Navigate Complex Divorces With Experienced Representation In Atlantic City
Last updated on December 19, 2024
Divorce is a challenging and emotionally draining experience that can leave you feeling uncertain about your future. The legal process can be overwhelming, making it difficult to know where to turn for guidance. In such trying times, you need a divorce lawyer who can help you make sense of your situation and clarify your options as you move forward.
Our divorce lawyers at Leonard Warren & Leonard have a deep understanding of what families need in Atlantic City and the surrounding areas of Cape May County. With over 44 years of collective experience, we know that every divorce case is unique, and we are committed to providing the compassionate support you need when it matters most. Our team of skilled family lawyers offers personalized attention and tailored divorce legal advice for families in New Jersey during times of significant change.
When you decide to work with us, our seasoned divorce lawyers will take the time to understand your goals and priorities. Whether you are dealing with marital property division, child custody or domestic violence, we are here to serve as your trusted advocates in family law.
What Are The Grounds For An At-Fault Divorce?
While New Jersey recognizes both no-fault and at-fault divorces, there are situations where pursuing an at-fault divorce may be necessary or beneficial. Familiarizing yourself with the grounds and process for at-fault divorces in New Jersey can help you make a well-informed decision about your case.
The state recognizes several grounds for at-fault divorce. These include:
- Adultery
- Cruelty, including domestic violence
- Desertion for 12 months or more
- Substance abuse, including drug or alcohol addiction
- Mental illness requiring institutionalization for at least 24 consecutive months
- Imprisonment for 18 months or longer
- Deviant sexual conduct
- Separation for at least 18 months
Pursuing a fault-based divorce can offer several advantages, particularly when you need to hold your spouse accountable for their actions or seek a more favorable divorce settlement. This approach may also be crucial if you are facing an abusive or dangerous situation and need to protect yourself or your children.
However, the process of an at-fault divorce can be incredibly stressful. It typically involves proving your spouse’s misconduct based on one of the grounds mentioned above. This can be an emotionally taxing experience, requiring careful documentation and presentation of evidence.
In these complex situations, the role of a seasoned divorce attorney becomes invaluable. Your lawyer will guide you through the divorce proceedings, helping you gather and effectively present evidence to support your case. They will also work to ensure your rights are protected and your voice is heard throughout this difficult process.
How Does A No-Fault Divorce Work In New Jersey?
In New Jersey, the law allows couples to file for divorce based on “irreconcilable differences.” To file for this type of divorce, you and your spouse must have been separated for at least 18 months and have failed to reconcile despite multiple attempts to do so.
Unlike in an at-fault divorce, the court will not consider fault or wrongdoing by either spouse when dividing marital property, determining spousal support or making other divorce-related decisions. Because it eliminates the need to prove fault, this approach is often less contentious and more cost-effective than an at-fault divorce.
Many couples find divorce mediation to be an effective method for resolving conflicts and reaching fair agreements. A neutral mediator, often a family lawyer or collaborative divorce attorney, facilitates discussions to help you find common ground. This approach can be particularly beneficial when your marriage involves children, as it can set a more cooperative tone for future interactions.
Before deciding on a no-fault divorce, it is crucial to consult with an experienced divorce lawyer. They can guide you through the process, advocate for your rights and interests, and help determine if this option best suits your situation. Whether you are considering an uncontested divorce or exploring mediation, our team of seasoned domestic relations attorneys is here to support you at every stage of the process.
What Does Equitable Distribution Mean In A Divorce?
In New Jersey, courts follow “equitable distribution” principles when dividing marital assets and debts between spouses. However, it is essential to note that “equitable” does not necessarily mean a 50-50 split. When dividing your assets, the court will consider various factors, including the length of your marriage, each spouse’s financial situation, and your financial and nonfinancial contributions to the marriage.
Equitable distribution involves identifying, valuing and dividing marital property. This typically includes:
- Real estate acquired during the marriage
- Vehicles
- Bank accounts and investments
- Retirement accounts and pensions
- Businesses started or grown during the marriage
- Personal property and household items
However, not all property is subject to equitable distribution. Separate property, which remains with the original owner, usually includes:
- Assets owned before the marriage
- Money or items inherited by one spouse
- Gifts given to one spouse by a third party
It’s important to note that separate property can become marital property if it is commingled with marital assets or if both spouses contribute to its growth or maintenance. A marital contract can also influence how your assets are divided during divorce. Consulting a prenuptial agreement lawyer is crucial to grasping how your specific agreement might shape the equitable distribution process in your case.
Given the intricacies of this process, it is crucial to hire a lawyer who can provide comprehensive advice on property division. They should also be able to help you uncover all your shared assets and liabilities, including those that might not be immediately apparent.
At Leonard Warren & Leonard, we stand ready to help you navigate the intricacies of equitable distribution. As your legal team, we will work tirelessly to advocate for your financial interests, ensuring a just allocation of marital assets throughout your divorce proceedings.
Reclaim Your Future With Atlantic City’s Trusted Divorce Lawyers
When the stakes are high, and your future is on the line, you need a divorce team that will not back down. Call our office at 609-345-5800 or reach out through our online form today. Whether you are facing a complex asset division, child custody battles or contentious spousal support negotiations, our divorce attorneys are prepared to champion your cause.