Need a Divorce Lawyer in Montclair, New Jersey?

Ending a marriage is one of the hardest decisions someone can make. The emotional strain of leaving a marriage behind, coupled with the complicated nature of the divorce process, can leave someone feeling overwhelmed. 

About 43% of first marriages end in divorce, and divorce rates are higher for second and third marriages. Of the almost 40,000 people living in Montclair, New Jersey, 9.3% are divorced. Even more people being separated, in the process of a divorce proceeding, or contemplating filing for a divorce. The process of getting a divorce, from the initial filing to the divorce decree, will be significantly easier for those who have an attorney by their side.

If you are ready to get a divorce in Montclair, let one of our experienced attorneys from Rosenblum Law handle your case and ease the burden of filing for a divorce. Read on to learn more about how to prepare for the divorce, the legal considerations that will need to be resolved, and the importance of hiring an attorney to assist you in this process.

How to Prepare to File for a Divorce in Montclair, New Jersey 

If an individual is ready to file for a divorce, they should prepare by doing the following: 

• Decide the divorce grounds. In New Jersey, a divorce can be on no-fault or fault grounds. No-fault grounds mean the marriage is ending due to irreconcilable differences, and fault grounds mean the spouse filing is trying to prove wrongdoing on the other spouse. Examples of fault  grounds include adultery, extreme cruelty, or extended incarceration. 
• Gather important documents. Financial and other documents, such as bank statements, the marriage certificate, any prenuptial agreements, titles to assets, and bills will be important to have in the divorce proceeding. 
• Determine marital and separate assets. Marital assets are those acquired during the divorce, and separate assets are those acquired prior to the marriage. It is important to accurately delineate both types when negotiating the division of assets.
• Speak to the other spouse to develop a plan and assess disagreements. If possible, the spouses should try to settle important issues such as child custody. They should discuss these issues with an open mind while advocating for their individual goals. This will make the divorce proceeding easier, less time-consuming, and less costly. 
• Develop a plan for mediation. If conflicts cannot be resolved through informal discussions, mediation is also an option to settle disagreements between the spouses. During mediation, each spouse is represented by their own attorney, while a third party tries to get the divorcing couple to reach agreement on as many issues as possible. This is faster and easier than going to court.

An attorney can help their client make informed decisions when preparing for a divorce. The attorney also can advise on how to file for the divorce, which will include filing the divorce complaint and other necessary documents, and serving the other spouse the divorce papers. 

Legal Considerations in a New Jersey Divorce 

There are many issues that will need to be settled in a New Jersey divorce. A few of the biggest issues include the division of assets, alimony, and child custody and support if the couple has children from the marriage. 

Financial Decisions 

The court will examine how marital assets and property will be divided. In New Jersey, this division is decided based on equitable distribution, meaning marital property is divided equitably between both parties. Equitable distribution does not mean there will be a 50/50 split of the assets. The court will consider numerous factors in the distribution process, such as the duration of the marriage and the income of each party.

The court also will decide payment of alimony, or the legal obligation of one spouse to support the other financially. The New Jersey courts do not use a specific formula to calculate alimony. Instead, they consider many factors, including the parties’ income, debts, and other financial needs.

Child Custody 

When there are one or more children present in a New Jersey divorce, child custody is decided based on the best interests of each child. The factors for deciding a child’s best interest include, but are not limited to: 

• The parent’s ability to agree on child-rearing issues
• The stability of each parent’s home environment
• The preference of the child when they are of sufficient age 
• Any history of domestic violence
• The overall fitness of the parents 
• The parents’ employment responsibilities 

An attorney will be best able to assist a parent who wants custody of their child or children in a divorce proceeding. 

Child Support 

Child support in New Jersey is calculated based on a formula known as the Income Shares Model. The Income Shares Model uses each party’s income to calculate the estimated monthly cost of raising the child, which is then used to decide how much each parent will have to pay.

The New Jersey Child Support Guidelines are also used when deciding the amount of child support owed. Under these guidelines, the court will consider many factors, such as: 

• The income of each parent 
• The total number of children in the marriage 
• The amount of time each parent spends with the children 
• The filing status of the parents 
• If there is alimony being paid from one parent to the other 

The court can deviate from these guidelines when necessary, such as if the child has higher-than-usual medical bills. An attorney will be able to fight for a parent to receive the child support they deserve.

Why Hiring an Attorney is Important in a Divorce

Divorce cases are complex for a number of reasons. For example:

• A prenuptial and/or postnuptial agreement might complicate the division of assets.
• The spouses may not agree on custody of the children.
• There could be a history of domestic violence. 

An attorney is absolutely necessary to navigate the complicated issues present in a divorce, provide guidance and advice, and create a legal strategy that puts their client’s needs and best interests first.

Contact a Montclair Family Lawyer from Rosenblum Law Today

If you are looking to begin the divorce process in Montclair, New Jersey, look no further than the experienced, compassionate, and capable attorneys from Rosenblum Law. Our attorneys are expert negotiators and understand how to successfully navigate the divorce process.
Hiring a Rosenblum Law attorney can help you avoid making costly mistakes in your divorce proceedings. One of our attorneys will create a legal strategy tailored to your needs and the unique facts of the case, ensuring the best possible chance of a positive outcome. Contact us today for your free consultation.

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