Need a Divorce Lawyer in Rutherford, New Jersey?

Our family law attorneys can help you through the divorce process.

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Divorce Lawyer in Rutherford, New Jersey

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The divorce process can be quite daunting without adequate legal assistance. Of the almost 19,000 people living in Rutherford, New Jersey, 7.9% are divorced. This is only a portion of the millions of people who get divorced in the U.S. each year. 

Every divorce case is unique and presents its own challenges. The most common issues that arise during the divorce process are the division of the assets, and child custody and support. For example, many couples own a home together, which is one of many complicated assets that has to be divided in a divorce. 

Regardless of the issues that may arise in your divorce, you will need an experienced attorney to fight for your needs and guide you through the complex process. The attorneys at Rosenblum Law have handled many complicated divorce cases. If you are filing for a divorce in Rutherford, New Jersey, hire one of our attorneys, and you will feel confident that your wishes and needs are being skillfully advocated for. 

This article further discusses the role of an attorney for your divorce, as well as some of the key laws and considerations for New Jersey divorces.

Requirements to File for a Divorce in Rutherford, NJ

Before someone can file for a divorce in New Jersey, they must meet the residency requirement and establish the grounds for the divorce: 

  • Establishing Residency: at least one spouse needs to be currently living in New Jersey to file for a divorce in the state, and the divorce should be filed in the county where the couple separated. If the person filing for the divorce doesn’t live in New Jersey, they should file in the county where the other partner lives.
  • Establishing Grounds for the Divorce: one must decide whether or not they will be filing on no-fault or fault-based grounds before the divorce can proceed. No-fault grounds mean the marriage is ending due to irreconcilable differences. In New Jersey, no-fault grounds are generally preferred because there are fewer challenges in securing a no-fault divorce, and they generally do not take as long to finalize. A fault-based divorce proves wrongdoing on the other spouse, such as adultery or extreme cruelty. 

How to File for a Divorce in Rutherford, New Jersey

When filing for a divorce in Rutherford, it is important to have an attorney to ensure everything is filled out and filed correctly. The process for filing a divorce is as follows: 

  1. File the appropriate documents with the court, including the complaint for divorce and the divorce summons. These forms must be signed, and a $300 filing fee must be paid. 
  2. Upload the documents and fee into the Judiciary Electronic Document Submission (JEDS) system. Documents and the fee can also be mailed to the Family Division of the Superior Court where the plaintiff spouse (the one filing for divorce) or the defendant spouse lives. Someone living in Rutherford may file in the Bergen County Justice Center, located at 10 Main Street, Hackensack, New Jersey. 
  3. Serve the other spouse the complaint, summons, and other documents within 30 days of when the individual filed the divorce with the court, and provide a proof of service. The defendant spouse will have 35 days to respond.

New Jersey Divorce Laws: Common Issues of Disagreement 

There are laws in New Jersey that govern how the issues in a divorce are to be settled and decided upon by the court. Some of the most crucial of these laws include: 

  • Equitable Distribution: In New Jersey, the division of assets, debt, and property is governed by the principle of equitable distribution. Equitable distribution divides the marital assets, or all assets acquired during the marriage, equitably between both parties. The decision is based on many factors, such as the duration of the marriage and the standard of living established during the marriage. 
  • Alimony: Alimony is a payment one spouse makes to another. When the court decides that either spouse should pay alimony, it becomes a legal obligation that must be fulfilled. In New Jersey, alimony is not calculated by a specific formula. It is decided based on factors such as the income of each party and each party’s need to receive an alimony payment.
  • Child Custody: in Section 9:2-4 in the New Jersey Administrative Code, child custody decisions are made based on the best interests of the child. There are many factors considered in this decision, such as the stability of the home environment and each parents’ fitness. 
  • Child Support: in New Jersey, child support is calculated using the income shares method, which uses each parent’s income to determine the contributions that will be needed to support the child. The New Jersey Child Support Guidelines are also used by the court to make a decision on child support payments.

Hiring an attorney will provide the best chance of securing a fair share of the marital assets, receiving alimony as needed, and having one’s best interests ably represented if there is a child or children in the marriage. 

How an Attorney Can Assist in a NJ Divorce 

When an individual hires an attorney to assist in their divorce, they are less likely to make costly mistakes. An attorney can assist in many ways, including: 

  • Helping to correctly fill out the divorce paperwork, such as the complaint and summons
  • Helping to properly serve the other spouse with the divorce papers and securing proof of service 
  • Providing legal counsel and protecting their client’s rights during mediation
  • Negotiating on their client’s behalf and representing them during litigation if the divorce goes to trial 
  • Providing emotional support and guidance 
  • Overcoming challenges that may arise, such as disagreements about child custody or division of assets, or difficult situations like domestic violence 
  • Making post-divorce modifications, such as in child custody, child support, or alimony agreements.

Contact a Rosenblum Law Attorney Today For Your Rutherford, New Jersey Divorce 

If you are ready to file for a divorce in Rutherford, NJ, hire a Rosenblum Law attorney. Hiring one of our attorneys will ensure you receive expert legal representation by a firm with years of experience. 
One of our attorneys will guide you through every step of the process, from the initial filing of the case until the divorce is finalized. If you want to place your trust into a firm that will fight for the best possible outcome in your divorce, contact us today for your free consultation. 

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