Need a Divorce Lawyer in Paterson, New Jersey?

Paterson, New Jersey is located in Passaic County. All divorce cases are heard at the Passaic County Superior Court located at 77 Hamilton Street in Paterson. Paterson has a population of 156,661 as of 2022, and 2.4 people for every thousand were divorced in 2022 according to the Center for Disease Control. 

The divorce process is complex and emotionally trying. If you are going through a divorce in Paterson, New Jersey, it is important to have a divorce lawyer rather than trying to handle the divorce yourself, especially when property and/or children are involved. Experienced legal representation is vital, and the attorneys at t Rosenblum Law have years of experience successfully representing their clients in divorce cases.

This guide will help those facing a divorce understand the divorce process, as well as how a Paterson, New Jersey divorce lawyer from Rosenblum Law can help.

Understanding Divorce Laws in Paterson, NJ

From establishing grounds for a divorce to child support matters, there are laws that govern every aspect of a divorce in Paterson, New Jersey. Here are some of the most prominent divorce laws in detail:

Grounds for Divorce

The possible grounds for divorce are found in Section 2A § 34-2 of the New Jersey state statutes. They include:

• Adultery
• Desertion for 12 or more months
• Extreme cruelty
• Separation of 18 or more months
• Addiction to narcotic drugs
• Institutionalization for mental illness lasting 24 or more months
• Imprisonment for 18 or more months
• Deviant sexual conduct

These are the fault-based grounds for divorce. There are also no-fault grounds for divorce. Irreconcilable differences lasting at least 6 months is a no-fault grounds for divorce. 

The spouse filing for divorce must list the grounds. These grounds can be disputed in a counterclaim from the defendant.

Residency Requirement

The residency requirement to file for divorce in New Jersey is found in Section 2A § 34-10 of the state code. One must be a legal resident of New Jersey for one year before filing for divorce, unless the grounds are adultery. Only one spouse must be a resident to file for divorce in New Jersey. 

Service of Divorce Papers Requirement

The service requirement is designed to ensure that both parties have the opportunity to be heard in the divorce. According to Section 2A § 34-11, the court does not have jurisdiction to hear a divorce case until the other spouse has been served the divorce papers and proof of service is shown. The defendant has 35 days to respond and file an Answer or Appearance after being served. 

Parent’s Education Program Requirement

In divorce cases with children involved, there is an additional $25 fee due at the time of filing. This fee covers the mandatory parent education program. The program is designed to help parents learn how to co-parent effectively.

Child Support Calculations

Section 2A § 34-23 details how child support is determined by New Jersey courts. To determine child support, the court looks at the following factors:

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

Often child support is calculated by the Income Shares Model, which adds up the income of both parents to determine what percentage of the child’s care is the responsibility of each parent. This percentage is then multiplied by each spouse’s income, and the noncustodial parent pays that percentage of their income in child support.

Child Custody

Section 9 § 2-4 of the New Jersey code lays out how custody is determined. Joint custody is preferred by the courts. If the parents cannot agree on custody, a guardian ad litem and/or attorney will be assigned to protect the best interests of the child. Each parent will put forth a proposed custody agreement and parenting plan for the judge to consider. 

In determining child custody, the courts look at several factors, including:

• The parents’ ability to agree
• Any history of a parent not allowing parenting time
• The relationship of the child and their parents and siblings
• Any history of domestic violence
• The safety of the child and either parent
• The preference of the child when of sufficient age (usually 14)
• The needs of the child
• The stability of the home environment offered by each parent
• The quality and continuity of the child’s education
• The fitness of the parents
• The geographical proximity of the parents
• 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

Alimony

The rules for how alimony is determined in New Jersey courts is also found in Section 2A § 34-23 of the state code. The following factors are used to determine alimony:

• The actual need and ability of either party to pay
• The duration of the marriage
• The age, physical, and emotional health of the parties
• The standard of living established during the marriage
• The earning capacities and employability of the parties
• Length off time away from the job market of the party seeking support
• The parental responsibilities of each parent
• The time and expense of education to improve employability by the person seeking support
• The history of financial and non-financial contributions to the marriage, including care of children and home
• The equitable distribution of property
• The income available to either party due to investments
• Tax consequences

Alimony is not ordered in every divorce. If the two parties have similar earning capacities and income and a fair equitable distribution of property has been ordered, alimony may not be deemed appropriate. 

Additional laws on alimony restrict how long alimony can be paid. In most cases, alimony only lasts as long as the marriage did, or until the party receiving alimony cohabitates with or marries someone else. 

Equitable Distribution of Property

Section 2A § 34-23.1 of the state code describes how equitable distribution of property is determined by the courts. Equitable distribution does not necessarily mean a 50/50 split of property, assets, and debts. It is a complex matter, and the courts take into consideration the following aspects of the case:

• The duration of the marriage
• The age and physical and emotional health of the parties
• The income or property brought into the marriage by either party
• The standard of living established during the marriage
• Any prenuptial or postnuptial agreements
• The economic circumstances of each party at the time of division
• The income and earning capacity of each party
• The contribution of each party to the earning power of the other
• Tax consequences
• The present value of the property
• The need of a custodial parent to occupy the marital home
• The debts and liabilities of the parties
• The extent to which a party deferred their career goals

It is best if the parties can agree on equitable distribution of property on their own without the court’s involvement. One option for couples to settle the distribution of property and assets is mediation, where a neutral third party guides the two individuals toward an agreement.

The Role of an Attorney in a NJ Divorce 

An attorney has a vital role in every stage of the divorce process, from the initial consultation to the finalization of the divorce decree. An attorney will guide their client in the following ways: 

• Initial Consultation and Case Evaluation: The attorney can best help if their client brings in financial documents of property, assets and debts, and evidence for grounds for divorce or child custody. They will then be able to assess the case and develop a legal strategy based on the circumstances and needs of their client.
• Drafting and Filing Divorce Papers: The attorney will draft and file the initial divorce complaint, or answer and counterclaim if their client is served the divorce papers. 
• Gathering Evidence: The attorney will assist in gathering evidence and witnesses to establish the grounds for divorce and child custody. They will also evaluate property for equitable distribution, which may involve a forensic accountant. 
• Negotiations and Mediation: The attorney will represent the client during mediation or negotiations. It is best to have an attorney in these proceedings to help keep emotions out of the process.
• Litigation: If the parties cannot agree in negotiations and mediation, the attorney will present arguments and evidence in court to defend their client’s goals.
• Legal Guidance: After the divorce is settled, the attorney will provide legal guidance on complying with court orders.
• Appeals and Modifications: Divorce decrees can be appealed or modified in certain circumstances. If their client is unhappy with the outcome of the divorce, the attorney can determine if these are viable options and handle them.

While it is possible to file for divorce without an attorney, it is not recommended. Property division,child custody and support, and other issues of contention require the guidance of an experienced attorney to ensure the best possible outcome. 

FAQs

Hire a Rosenblum Law Attorney for a Divorce in Paterson, NJ 

As you can see, New Jersey divorce laws are complex and require the attention of an experienced attorney. One should never attempt to go through a divorce alone. An attorney can assist in many ways, as well as offer support during this overwhelming and difficult time.

Rosenblum Law divorce attorneys have years of experience handling divorce cases and can ensure your rights are protected and your needs are advocated for in your Paterson, New Jersey divorce. Contact us today for a free consultation and case evaluation. 

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