Every divorce is different, and each divorce lawyer at our firm helps our clients contemplate the considerations as they apply to their situation. We work with our clients in contested and uncontested divorces to navigate custody, parenting time, alimony, palimony, and which route is best for their situation – alternative dispute resolution, mediation, arbitration – or trial. As litigators, it is our philosophy to prepare every case as if it were going to trial. A clear message must be sent that if one side is unreasonable, unrealistic, or defiant, you will be ready to present and prove your case to a judge. Since most cases, ultimately, do not go to trial, it is our goal to be most prepared to settle with terms most advantageous to our client. When the gap between respective settlement positions justifies the time and expense of a trial, we are fully prepared for direct and cross-examination of all witnesses as well as have a full understanding of expert reports, their methodology, and conclusions. If you need a divorce lawyer in New Jersey, contact Lawrence Law for guidance through the process.
Why Hire a Divorce Lawyer?
You are not legally required to have a lawyer to get divorced in New Jersey. However, we strongly recommend that you retain a New Jersey family lawyer if you currently are, or are considering, divorce proceedings. Attorneys specializing in family law are able to navigate these proceedings efficiently and with the requisite knowledge of the applicable statutes and case-law precedent while advocating to obtain the client’s goals and objectives.
To get divorced in New Jersey, you must file a Complaint for Divorce. A Complaint for Divorce must incorporate all issues you wish to be addressed, including but not limited to custody, parenting time, support, and equitable distribution of property, among other relief. Oftentimes, a Complaint for Divorce is not filed until the parties have a signed agreement resolving all of their issues.
A Complaint for Divorce must be filed at the courthouse in the county in which one or both parties reside.
New Jersey is a no-fault divorce state. Thus, the most common ground for divorce is irreconcilable differences. Other grounds include extreme cruelty, adultery, desertion, separation, voluntary addiction to illicit substances/habitual drunkenness, institutionalization for mental illness, deviant sexual conduct, and/or imprisonment.
This depends, but in general, the answer is no, you should not cite fault grounds and instead cite irreconcilable differences. This is because, in most cases, fault grounds have little to no impact on the outcome of your divorce. Even if you believe your spouse is at fault for a divorce, such as by committing an act of adultery, courts generally will not consider this reason enough to award you a favorable divorce agreement. Further, once you cite specific fault grounds, your spouse will have a chance to respond to those fault grounds, which often leads to a costlier, more drawn-out divorce process. Of course, whether you should or shouldn’t cite specific fault grounds depends largely on the specifics of your case, in general, it is best to avoid citing fault grounds.
There is no set time frame for divorce proceedings in New Jersey, and the same depends largely upon whether or not the parties are able to resolve their differences amicably or whether they will require the assistance of the court to do so. Should parties engage in litigation, the process becomes significantly longer and becomes dependent upon the court’s calendar and availability. Conversely, parties who resolve their matter absent the need for judicial intervention can complete such proceedings on an expedited basis. As a rule of thumb, parties can get divorced between six and eight months if they have a signed agreement. If they require a trial, it can be several months to years.
Parties may proceed with an uncontested divorce under circumstances where all issues incident to the proceedings have been resolved amicably amongst them. Generally, parties enter into a Marital Settlement Agreement, Property Settlement Agreement, and/or Term Sheet setting forth all terms and provisions agreed upon between them. This document is then incorporated by consent into any final judgment of divorce entered by the court and has the same force and effect as any Order of the court.
It is always better to settle your case because you are able to control and dictate the terms of your agreement instead of placing those decisions in the hands of a “stranger in a black robe.” Approximately 98% of all divorce matters settle in lieu of proceeding to trial. This is because divorce litigation is extremely costly and time-consuming, and parties are typically unhappy with the decision of the judge. That said, if your case does end up going to trial, you must have a competent, highly-skilled New Jersey divorce lawyer in your corner. Fortunately, if you are reading this, you are in the right place. Lawrence Law is here to help.
It depends. Two people control the cost of the divorce – the married couple. If they are amenable and willing to compromise, their divorce will cost less. Conversely, if litigation is pursued on every issue, it is expensive. Divorce proceedings can be exceptionally costly. For these reasons, we encourage parties to consider alternative dispute resolution, such as mediation, arbitration, or the collaborative law process, in lieu of litigation. However, we are ready to litigate when necessary.
Contact Lawrence Law Today
No one should have to face a divorce on their own. Divorce can be an emotional and complicated process, and whether you’re having your divorce litigated in a courtroom or settled through mediation, you would be best served with a competent New Jersey divorce lawyer in your corner. Fortunately, you are in the right place. Contact Lawrence Law today. We proudly handle cases on behalf of our clients throughout New Jersey, including in Somerset County, Monmouth County, Middlesex County, Ocean County, Hunterdon County, Somerset County, Warren County, and Morris County.
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