Monmouth County Divorce

The Monmouth County divorce attorneys at Goldstein Law Group can assist you with protecting your interests regarding property division, child custody, child support, and alimony.

As a general rule, either you or your spouse must have lived in New Jersey for at least 12 months before filing for divorce in the state. You can file a complaint for either a fault or a no-fault divorce. Most people choose to file a no-fault divorce, citing irreconcilable difference as the reason for it. Nobody is blamed in a no-fault divorce, and neither party is required to prove that either did something wrong for the court to agree to grant the divorce – it is enough to simply say that you no longer wish to be married. You can also proceed upon a fault-based ground for divorce, citing specific reasons for the divorce, such as extreme mental cruelty, hospitalization for mental illness, adultery, or your spouse’s imprisonment.

In some cases, a spouse does not want to contest the divorce, and the parties agree on all issues, such as where the children will live and who gets to keep certain pieces of property. An uncontested divorce (where the parties agree) or a divorce by default (where one party refuses to participate at all, and the divorce moves forward without them) is possible. However, in most cases, spouses have differing views about some, if not all, aspects of the case. One of them may want more parenting time, or one of them may want alimony, while the other spouse disagrees. These issues may be able to be resolved by settlement agreement, with the help of experienced divorce lawyers in Monmouth County. Even if a settlement is reached, the judge will still need to have the parties appear for a brief hearing in court, and may ask some questions to make sure that the parties understand what they are signing and understand that it is a legally binding agreement by which they must abide.

The first step in a divorce is the filing of a divorce complaint by the plaintiff. Within 35 days of receiving the complaint (being served), the defendant must file an answer or counterclaim, and serve a copy to the plaintiff. When a counterclaim is filed by the defendant, the plaintiff then has 20 days to respond.

The judge will set a timetable for the divorce at a case management conference shortly after the pleading stage (filing the complaint, counterclaim, and answers) is complete. This case management conference will outline what needs to happen before the trial and the dates by which certain actions should be completed. The timetable may include a period for discovery, which is the process of fact-finding that may involve depositions of the spouses or other witnesses and the production of documents. It may also set deadlines by which the parties must appraise any real estate or hire experts whose opinions they wish to rely on at trial.

Both parties must prepare a document known as the Case Information Statement, which identifies all assets and liabilities and also sets forth the parties income and living expenses. The statement should be comprehensive, and will also include detailed information about a spouse’s income and their shelter, transportation, and personal expenses. Accompanying the statement should be tax returns, the last three pay stubs, pension statements, and mutual fund and stock statements.

At Goldstein Law Group, our sophisticated family law attorneys are dedicated to helping people who are seeking a divorce or dealing with related issues. We maintain offices in Metuchen and Brielle and serve Monmouth, Middlesex and Ocean Counties, as well as locations throughout the state. Contact our Monmouth County divorce lawyers at 732-967-6777 or via our online form.