Red Bank Divorce

If you want to file to dissolve a marriage in New Jersey, either you or your spouse must have been a bona fide resident of the state for the year preceding your divorce. New Jersey permits spouses to file for a no-fault divorce, which is based on irreconcilable differences, or they can seek a fault-based divorce.

Fault-based divorce can be granted on grounds of adultery, desertion, extreme cruelty, separation, addiction, institutionalization for mental illness, imprisonment, or deviant sexual conduct. Many couples with minor children choose a no-fault divorce because it lessens the emotional burden on their children. In some cases, spouses file for a fault-based divorce because, although it does not affect property division, it can affect alimony and child custody.

In New Jersey, courts urge couples to settle their property division issues through early settlement or mediation procedures. If you and your spouse cannot agree on a division, the court will decide. It will divide marital property equitably. Each spouse can keep his or her own separate property. In some cases, however, couples cannot agree on what counts as separate property. The longer a couple is married, the more likely it is that some separate property has transmuted into marital property and is subject to equitable division. A divorce attorney can advise Red Bank residents on how a specific asset may be allocated.

When it is determining an equitable division, the court may consider how long the marriage was, the spouses' incomes and economic circumstances, their marital lifestyle, the property that each couple brought to the marriage, any contribution by each party to the other's earning potential, any contributions of a homemaker, tax consequences, child custody, debts and liabilities, and other relevant factors. The court presumes that each party made a substantial contribution to the acquisition of income and property during the marriage, but this presumption can be rebutted by evidence to the contrary.

Alimony is decided on a case-by-case basis. Among other things, the court making an alimony determination may consider the needs of the spouses, how long the marriage was, the marital lifestyle, the spouses’ earning capacities, any absences from the job market, parental responsibilities, and how long it will take for a spouse who has not been working to find a suitable job. The court will also consider how the property was equitably distributed in making a determination of alimony and other relevant factors.

The family law attorneys at Goldstein Law Group have represented many individuals seeking a divorce. Each family's circumstances are different, but what is common among all our clients is their need for trustworthy legal counsel to protect their best interests and the best interests of any children. Our main office is located in Metuchen. Contact our Red Bank divorce attorneys at (732) 967-6777 or via our online form.