Parsippany Divorce Attorney
Guiding You Through the New Jersey Divorce Process
Divorce is one of life’s most difficult and challenging processes. Ending a marriage generally gives rise to various and shifting emotions, conflicts, and uncertainty. This means you will have to make important decisions about how to disentangle your life from your spouse physically, emotionally, and financially. For those with children, it can be particularly difficult in coming to terms with how to make custody and parenting time arrangements that will be fair and just for both sides while doing what is best for the children. All of this requires understanding how New Jersey laws on any of these issues will affect your particular case, what to expect, and how best to navigate the process.
What Is the Difference Between a Divorce Lawyer and Attorney?
The difference between a divorce lawyer and attorney starts with understanding divorce is a subcategory of family law. A divorce lawyer is a type of family law lawyer who practices divorce, since most family law attorneys handle divorce as a primary subset of work. A family law attorney typically handles divorce plus other family matters.
At Simon, O’Brien, & Knapp, you can work with a legal team providing comprehensive help with all aspects of divorce. Our firm has been serving clients in the area since 1967 providing effective representation for even the most complex cases. We bring vast knowledge, skill, and resources to every client. This includes helping you negotiate fair and just settlements through mediation as well as aggressively litigating where you and your spouse cannot agree or where your best interests are not being served.
The Divorce Process in New Jersey
In any divorce, you and your spouse will be required to settle whatever issues pertain to the ending of your marriage.
These issues can include:
- Whether alimony will be provided to a spouse and, if so, how much and for what length of time
- How child custody and parenting time will be arranged
- How child support will be calculated
- How marital property, assets, and debts will be assigned, divided, and distributed; this can include such issues as how to handle the marital home, how to divide business interests, professional practices, high net worth, how to handle children’s college expenses, pensions, retirement accounts, and more
The process for divorcing is started by filing the necessary forms with the court, paying the divorce filing fee, and having copies of your divorce paperwork served on your spouse who will have a set time period in which to respond. Once your court filing takes place, you and your spouse will need to come to settlement terms on the various issues either on your own outside of the court, through mediation services, or, where the issues are being contested, through litigation before a judge.
Uncontested Divorce Cases
If you and your spouse have decided to go your separate ways but remain on relatively good terms, you may file for a no-fault uncontested divorce. This type of divorce is based on an irreconcilable breakdown of your marriage relationship. The state offers two variations of this type of divorce. In one, you and your spouse have been separated and have lived apart for at least 18 months (you may have a formal separation agreement). In the other, you have had irreconcilable differences for at least six months before starting the divorce process. Because no conflict needs to be resolved through court intervention, this type of divorce is generally the fastest, least expensive, and least stressful.
Fault-Based Divorces in New Jersey
Fault-based divorces will take longer than no-fault due to the fact that you will have to provide evidence to the court of the “fault” you are accusing your spouse of having committed.
Fault can consist of:
- Having committed adultery
- Having willfully abandoned a spouse for at least 12 months
- Having engaged in physical or mental cruelty against a spouse
- Having abused alcohol or drugs consistently for at least 12 months
The matter of fault generally will not affect how your marital property and assets may be divided in a divorce but it may be considered by a judge in the issue of alimony.
Contested Divorce Cases
Where conflict or animosity exists between you and your spouse that cannot be resolved through negotiation or formal mediation or where fault is being alleged, you will have to argue your case before a judge. This can occur due to both legal as well as emotional factors. Unfortunately, due to court schedules and the need for litigation, these cases take longer, involve higher expenses, and can be extremely stressful.
When you are involved in a contested divorce, it is essential to have an experienced and aggressive attorney who will thoroughly prepare and present your case in a compelling manner. At Simon, O’Brien & Knapp, our Parsippany divorce attorneys have a strong track record of fighting tirelessly in court to reach positive outcomes for our clients.
Contact Our Firm For Legal Guidance
No matter what type of divorce process you may be facing, our firm is here to ensure that your legal rights are protected as we pursue an outcome through a process that meets your needs and objectives. Our recognized and highly-skilled legal team has built a solid reputation for its competence in serving clients throughout our area. Let us provide the representation you need for this critical legal process.
Call (973) 604-2224 to get your divorce questions and concerns addressed today.
We strategize to ensure we reach optimum results for your unique case.
Our attorneys are easily accessible when you need us most.
We will do everything possible to help you obtain a favorable outcome for your family.