Need a Divorce Lawyer in Nutley, New Jersey?

Divorces are emotionally trying on their own, and the divorce process may also be charged with intense emotions. You are not alone in getting a divorce, and you will also not be alone in the divorce process if you hire an experienced attorney to guide you. 

As a resident of Nutley, New Jersey in Essex County, the Family Division of the Superior Court where your divorce papers will be brought or mailed to is located at 212 Washington Street Floor #10, Newark, New Jersey 07102. The phone number to reach the court is 856-650-9100, ext. 43480.

An attorney from Rosenblum Law can provide crucial support during one of life’s most challenging transitions. If you are ready to get a divorce in Nutley, hire an experienced divorce attorney from Rosenblum Law to help. In the meantime, read on to learn more about the process of filing for a divorce, issues of contention, and the role of an attorney.

How to File for a Divorce in Nutley, New Jersey 

Someone filing for a divorce in Nutley should consult with an attorney and understand the following requirements and steps: 

1. Meet the residency requirement. Either spouse must have been a resident of the state for at least one year to be eligible for divorce in New Jersey. The only exception to this rule is if the grounds for the divorce are adultery. 
2. Establish grounds for the divorce. Someone seeking a divorce will have to decide whether they want to file on no-fault or fault-based grounds. A no-fault divorce means the marriage is ending due to irreconcilable differences that persisted for at least six months. A fault-based divorce must show wrongdoing on the part of the other spouse. Some examples of fault-based grounds include adultery, drug or alcohol addiction, and extreme cruelty. 
3. File the divorce papers. Once grounds have been established, one must file and sign the appropriate documents with the court, which includes the divorce complaint and summons and a $300 filing fee. An attorney can help ensure these and other documents are completed and filed correctly. The documents and fees can be uploaded into the Judiciary Electronic Document Submission (JEDS) system or mailed to the Family Division of the Superior Court. 

Serve the other spouse the divorce papers. The divorce complaint, summons, and other documents must be served on the other spouse within 30 days of when the divorce paperwork was filed. Proof of service must be documented, or else the divorce proceeding will not begin.

Issues to Resolve in a New Jersey Divorce 

Divorce proceedings are complex and emotionally charged. There are a multitude of issues that must be resolved before a divorce decree is granted and the divorce is finalized. Some of the most important issues include the division of assets and property, child custody and support, and payments of alimony. 

Division of Assets and Property  

There are two types of distinguishable assets in a divorce proceeding: 

• Marital property. This includes assets that either or both spouses acquired during the marriage. For example, money either party earned during the marriage, joint bank accounts, and the family home are marital assets. The only assets and property divided are those that are considered marital. 
• Separate property. These refers to assets that one spouse acquired before the marriage began or after either of them filed for a divorce. Examples include  inherited money or property, income made before the marriage, or gifts intended for one spouse.

New Jersey is an equitable distribution state. This means that a court will decide the division of marital assets, debt, and property equitably by examining many factors. These factors include:

• Each party’s income 
• The length of the marriage 
• Each party’s debt and liabilities 
• The standard of living established during the marriage
• Each party’s tax consequences in the asset division 
• Each party’s contribution as a homemaker during the marriage
• The value of the couple’s marital property and their financial contribution to it

It’s important to note that “equitable” is not the same as “equal”. Assets will not be divided in a 50/50 split. Rather, the division will reflect the factors outlined above, among others. 

Child Custody and Support 

For spouses looking to divorce, the matter becomes even more complicated when they are also parents. The first issue to resolve is deciding on a child custody arrangement. Child custody is determined based on the best interests of each child. There many factors used to decide what the best interests of a given child is, such as: 

• The stability of each parent’s home environment
• The preference of the child when they are of sufficient age 
• The parents’ employment responsibilities 
• Each parent’s age
• The parent’s ability to agree 

In New Jersey, child support is calculated using the Income Shares Model. This model is a formula that 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 court will also use the New Jersey Child Support Guidelines when determining what other factors will be considered in payments of child support. Some examples of these guidelines include the amount of time each parent spends with the children and if there is alimony being paid from one parent to the other.

Alimony 

Alimony, also known as spousal support, is financial support that one spouse pays to the other during a divorce proceeding or after a divorce is finalized. One common type of alimony in New Jersey is temporary alimony, which is paid for a fixed amount of time or until the receiving spouse is financially independent. 

Ultimately, alimony is supposed to compensate one spouse for a lower net worth or earrings due to the circumstances of the marriage. Many factors are considered in this decision, such as the earning capacities of each party and the length of the marriage. 

How an Attorney Can Help in a New Jersey Divorce Proceeding

An attorney provides vital assistance in a New Jersey divorce in order to obtain the best possible outcome. This assistance includes:

• Initial filing and document preparation. Divorce proceedings require extensive paperwork and documentation. An attorney can minimize delays and other problems by ensuring all necessary documents are filed and served correctly and on time.
• Mediation and negotiation. Many divorces involve negotiations over contentious issues like child custody and asset division. Attorneys are skilled negotiators who can argue for more favorable settlements than an individual can achieve on their own. If a couple opts for mediation, an attorney for each party can review the settlement agreement to ensure their client’s best interests are protected.
• Representation in court. If the two parties cannot agree on all issues in the divorce and the case goes to court, an attorney can effectively represent their client by creating a legal strategy tailored to the client’s unique circumstances and needs. An attorney also will gather evidence and witness testimonies to present to the judge. 
• Post-Divorce Modifications: If circumstances change after a divorce has been finalized, or if one party believes the judge made a mistake on a particular issue, an attorney can assist with modifying or appealing court orders.

Hire a Rosenblum Law Attorney for a Nutley, New Jersey Divorce 

Choosing the right attorney is crucial when navigating a Nutley, New Jersey divorce. The town of Nutley is less than a 10 minute drive from our office in Clifton, located at 777 Passaic Ave Suite #460, Clifton, New Jersey 07012. 

Our team at Rosenblum Law has years of experience in fighting divorce proceedings and getting our clients favorable results. Hire an experienced and compassionate divorce attorney from Rosenblum Law who can alleviate the burden of handling a divorce on your own. Contact us today to schedule your free consultation and case evaluation.

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