in New Jersey?

A men’s divorce lawyer is a better choice for men than a general divorce lawyer. Men’s divorce lawyers specialize in men’s and father’s rights. They know and apply the laws that are designed to put spouses on an equal playing field. 

Divorce is difficult for everyone. But for men who don’t know their rights, it can be especially painful, because men often face discrimination in divorce cases. A men’s divorce lawyer will be able to protect your rights through mediation, negotiation, and litigation.

Rosenblum Law divorce attorneys specialize in helping men understand and protect their rights in matters of divorce. Contact us today to schedule your free consultation. 

Understanding Divorce Laws in New Jersey

Divorce laws in New Jersey are designed to make divorce settlements equitable for both spouses. Knowing the law is important for protecting your rights. Here is an overview of the most important New Jersey divorce laws.

Grounds for Divorce in New Jersey

There are both fault and no-fault grounds for divorce. The grounds for divorce may or may not affect other matters in the divorce. 

If your spouse has filed for divorce and claims grounds for divorce that you don’t agree with, this can be contested in the Answer and Counterclaim. 

The fault grounds for divorce that may impact other matters include:

• Adultery
• Willful and continued desertion for a period of 12 months
• Extreme cruelty
• Alcoholism or drug addiction lasting for 12 months
• Institutionalization for mental illness lasting 24 consecutive months
• Imprisonment for 18 months 
• Deviant sexual conduct

Adultery does not affect child custody or financial matters unless there is a premarital agreement that has a clause about adultery. The rest of the fault grounds for divorce could impact child custody matters, but financial matters are not impacted unless there is a premarital agreement that makes them significant. 

There are also no-fault grounds for divorce: irreconcilable differences lasting six months or more, and separation lasting 18 months. 

Section 2A:34-10 of the New Jersey State Code provides that one spouse must have been a state resident for one year to file for divorce in the state, unless the grounds for divorce are adultery. 

Key Legal Aspects of Divorce in New Jersey

Other New Jersey divorce laws focus on key legal aspects of divorce. 

Equitable Distribution of Marital Assets

Section 2A:34-23.1 of the New Jersey state code lays out how property and assets are to be divided between spouses. Equitable distribution does not necessarily mean a 50/50 split. Rather, the goal is to leave both spouses close to the same standard of living that they enjoyed during the marriage.

Criteria for equitable distribution include:

• The duration of the marriage
• The age and physical and emotional health of the spouses
• The income and property brought to the marriage by each party
• The standard of living established during the marriage
• Prenuptial agreements
• The economic circumstances of either party
• The income and earning capacity of each party
• The contribution of each party to the education, training, or earning power of the other
• The contribution of each party to marital property, including contribution as a homemaker
• The present value of the property
• The need of a parent getting physical custody to occupy the marital home
• The debts and liabilities of the parties
• The extent to which a party put off their career goals

Child Custody and Support

Section 9:2-4 of the New Jersey State Code provides that the rights of both parents must be considered in custody matters. It also requires the court to ensure frequent and continuing contact between children and both parents. 

Criteria used to determine custody matters include:

• The parents’ ability to agree, communicate, and cooperate
• The parents’ willingness to accept custody and any history of a parent denying parenting time
• The interaction and relationship of the child with each parent and any siblings
• Any history of domestic violence or abuse
• The preference of the child if they are of sufficient age (usually 14)
• The needs of the child
• The stability of the home offered
• The quality and continuity of the child’s education
• The fitness of the parents
• The geographical proximity of the parents’ homes
• The extent and quality of time spent with the child prior to or subsequent to separation
• The parents’ employment responsibilities
• The age and number of children

Many men do not realize that they have equal rights to their children in a divorce. It is important to have an attorney on your side that understands a father’s rights and can protect them.

Criteria for determining child support are found in Section 2A:34-23 of the state code. These include the: 

• Needs of the child 
• Standard of living and economic circumstances of each parent
• Need and capacity of the child for education including higher education
• Age and health of the child and each parent
• Income, assets, and earning ability of the child
• Responsibility of the parents for court ordered support of others
• Reasonable debts and liabilities of each parent

One parent is always considered the custodial parent for purposes of physical custody, and that parent doesn’t pay child support. The non-custodial parent will pay less support the more time they spend with the child.  

Alimony and Spousal Support

Alimony and spousal support criteria are also found in Section 2A:34-23 of the state code. These include the:

• Actual need and ability of the parties to pay
• Duration of the marriage
• Age and physical/emotional health of the parties
• Standard of living established during the marriage
• earning capacities, education levels, and employability of the parties
• Length of absence from the job market of the party requesting maintenance
• Parental responsibilities for children
• Time and expense necessary for the person seeking maintenance to get training or education to become employable
• History of financial or non-financial contributions to the marriage
• Equitable distribution of property
• Income from investments available to either party

Four types of alimony that can be awarded: 

• Open durational alimony
• Rehabilitative alimony
• Limited-duration alimony
• Reimbursement alimony

Prenuptial Agreements

Prenuptial agreements can generally be enforced unless they were signed under duress. 

Role of a Men’s Divorce Lawyer in New Jersey

A men’s divorce lawyer will ensure their client’s needs are met. For example, a men’s divorce lawyer will protect their client’s custody rights. The vast majority of divorces in New Jersey end with joint legal custody, with the wife having physical custody and the father getting the odd holiday and every other weekend. 

However, fathers have the right to continued and frequent parenting time with their children by law. Moreover, in some cases, giving the father physical custody is in the best interests of the child. A men’s divorce lawyer will fight for the father’s rights and ensure the best interests of the child are served.

Financial issues can also be a challenge for men in divorce. Many men in New Jersey end up paying alimony, and they must be prepared to negotiate fair spousal support. 

Although Pew Research reports that 40% of women are the primary breadwinner, only 3% of divorced women pay alimony. An experienced men’s divorce lawyer in New Jersey can help their client get the alimony they deserve.

A men’s divorce lawyer also will work with experts who can strengthen their client’s case. For example:

• Financial analysts can be used to ensure that the other spouse isn’t hiding assets. 
• Custody evaluators can provide expert opinions to back up the father’s request for physical custody. 
• Private investigators can be hired to determine if adultery or other behavior has been occurring.

FAQs About Men’s Divorce Lawyers in New Jersey

Contact Rosenblum Law Today

As you can see, it is very important to hire a specialized lawyer to navigate the complexities of divorce. Men should have an attorney who is experienced in fighting for men’s needs and father’s rights. 

Rosenblum Law has men’s divorce lawyers in New Jersey to help men protect their rights and get their needs met during divorce. Contact us today for more information or to schedule your free consultation.