New Jersey Divorce Lawyers

We know how stressful divorce can be, no matter how valid your reasons are—but if you need to separate from your partner, our compassionate divorce attorneys at Sanvenero & Cittadino Attorneys at Law are here to help. We will help you understand the specific divorce laws in New Jersey, guide you through the process, and protect your rights and interests throughout the whole way.  

What Are the Grounds for Divorce in New Jersey?

New Jersey recognizes both no-fault and fault-based divorce.

For a no-fault divorce, a spouse can cite irreconcilable differences with no reasonable prospect of reconciliation as the reason for ending the marriage. Courts usually grant no-fault divorces quickly if neither party contests the facts. 

For fault-based grounds, one party must prove grounds for divorce. Fault-based divorces typically take longer than no-fault divorces, as they can impact alimony or the division of marital assets and sometimes require the court to engage in fact-finding.

What Are the Steps to Start a Divorce in New Jersey?

To start the divorce proceedings, one of the spouses must file a “Complaint for Divorce” with the New Jersey Superior Court Family Division in the county where at least one spouse lives. This divorce complaint will outline your grounds for divorce, and the court will formally notify your spouse; they will then be able to respond.

What Is the Difference Between Contested and Uncontested Divorce?

If both parties agree on all matters, the court will allow you to proceed with an uncontested divorce; disagreements on property division, custody, alimony, or other important matters, however, will create a contested divorce. The latter usually takes longer, costs more, and requires litigation or mediation to resolve. 

Contested divorces may also involve disagreements over marital property, debt allocation, spousal support, and parental rights. During the proceedings, both sides present their arguments in court, and the judge makes decisions based on the facts presented. 

What Is Equitable Distribution in New Jersey Divorce?

New Jersey courts follow the principle of equitable distribution when dividing marital property. “Equitable” does not necessarily mean “equal.” In other words, rather than dividing all assets 50/50, the judge may decide to adjust the allocation based on the length of the marriage, the contributions of each spouse to the marriage, the financial circumstances of each party, and other relevant factors.

Marital property includes assets and debts the spouses acquired during the marriage, such as real estate, retirement accounts, bank accounts, and even liabilities like mortgages or credit card debts. All this marital property factors into the principle of equitable distribution. 

However, separate property, including assets owned before the marriage and gifts or inheritances received by one spouse during the marriage, usually remains with the original owner and does not factor into the court’s distribution.

How Is Child Custody Determined in a New Jersey Divorce?

In any divorce case involving children, New Jersey courts prioritize the child’s best interests when making custody determinations. 

Custody can be either legal or physical. Legal custody refers to a parent’s ability to decide where and how a child will receive an education, what faith tradition they will be raised in, and how their health will be taken care of. Many divorce arrangements involve joint legal custody, where both parents participate to some extent in the major decisions for the child. 

Physical custody, on the other hand, determines where the child will live; some arrangements allow for joint physical custody, while many give primary custody to one parent and visitation rights to the other. 

In determining legal or physical custody arrangements, New Jersey courts consider several factors, including but not limited to each parent’s ability to provide a stable environment, the child’s comfort level and relationship with each parent, and the child’s unique needs.

Divorcing spouses can avoid a court custody determination altogether by agreeing beforehand.

Should You Hire a New Jersey Divorce Lawyer?

Even if you believe that your divorce has uncontestable grounds, you may discover many aspects of the divorce process that could overwhelm you, such as the division of marital assets, legal and physical custody arrangements, and even how to navigate the New Jersey legal system in the first place. A seasoned divorce lawyer can shoulder that legal burden for you.

An experienced New Jersey divorce lawyer will know the ins and outs of the legal system, tap into the appropriate connections to help you secure a favorable and equitable outcome from your divorce, and calculate your assets fairly. They will protect your rights and interests from start to finish, and if you need to go to court, they will build a case to represent you. 

The New Jersey Divorce Lawyers at Sanvenero & Cittadino Attorneys at Law Will Help You Get Started

The right legal support can make all the difference in your divorce case. Trust the experienced New Jersey divorce lawyers at Sanvenero & Cittadino Attorneys at Law. We can give you as much advice as you need and answer any questions. Call 732-743-9665 or fill out our online form for a free consultation. Located in Red Bank, New Jersey, we serve clients in Monmouth County, Middlesex County, and Ocean County.