NJ Divorce Lawyer

Divorce has many issues and complications and you are also forced to deal with your local court system, possibly for the first time, and an additional financial strain. This can be all to overwhelming to anyone.  You must handle the legal process every step of the way while trying to move forward as a single person or parent. All of these various elements of a divorce make it practically and mentally and emotionally difficult.

You may think involving a divorce attorney will make things more contentious. However, the opposite is often true.  We will help go over your rights and options, guiding you through the legal process with both intelligence and compassion. Contact us now for a free consultation.

Types of Divorce

Divorces, like all legal issues, come in many varieties. While some divorces have similar issues, none are ever exactly the same. To begin with, New Jersey allows individuals to file for divorce based on one or more specific grounds or on a no-fault basis. You may file for divorce alleging that your spouse’s actions led to the demise of your marriage. New Jersey allows eight individual grounds for divorce. If you wish to file for a divorce and state that neither one of you is fully responsible for the end of your marriage, then you may claim there are irreconcilable differences.

Also, your divorce may be contested or uncontested. In a contested divorce, your spouse may disagree with you leaving and ending your marriage, or more commonly, your spouse disagrees with the way in which you want to resolve one or more issues related to the divorce, like spousal support or child custody.

An uncontested divorce is one in which your spouse agrees with the need to end the marriage and how to resolve the related issues. An uncontested divorce can usually be finished much faster than a contested divorce.

Whether you know what kind of divorce you are headed for or not, contact us now

Grounds for Divorce

If you are considering filing for divorce based on your spouse’s actions, consider the grounds for divorce that New Jersey allows:

• Adultery
• Willful abandonment that lasts at least 21 months
• Physical or mental abuse
• Drug or alcohol addiction
• Consensual deviant sexual conduct
• Mental illness resulting in 24 consecutive months or more of institutionalization
• Incarceration for 18 months or more
• Living separately and apart for at least 18 consecutive months

There are many factors that go into deciding whether to divorce based on a specific ground or filing for a no-fault divorce. You should speak with an experienced Family Law attorney now to learn more about these types of divorce, including how they differ and how they may impact the legal process.

New Jersey Residency for a Divorce

You cannot obtain a divorce in New Jersey unless the courts have jurisdiction over you or your spouse. The way courts obtain jurisdiction over you is through your residency in the state and a specific county. You are a New Jersey resident if that is where you live full time. It is your permanent domicile. You can also be a resident of the state if you maintained a permanent home there and spent at least 183 days in the state. For the purposes of a divorce, either you or your spouse must have been a resident of the state for at least one year before filing as you can see this will be different for child support and custody. 

If you are unsure of whether you can file for divorce in New Jersey, or whether you need to file elsewhere or wait until you can establish residency, call Pagliara Law Group now. 

The Process of Filing for Divorce

The court process of filing for divorce can be complicated. There are many complicated aspects to beginning a divorce, including filling out the proper forms, drafting the correct paperwork, and filing the documents in the proper court. You must also properly service your spouse with the papers after you file. There is also strategy to consider. How and when you file for divorce and what you initially allege and ask for can make a great deal of difference in how your spouse responds and how quickly this process can be resolved.

It can take weeks or months of preparation before you file. You may need to obtain the originals or copies of personal documents, individual and marital financial information, and previous court orders.

Your attorney will also discuss with you the many potential issues associated with a divorce, including the division of assets and debts, spousal support, child custody and support, retirement, and much more. 

Understanding Legal Separation

A legal separation is different from a divorce or the practical separation you and your spouse may be going through right now. Many spouses begin to live apart prior to a divorce. One person moves out of the house or into the guest bedroom and then you both start to live more independently. This may mean putting yourself out to the world as separated or single instead of living and appearing as a married person. This separation, while important legally and emotionally, is not the same as a legal separation.

A legal separation is obtained through a court process and order. You and your spouse can go to court to finalize the circumstances surrounding your legal separation, including how you two will handle the finances, co-parenting, and more.

Common Issues Within Divorce

When you get divorced, there are many more issues other  than whether or not the judge should grant your divorce and dissolve your marriage. The focus of the legal process is on the practical separation of you and your spouses’ lives.  Click each category below to read more. 

• CUSTODY – It is understandable that feelings can run very high regarding legal matters involving child custody and your rights as a parent. A compassionate representative can help you achieve the most favorable result possible in the best interest of a child.
• CHILD SUPPORT– When a parent is seeking support or is being asked to pay, it is critical to know your rights and how child support works in New Jersey. A skilled child support lawyer from Pagliara Law Group can help you understand this process, parental obligations, and how levels of support are determined.
• ADOPTION – Adoptions can be complex, especially when parental rights are being considered. Let us help you navigate the court system as you file for adoption and go through hearings.
• PATERNITY CLAIMS –Determining the parentage of children is extremely important. We can help you establish the truth and fight for your rights in a paternity battle.
• TERMINATION OF PARENTAL RIGHTS – The termination of parental rights can be an emotional situation. Let Pagliara Law Group help you navigate the legal issues while you focus on your family.
• GUARDIANSHIP – Establishing guardianship is an important step in aiding family members who need legal guidance. However, the process can be complicated and often involves a hearing. Let us help you expedite the process so you can move on with more pressing matters.
• EMANCIPATION–Emancipation of a minor can involve serious issues. Pagliara Law Group has experience representing people throughout New Jersey who are dealing with emancipation cases.
• DOMESTIC VIOLENCE– Legal situations involving domestic violence can be some of the most complicated and emotionally exhausting issues. If you’ve experienced domestic violence or been accused of it, contact us to find out how to proceed. We can help you manage your divorce, custody, and even criminal case in the face of domestic violence.
• NAME CHANGE – You may want to change your name for a variety of reasons, and New Jersey allows for that through an application with the court. This process involves a plethora of documents and a hearing. Pagliara Law Group is knowledgeable about the court system and will expedite the name change process.
• DEPT OF CHILD PROTECTION PERMANENCY(DCPP/DYFS) INVESTIGATIONS – If your parenting rights are being challenged by DCPP/DYFS, you need knowledgeable representation from a Jersey City family law attorney. Pagliara Law Group understands the complex laws and regulations of DCPP/DYFS, and we will help you navigate their system. We will make sure they respect your rights as a parent.
• PRENUPTIAL AGREEMENTS–Prenuptial agreements outline what will happen to you and your spouse’s assets and income in the case of a divorce, separation, or death.
• SPOUSAL SUPPORT – Whether or not one spouse should pay the other spousal support, also called alimony, is often challenged. There are numerous types of alimony, included temporary, limited, rehabilitative, and permanent.