Need a Divorce Lawyer in Garfield, New Jersey?

Divorce can be  messy, overwhelming, and emotionally trying., If you are located in Garfield, New Jersey, it is important to hire a divorce lawyer in Garfield who is experienced and knowledgeable about the divorce process. This guide will help potential clients understand the laws and areas of conflict in a New Jersey divorce, and how a Garfield divorce attorney can help. 

In particular, the divorce attorneys at Rosenblum Law have extensive experience and can protect your interests. If you are going through a divorce, contact us today.

About Garfield, New Jersey

Garfield is in Bergen County, and all divorce cases are heard at the county courthouse. The courthouse is located at 10 Main Street; Hackensack, New Jersey. The population of Garfield was 32,412 as of 2022, and according to Psychology Today, 40-60% of marriages in Garfield will end in divorce.

Establishing Grounds for a Divorce in Garfield

One of the first matters to address when filing for divorce is establishing proper grounds, or reasons, for the divorce. 

In this regard, divorces in New Jersey can be categorized as fault or no fault. The only no-fault grounds for divorce is “irreconcilable differences” lasting at least six months. When it comes to divorces based on fault, according to Section 2A § 34-2 of the New Jersey civil code, grounds for divorce include:

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

To file for divorce, someone must also meet the residency requirement. This is found in Section 2A § 34-10 of the New Jersey state statutes, which states that they must have been a resident of New Jersey for one year preceding the divorce, except in cases of adultery. In cases of adultery, they must have been a New Jersey resident for any period of time.

The Divorce Process in Garfield, NJ

The process for divorce in Garfield, New Jersey is set by New Jersey law and the Bergen County court. Here is a summary:

1. The plaintiff files the divorce complaint. filing the divorce complaint and other necessary documentation details the grounds for divorce and a proposed divorce settlement of property, custody, and support. There is a $300 filing fee for the complaint. A $25 fee must also be paid at time of filing if there are children of the marriage to cover required parenting classes. 
2. The complaint is served on the defendant. Service must be by a licensed process server, the sheriff, or another adult. A process server is recommended because they are faster than the sheriff and offer proof of service.
3. The defendant files an answer and counterclaim. The defendant’s answer  states their decision to agree or disagree with the claims and settlement listed in the complaint. The counterclaim is the defendant’s opportunity to put forth their own terms for division of property, custody, and support. 
4. Mediation is typically ordered by the court. Mediation is a structured negotiation in which the spouses can attempt to come to an agreement about the details of the divorce. It is designed to minimize court involvement. However, the parties still must go to court to finalize the divorce even if there are no disagreements.
5. The spouses attend a divorce hearing. The divorce hearing is an opportunity for both sides to argue their case to the judge. More than one hearing may be required. The judge will then make determinations and orders as it sees fit. These divorce terms may be different from the terms put forward by either spouse. 
6. The divorce is finalized. There is no waiting period for the divorce to be finalized. Once the judge issues the divorce decree in court, the couple is divorced. 

Areas of Conflict to Resolve in a NJ Divorce  

There are three main areas of conflict that frequently come up in New Jersey divorce cases: equitable distribution, child custody and support, and alimony.

Equitable Distribution

New Jersey law requires that property, assets, and debts be divided according to the principle of equitable distribution. This does not necessarily mean an even split, as the goal is to achieve an outcome that is equitable overall. There are several considerations taken by the court to determine equitable distribution, set out in Section 2A:34-23.1 of the state code:

• The duration of the marriage
• The age and physical and emotional health of the parties
• The income and property brought into the marriage by each party
• The standard of living established during the marriage
• Prenuptial or postnuptial agreements
• The economic circumstances of each party
• The income and earning capacity of each party
• The contribution of each party to the education, training, or earning power of the other
• Tax consequences of property division
• The present value of the property
• The debts and liabilities of the parties
• The extent to which a party deferred their career goals

These are not all of the factors that are taken into consideration, and property division is a complex matter best handled by an attorney. 

Child Custody and Support

Child custody is another area in which spouses often disagree. The child custody decision is made based on the best interests of the child, which considers many factors. It is best to have an experienced attorney who understands all the legal nuances and can set realistic expectations. 

Most child custody matters are taken to mediation before trial. It is best if the parents can agree on custody matters, but if they don’t, Section 9 § 2-4 details how the courts determine custody.

Child support is generally calculated using the Income Shares Model, which adds together both parent’s incomes and to determine what percentage of income should be used to support the child. The noncustodial parent pays this percentage of their income in child support to the custodial parent. 

However, child support isn’t entirely decided by a formula. The court will also use The New Jersey Child Support Guidelines. These guidelines take into account a number of factors when deciding on child support, such as whether one of the parties is paying or receiving alimony, and the amount of time the children spend with each parent. 

Alimony

Under Section 2A:34-23 of the New Jersey state statutes, there are four types of alimony that can be ordered: 

• open-durational alimony
• rehabilitative alimony
• limited-duration alimony
• reimbursement alimony

Alimony is based on, among other things:

• actual need
• the ability of either party to pay
• the duration of the marriage
• the age, physical health, and mental health of the parties
• the standard of living during the marriage
• earning capacities, educational level, and employability

The calculation of alimony is complex and best handled by an experienced attorney. Alimony is often ordered in divorce cases in which one spouse has been out of the job market during the marriage. Alimony can be ordered for any length of time, not to exceed the length of the marriage.

The Role of an Attorney in a NJ Divorce Proceeding 

It is important to have legal representation during a divorce proceeding. An attorney can assist you in many ways, starting with the initial consultation and case evaluation and ending with guidance on complying with the divorce decree.

Initial Consultation and Case Evaluation

Before the case evaluation and initial consultation, gather financial documents detailing property, assets, and debts to show to the attorney. This will speed up the process. Bring also any divorce papers that were served or temporary orders that are in place. Clients should also bring any prenuptial or postnuptial agreements that were signed by both parties. 

During the initial consultation and case evaluation, the attorney will be able to give the client reasonable expectations for results. They can give guidance on any temporary orders in place or that should be put into place, and gather information to start the case. 

Discovery

The attorney will gather evidence to back up the client’s claims and goals for the divorce settlement. This may include employing a forensic accountant to discover and value all assets and property. 

The attorney will use all of this information and the client’s financial documents to determine equitable distribution of property that meets the client’s goals. They will also help the client determine custody goals, and advise on whether or not child support and spousal support should be calculated.

Legal Strategy

Using all of this information, the attorney will develop a legal strategy for negotiations and litigation. They will prepare arguments that support the client’s goals, gather witnesses, and present evidence gathered during discovery.

Negotiations and Mediation

It is best to have an experienced attorney during negotiations or mediation. The attorney can present arguments and evidence on the client’s behalf so that the client does not need to face these alone. This can make negotiations and mediation much more effective.

Representation in Court

An attorney representing a client in the Bergen County court will present arguments, examine and cross-examine witnesses, and present evidence to support the client’s goals. While the client may testify, the attorney will do most of the speaking and presenting of arguments in the courtroom. 

FAQ

Hire a Rosenblum Family Law Attorney for Your Garfield, NJ Divorce

As you can see, the divorce process is complicated and best handled by an experienced attorney. The attorney can assist with gathering evidence, filing divorce papers and motions, and represent you in court.

Rosenblum Law divorce attorneys are experienced and can represent either the petitioner or the defendant in a divorce. We have years of experience and have helped many clients over the years.

Rosenblum Law has offices at 777 Passaic Ave Suite #460 in Clifton, New Jersey. It is about 15 minutes away from Garfield, New Jersey. Depending on the route you choose, the drive is about 4 to 10 miles. Contact us today for a free consultation and case evaluation.

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