Need a Divorce Lawyer in Bloomfield, New Jersey?

Divorce can be a challenging and emotionally trying ordeal, but an experienced, compassionate divorce lawyer in Bloomfield, New Jersey can make the process as smooth and stress-free as possible. This guide was created to help potential clients learn about the basics of divorce in New Jersey and understand how a Bloomfield divorce attorney can help. 

The divorce attorneys at Rosenblum Law have extensive experience and are dedicated to protecting your interests. If you are going through a divorce, contact us today to request a free consultation. 

About Bloomfield, New Jersey 

Bloomfield, a town with a population of about 53,702 (as of 2023), is part of Essex County. In New Jersey, all divorce cases are filed and heard at the Essex County Family Court, located at 212 Washington St. in Newark.

Fault vs. No-fault Divorce in Bloomfield

New Jersey allows for two categories of divorce cases: fault and no-fault. 

In a no-fault divorce, the spouse filing for divorce does not need to prove that their spouse did anything wrong. Rather, they only must show that the couple has been experiencing “irreconcilable differences” for a period of at least six months. 

In a fault-based divorce, a “matrimonial offense” must be proven. According to Section 2A § 34-2 of New Jersey civil code, grounds for this type of divorce include: 

• Adultery 
• Desertion for a term of at least 1 year
• Separation for a term of at least 18 months
• Infliction of cruelty, physical or emotional
• Voluntarily induced addiction to any narcotic drug, as defined by N.J.S.A. §§ 24:21-1 to 24:21-45, or habitual drunkenness for 12 or more consecutive months
• Institutionalization for a mental illness for a period of 24 or more consecutive months
• Imprisonment for 18 or more consecutive months (provided that the parties have not commenced cohabitating at the conclusion of the imprisonment). 
• Deviant sexual conduct performed without the consent of the spouse filing for divorce

In either case, there is a residency requirement in order to file for a divorce: either spouse must have been a resident of New Jersey for at least one year prior to filing for the divorce. The only exception to this rule is in the case of adultery, where either spouse can have been a resident of NJ for any amount of time.  

An Overview of the Divorce Process in Bloomfield, New Jersey 

Every divorce case is different, but here is a basic outline of the New Jersey divorce process chronologically:

Filing the Divorce Complaint

Filing the divorce complaint details the grounds for divorce, along with a proposed distribution of assets and liabilities. Other paperwork in addition to the divorce complaint must also be completed, such as the divorce summons. There are additional filings for child custody and support, if applicable. There is a $300 filing fee and an additional $25 parenting workshop fee if child custody is sought. 

Serving the Divorce Complaint

The papers must be delivered to the defendant, or other party who doesn’t file the initial divorce paperwork, within 30 days of the filing date.There must be proof of service that shows the defendant has received the papers. Any adult who is not involved in the case may serve the divorce papers. The sheriff’s office or a licensed process service will do so for a fee. 

Filing an Answer or an Appearance

The defendant has 35 days after receiving the divorce complaint to respond. An answer is an acceptance or denial of what the plaintiff, or person who filed the divorce papers, stated in the divorce complaint. If they wish, the defendant can add one or more counterclaims, or additional grounds for divorce or claims against the plaintiff. 

An appearance is a wordless acceptance of the original divorce complaint. It is also a request to be heard by the court on issues of custody, equitable distribution, child visitation time, alimony, or other issues. 

Engaging in Mediation and Settlement Discussions

In New Jersey, mediation is required in the divorce process if the parties have a dispute over financial matters, child custody, or some other issue(s). In these cases, a mediator, or neutral third party unrelated to the court, works with the parties to reach and sign a settlement agreement that outlines the issues in the divorce, such as property division and a parenting plan (if any). 

If a mediator is unnecessary because the couple agrees on all matters, the divorce must still be finalized by the court. 

Going to Trial 

If the divorce proceedings are contested, the legal process will most likely be lengthened. A divorce is contested if, for whatever reason, the parties cannot reach a settlement on all pertinent issues through a mediator or otherwise. In this situation, the case will go to trial. 

At trial, the parties will present evidence and arguments. The judge will then issue a divorce judgment resolving the parties’ differences in a manner in which he or she sees fit. 

Finalizing the Divorce

As soon as the judge pronounces the divorce is final, it takes effect, and the parties become legally divorced. Afterwards, one or both parties may want to appeal or seek to modify the divorce judgment, and they will have 45 days from the court’s decision to do so.

Legal Challenges to Settle in a Bloomfield, New Jersey Divorce 

Common issues of conflict that arise in New Jersey divorces concern equitable distribution, child custody and support, and alimony. 

Equitable Distribution

State law requires that all assets be split equitably between the parties. This is not necessarily an even split; rather, the court considers many factors laid out in Section 2A:34-23.1, to determine how the marital property and assets should be distributed.

Child Custody

New Jersey law states that minor children must have “frequent and continuing contact with both parents after the parents have separated”. There are four kinds of custody distributions: 

• Joint legal custody: both parents have equal power in decision making and access to information
• Sole legal custody: all of the major decisions are made by one parent 
• Primary residential custody: the child lives with one parent more than 50% of the time
• Shared residential custody: the child lives equally with both parents

The court will approve any custody arrangement agreed upon by both parents, provided it is in the best interests of the child. In that regard, when awarding child custody, the court will take into consideration many factors, such as: 

• The ability of the parents to cooperate in matters relating to the child
• The parent’s willingness to accept custody
• The relationship of the child with parents and siblings
• The safety of the child and either parent from domestic abuse from the other parent
• The preference of the child, if they are of an age to make an informed decision
• The child’s needs
• The stability of both home environments 

 Alimony

The court awards alimony by considering many factors, such as: 

• The length of the marriage
• Any factors that would affect one party’s employability or earning capacity
• Tax implications
• Standard of living established during the marriage

Per Section 2A:A4-23 of the New Jersey Revised Statutes, there are four types of alimony that may be ordered for either party: 

• Rehabilitative alimony: This is awarded to “rehabilitate” one spouse who, because of their obligations to managing the household, does not have the ability or skills to support themselves financially by entering the workforce.
• Open-durational alimony: When the marriage has lasted 20 years or longer and one party is financially dependent on the other, the court can order the financially independent party to consistently pay alimony to the other until either the payor retires or the other spouse is no longer financially dependent. 
• Reimbursement alimony: This is awarded when, during the course of the marriage, one party had paid for the other to work towards an advanced degree such as a masters, law, medical, or doctorate degree. 
• Limited duration alimony: This is alimony paid only for a specific duration to keep the financially dependent party at the same standard of living as when they were married. 

The Importance of an Attorney in a Bloomfield, New Jersey Divorce 

An attorney can provide invaluable assistance in a divorce case in New Jersey in several ways:

• Legal Advice and Guidance: An attorney can explain one’s legal rights and obligations under the New Jersey law, and help develop a situation-specific strategy.
• Filing and Documentation: An attorney will take care of preparing and filing all necessary legal documents, and ensure that all paperwork is accurately completed and submitted on time.
• Asset Division: An attorney will identify and value marital assets and debts, and advocate for equitable division.
• Child Custody and Support: An attorney will assist in negotiating and drafting child custody and visitation agreements, and in calculating and advocating for appropriate child support.
• Spousal Support: Alimony is complicated, and an attorney will be able to determine eligibility and amount of spousal support, and negotiate fair terms.
• Mediation and Settlement: An experienced attorney will be skilled in negotiating settlements that avoid the need for a court trial, and be able to represent their client in mediation sessions. An attorney will also be able to review the settlement agreement if mediation is successful to ensure their client’s needs are met.
• Court Representation: An attorney will advocate for their client and represent them in court hearings and trials.An attorney understands how to navigate the procedural aspects of court proceedings to ensure the case is presented effectively.
• Emotional Support: An attorney will provide unbiased and insightful guidance during the legal process, reducing the stress and emotional strain of a divorce by limiting the client’s role.

Having a knowledgeable attorney ensures that one’s interests are protected and that the divorce process is handled efficiently and effectively.

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

Navigating the complexities of divorce is best managed with the expertise of a seasoned attorney. An experienced lawyer can assist with collecting evidence, filing necessary documents, and representing you in court.

At Rosenblum Law, our skilled and experienced divorce attorneys have a successful track record of representing both petitioners, who file for the divorce, and defendants, who have to respond to the divorce papers. 

Our office is conveniently located at 777 Passaic Ave, Suite #460, Clifton, New Jersey, just a 15-minute drive from Bloomfield, New Jersey. Contact us today for a free consultation and case evaluation.

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