Need a Divorce Lawyer in Clifton, New Jersey?

The decision to get a divorce is never easy, and it often leaves individuals feeling overwhelmed, uncertain, or distressed about what the end of their marriage will bring. 

Along with the emotional turmoil of a divorce, there are also many practical considerations that make the process even more difficult. Divorces can be complicated because of the plethora of factors to consider, such as the division of assets, and child support and custody. 

Although emotionally trying, divorces are fairly common. Out of the 87,400 people who currently live in Clifton, New Jersey, 8.9% are divorced. Almost 8,000 people in your community have dealt with this same process. You are not alone in your decision to get a divorce, but you also deserve to have an attorney and not be alone in the divorce process. With the guidance of an attorney, your divorce proceeding can be significantly less stressful and difficult, both practically and emotionally.  

If you are planning to file for a divorce in Clifton, New Jersey, ease the burden of filing for a divorce and hire a capable, experienced attorney from Rosenblum Law. You can avoid costly mistakes and unfavorable outcomes with the help of one of our attorneys who have a deep understanding of the law, and who understand how to handle the complexities of a divorce.

The Process of Filing for a Divorce in Clifton, New Jersey

Filing for a divorce in New Jersey has a variety of steps and procedures that each party should be aware of:

1. Establish residency: At least one member of the couple has to be living in New Jersey to file the divorce in the state.
2. Decide the grounds for divorce: An individual should speak to an attorney about which ground(s), or reason(s) for the divorce, they should proceed with. Filing on no-fault grounds means the marriage is ending based on “irreconcilable differences”, but the individual isn’t trying to prove their spouse did something wrong. Filing on fault-based grounds aims to prove wrongdoing on the part of the other party because of accusations such as adultery or extreme cruelty. 
3. File the Divorce Complaint and other necessary documents: All of the documents necessary to file a divorce in New Jersey can be found here. It is advised to seek the assistance of an attorney to ensure all the paperwork is correctly filled out. 
4. Serve their spouse the divorce papers: The person filing the divorce has 30 days from when they filed the complaint with the court to serve their spouse all of the necessary documentation. This is generally done through personal service, but one can also pay for a process server or the county sheriff’s officer to deliver the documents. The other spouse has 35 days to respond.

Once the other spouse has responded to the divorce papers, the parties can decide to attend a mediation meeting. In the meeting, a neutral professional will meet with both parties to try and help them reach an agreement on the terms of their divorce. If an agreement cannot be reached through mediation, both parties can go through the litigation process, where they will attend a trial with their attorneys to settle the terms of their divorce. 

Legal Issues to Resolve in a New Jersey Divorce

Equitable Distribution of Assets and Debt 

In New Jersey, property division is based on the concept of equitable distribution, meaning property acquired during the marriage (marital assets) are divided equitably by the court. This does not mean that the assets will be split evenly. The court will consider many factors when dividing assets and any shared debt, such as: 

• The duration of the marriage 
• The income of each party 
• The standard of living established in the marriage 
• The ages of each party and their physical and emotional fitness

Child Custody and Child Support 

Child custody in New Jersey is decided based on the best interests of the child, which involves consideration of many factors, such as:

• The preference of the child when of sufficient age 
• The stability of the home environments 
• Each parents’ fitness 
• The continuity and quality of the child’s education 

The judge may impose any custody arrangement that it sees fit. For example, a joint custody arrangement is one in which both parents have responsibilities to make major decisions for the child and physically see the child. The court may also award one parent sole custody and assign visitation time with the child to the non-custodial parent. 

Under New Jersey law, both parents are financially responsible to pay for their children or children. This does not change when the parents get a divorce. 

Child support in New Jersey is calculated using the Income Shares Method, which is a formula that determines the contributions of each parent using their income. The court will also consider certain factors in the final decision of child support by following the New Jersey Child Support Guidelines. These guidelines are not set in stone, however. If a child has particular needs, such as medical needs, the court will consider these special circumstances as well.  

An attorney will have a thorough understanding of the New Jersey guidelines for both child support and child custody. If there are children in the marriage, it is important for the parties to consult with an attorney to ensure their rights and needs, and those of their children, are heard and advocated for. 

Alimony 

Alimony is financial support that one spouse is legally obligated to pay to the other in a divorce. In New Jersey, the court doesn’t use a specific formula to calculate how much one spouse owes the other. Instead, the court will evaluate many factors, such as: 

• The incomes of each party and their ability to pay alimony
• The need of each party to receive alimony 
• Current parental responsibilities 

Every Divorce Case is Different: Why an Attorney is Necessary

Every divorce case comes with its own challenges and details. Divorce proceedings can be quite complex for a number of reasons, such as whether the divorce is a contested or uncontested divorce. A contested divorce is one in which the spouses disagree on one or more of the major issues in the divorce, such as child custody or alimony. An uncontested divorce is one in which both parties agree on all the major issues and can sign the divorce settlement agreement without litigation.

Other issues that regularly come up in divorces include:

• Prenuptial and postnuptial agreements 
• High net-worth divorces where the division of assets is more complex 
• The presence of restraining orders or the unique needs of domestic violence victims

No one understands the complexities of divorce better than a divorce attorney. Regardless of an individual’s unique situation, an attorney will be able to create a legal strategy tailored to the needs and circumstances of their client.

Hire a Clifton Family Lawyer from Rosenblum Law

If you are filing for a divorce in Clifton, New Jersey, seek the help of a qualified and compassionate attorney at Rosenblum Law. We have years of experience handling complex divorce cases and creating legal strategies suited to the needs of our clients. 

No matter your situation, you can feel confident in your divorce proceeding with one of our attorneys by your side. Our office is located in Clifton, NJ in 777 Passaic Ave Suite #460. Contact us today for your free consultation, and learn how one of our attorneys can fight to ensure all of your needs in the divorce are addressed.

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Rosenblum Law Clifton, New Jersey Office