Need a Divorce Lawyer in New Jersey?

A women’s divorce lawyer is different from a general divorce lawyer in that they are familiar with fighting for women’s rights in divorce. Some women seek specialized legal representation in New Jersey divorce cases because they want to be sure they get their fair share of assets, alimony, and support. 

Rosenblum Law women’s divorce lawyers are familiar with fighting for women in New Jersey divorces. Contact us today for more information or to schedule your free consultation. In the meantime, here is more information about how a women’s divorce lawyer can help.

Understanding Divorce Laws in New Jersey

There are a variety of divorce laws in New Jersey, and it is important to understand them and how they can impact a divorce. Here is an overview of the most important divorce laws in New Jersey.

Grounds for Divorce in New Jersey

There are both fault and no-fault grounds for divorce in New Jersey. No fault grounds for divorce include separation for 18 months or irreconcilable differences for six months or more. Section 2A:34-2 of the New Jersey state code lays out all of the potential grounds for divorce. 

The fault grounds for divorce include:

• Adultery
• Willful and continued desertion for a period of 12 months or more
• Extreme cruelty
• Drug addiction or alcoholism
• Institutionalization for mental illness lasting 24 consecutive months
• Imprisonment for 18 months or more
• Deviant sexual conduct

If one spouse files for divorce based on fault, the other can contest allegations in their Answer and Counterclaim. This could be very important. For example, if the couple has a premarital agreement stating that the wife gets nothing if she commits adultery, and the husband alleges that she did, she may want to challenge this claim. 

Additionally, some grounds for divorce can impact child custody. If the husband claims that the wife is addicted to drugs or alcohol, for example, this could impact custody matters. It is very important to defend against the fault grounds for divorce if the husband files first. If the wife files first, the grounds for divorce can also impact custody and divorce matters. 

In addition to the grounds for divorce, there is a residency requirement for filing for divorce; someone must live in New Jersey for one year prior to filing for divorce unless the grounds for divorce are adultery. 

Key Legal Aspects of Divorce in New Jersey

There are additional laws that deal with the key legal aspects of divorce in New Jersey. 

Equitable Distribution of Marital Assets

Section 2A:34-23.1 of the New Jersey state code lays out how assets and property are to be distributed in divorce. New Jersey is an equitable distribution state. This does not necessarily mean a 50/50 split of assets and property. Rather, there are a variety of factors that come into play in equitable distribution. 

These include:

• The duration of the marriage
• The age and physical and emotional health of the parties
• The income or property brought into the marriage by each party
• The standard of living established during the marriage
• Prenuptial agreements
• The economic circumstances of each party at the time of property division
• The income and earning capacity of each party
• The contribution of each party to the education, training, or earning power of the other
• The contribution of each party to the marital assets, including contributions as a homemaker
• The debts and liabilities of the parties
• The extent to which a party deferred their career goals

Women often take on the role of homemaker and put off their own career goals for this purpose. It is important that these factors be taken into consideration when dividing property and assets. A women’s divorce lawyer will be able to fight for fair equitable distribution based on these factors. 

Child Custody and Support

Section 9:2-4 of the New Jersey state code lays out how child custody is determined in New Jersey. The rights of both parents are to be considered, and it is state policy to ensure children’s continued and frequent contact with both parents. Joint legal custody is preferred, but one parent is always named as having physical custody, while the other parent is considered the noncustodial parent. 

The following factors are considered in child custody in New Jersey:

• The parents’ ability to communicate and agree on matters relating to the child
• The parents’ willingness to accept custody arrangements and any history of not allowing parenting time
• The interaction and relationship of the child to either parent and siblings
• Any history of domestic violence
• The safety of the child and the safety of either parent from abuse of the other
• The preference of the child when of sufficient age (usually 14)
• The needs of the child
• The stability of the home environment offered
• The quality and continuity of the child’s education
• The fitness of the parents
• The geographical proximity of the parents’ homes
• The extent and quality of time spent with the child by each parent before and after separation
• The parents’ employment responsibilities
• The age and number of children

If there is a history of domestic violence, there is a good possibility that the wife can get physical custody with limited or supervised visitation. Child custody can impact other matters as well, such as who gets the family home. 

The noncustodial parent must pay child support. Under Section 2A:34-23, child support is determined by several factors:

• How many nights the child spends with the noncustodial parent
• Needs of the child
• Standard of living and economic circumstances of each parent
• All sources of income and assets for each parent
• Earning ability of each parent
• Need and capacity of the child for education, including higher education
• Age and health of the child and each parent
• Income, assets, and earning ability of the child
• Reasonable debts and liabilities of the child and  each  parent

Women often get physical custody of the children and receive child support. A women’s divorce lawyer can ensure that child support is fair and covers the needs of the child. 

Alimony and Spousal Support

Alimony is also covered in Section 2A:34-23 of the state code. Alimony is not awarded in every divorce case. A women’s divorce lawyer can fight to get alimony for the wife, especially when she has put off her own career goals to be a homemaker. 

The factors that go into calculating alimony include:

• The parties’ need and ability to pay
• The duration of the marriage
• The parties’ age and physical and emotional health 
• The standard of living established during the marriage
• The parties’ earning capacities and education levels 
• The length of absence from the job market of the party seeking maintenance
• The parental responsibilities for the children of the marriage
• The time and expense necessary to obtain training or education to return to the job market
• The equitable distribution of property
• The income from investments available to each party

Alimony is rarely ordered to be paid longer than the duration of the marriage. For example, if someone is married for 10 years, alimony usually won’t be paid for more than 10 years following the divorce. 

Enforcement of Prenuptial Agreements

Enforcement of prenuptial agreements can be a major issue in divorce proceedings. Sometimes a prenuptial agreement is unfair to the wife. These agreements can be challenged by a women’s divorce lawyer. 

If the prenuptial agreement is fair to the wife and includes clauses about adultery and the man committed adultery, the women’s lawyer can enforce the prenuptial agreement. 

Common Challenges Women Face in Divorce Proceedings

Traditionally, women were given physical custody of children, but that isn’t always the case anymore. Today, courts sometimes can be biased against women in divorce proceedings. Especially when both parents work full-time, there is a tendency to give physical custody to the parent with more resources, which is often (but not always) the father. 

Another challenge women face is the financial implications of divorce, including alimony and asset division. Women often get the short end of the stick when it comes to marital settlements, even with the rules of equitable distribution in place. Many men also fight against paying alimony. Key Legal Aspects of Divorce in New Jersey

There are additional laws that deal with the key legal aspects of divorce in New Jersey. 

Equitable Distribution of Marital Assets

Section 2A:34-23.1 of the New Jersey state code lays out how assets and property are to be distributed in divorce. New Jersey is an equitable distribution state. This does not necessarily mean a 50/50 split of assets and property. Rather, there are a variety of factors that come into play in equitable distribution. 

These include:

• The duration of the marriage
• The age and physical and emotional health of the parties
• The income or property brought into the marriage by each party
• The standard of living established during the marriage
• Prenuptial agreements
• The economic circumstances of each party at the time of property division
• The income and earning capacity of each party
• The contribution of each party to the education, training, or earning power of the other
• The contribution of each party to the marital assets, including contributions as a homemaker
• The debts and liabilities of the parties
• The extent to which a party deferred their career goals

Women often take on the role of homemaker and put off their own career goals for this purpose. It is important that these factors be taken into consideration when dividing property and assets. A women’s divorce lawyer will be able to fight for fair equitable distribution based on these factors. 

Child Custody and Support

Section 9:2-4 of the New Jersey state code lays out how child custody is determined in New Jersey. The rights of both parents are to be considered, and it is state policy to ensure children’s continued and frequent contact with both parents. Joint legal custody is preferred, but one parent is always named as having physical custody, while the other parent is considered the noncustodial parent. 

The following factors are considered in child custody in New Jersey:

• The parents’ ability to communicate and agree on matters relating to the child
• The parents’ willingness to accept custody arrangements and any history of not allowing parenting time
• The interaction and relationship of the child to either parent and siblings
• Any history of domestic violence
• The safety of the child and the safety of either parent from abuse of the other
• The preference of the child when of sufficient age (usually 14)
• The needs of the child
• The stability of the home environment offered
• The quality and continuity of the child’s education
• The fitness of the parents
• The geographical proximity of the parents’ homes
• The extent and quality of time spent with the child by each parent before and after separation
• The parents’ employment responsibilities
• The age and number of children

If there is a history of domestic violence, there is a good possibility that the wife can get physical custody with limited or supervised visitation. Child custody can impact other matters as well, such as who gets the family home. 

The noncustodial parent must pay child support. Under Section 2A:34-23, child support is determined by several factors:

• How many nights the child spends with the noncustodial parent
• Needs of the child
• Standard of living and economic circumstances of each parent
• All sources of income and assets for each parent
• Earning ability of each parent
• Need and capacity of the child for education, including higher education
• Age and health of the child and each parent
• Income, assets, and earning ability of the child
• Reasonable debts and liabilities of the child and  each  parent

Women often get physical custody of the children and receive child support. A women’s divorce lawyer can ensure that child support is fair and covers the needs of the child. 

Alimony and Spousal Support

Alimony is also covered in Section 2A:34-23 of the state code. Alimony is not awarded in every divorce case. A women’s divorce lawyer can fight to get alimony for the wife, especially when she has put off her own career goals to be a homemaker. 

The factors that go into calculating alimony include:

• The parties’ need and ability to pay
• The duration of the marriage
• The parties’ age and physical and emotional health 
• The standard of living established during the marriage
• The parties’ earning capacities and education levels 
• The length of absence from the job market of the party seeking maintenance
• The parental responsibilities for the children of the marriage
• The time and expense necessary to obtain training or education to return to the job market
• The equitable distribution of property
• The income from investments available to each party

Alimony is rarely ordered to be paid longer than the duration of the marriage. For example, if someone is married for 10 years, alimony usually won’t be paid for more than 10 years following the divorce. 

Enforcement of Prenuptial Agreements

Enforcement of prenuptial agreements can be a major issue in divorce proceedings. Sometimes a prenuptial agreement is unfair to the wife. These agreements can be challenged by a women’s divorce lawyer. 

If the prenuptial agreement is fair to the wife and includes clauses about adultery and the man committed adultery, the women’s lawyer can enforce the prenuptial agreement. 

Role of a Women’s Divorce Lawyer in New Jersey

Legal Advocacy Tailored for Women

Women’s divorce lawyers implement strategies to ensure that women get their fair share of assets, alimony, and custody. In some cases, presenting evidence of domestic violence is a key strategy in divorce.

Father’s rights are a major concern in today’s court system, and this can work against women seeking custody. A women’s divorce lawyer can fight for the mother’s rights and the best interests of the children. 

Key Services Provided by a Women’s Divorce Lawyer

There are some key services provided by a women’s divorce lawyer. These include securing fair division of assets, child support, and child custody and visitation rights. They also include:

• Alimony negotiation and defense
• Mediation and dispute resolution
• Litigation when necessary

Perhaps the most important of these yet to be discussed is mediation and dispute resolution. It is rarely a good idea to go to litigation in divorce proceedings because it is expensive, time consuming, and emotionally difficult. Rather, it is much better to negotiate a divorce settlement that both parties can agree to. A women’s divorce lawyer will be able to advocate for the woman’s rights in these negotiations. 

Working With Experts

Women’s divorce lawyers will also work with experts to strengthen the divorce case. For example, financial analysts can be utilized to locate hidden assets and ensure fair property division. Custody evaluators can be used to strengthen custody cases, particularly in cases where the woman wants the father to have little time with the children, such as in cases of abuse or neglect. A private investigator can be used to gather evidence to strengthen grounds for divorce, such as adultery. Other professionals may also be needed.

FAQs

Contact Rosenblum Law Today

As you can see, hiring a women’s divorce lawyer is the best way to protect your rights and interests as a woman. They will advocate for you in negotiations and in court to ensure that you get your fair share of assets, alimony, and custody.

If you are a woman seeking divorce in New Jersey, contact Rosenblum Law women’s divorce lawyers today for a free consultation. We have extensive experience in representing women and fighting for their rights. Contact us today for more information.