The decision to seek a divorce marks a critical and often painful crossroads. How people handle this challenge can affect the course of their lives for years to come. Finding a New Jersey divorce attorney that understands an individual's situation and needs is important. Finding competent legal advice for New Jersey family law related issues is vital.
Sam attentively guides his clients through the divorce process to a better future. His goal is to help them make a successful transition to the next stage of their lives. This requires the legal and financial skills essential to navigating through the difficult transitions that often arise from a dissolution of marriage. This starts with negotiating pre-nuptial and post-nuptial agreements, identifying and valuing businesses and other assets, and includes issues involving spousal support, child custody, visitation and support, and when necessary, litigating at trials and appeals in matrimonial cases. In all cases, Sam is an attentive and compassionate legal advocate for his family law clients.
As a New Jersey divorce attorney, Sam has the skills and experience necessary to present his clients with the best alternatives for the dissolution of their marriage. Here are the options available for those looking to divorce under New Jersey law:
Uncontested divorce: In an uncontested divorce, the parties have come to terms regarding their differences and decided on an agreement. This also includes circumstances where neither the husband, wife or same sex partner contests the concerns raised by the filing party. The defendant also does not dispute the reasons that the plaintiff filed the divorce papers. Generally, the issues considered as part of an uncontested divorce involve the following:
- Division of assets or equitable distribution
- Child Support
- Child Custody, Parenting time/Visitation schedule
- Spousal Support or alimony
- Change of name if requested
Contested divorce: In a contested divorce, the parties have not come to an agreement regarding at least one of the issues stated above. There may also be problems determining business valuation. In addition, the individuals may also disagree on the circumstances that led to the end of the marriage and require judicial intervention.
Annulment: In some circumstances, either of the parties may feel that the marriage fits the criteria for annulment. This differs from annulments granted by some religious sects. The grounds for annulment in New Jersey are:
- Bigamy – One of the parties failed to disclose that they were still married to someone else
- Fraud – Proof of fraudulent statements made in conjunction with the marriage
- Age of Consent – One of the parties was under the legal age (18) to be married
- Incest – The parties married without realizing they were blood relatives
- Mental Incapacity – One of the parties did not have the mental capacity to make the decision to become married
- Impotence – There was no knowledge that one of the parties suffered from impotency
- Duress – There is a contention that one of the parties was forced into the marriage and subject to physical or mental harm
Alternate Dispute Resolution: New Jersey enlists three basic types of alternate dispute resolution in conjunction with divorce and dissolution of marriage. They are:
- Mediation - Mediation is suitable for couples who recognize their differences and want to have some control over the dissolution of their marriage. When a couple opts to end their marriage through mediation, Sam works with them to help them draft their own divorce agreement. A mediator oversees the process.
- Arbitration – Instead of appearing before a judge, some New Jersey couples present their divorce matter to a skilled arbitrator. The arbitrator evaluates the facts and makes a ruling based on his/her review of the proposed documentation. The case may be presented for judicial review if the arbitrator's decision is not found acceptable.
- Collaborative Divorce – Collaborative Divorce is considered a non-adversarial process as the parties have agreed to work together and not pursue litigation. This type of divorce requires the parties and their lawyers to meet together to discuss the issues with the goal of finding their own solutions to the dissolution of marriage.
Couples who are divorcing may not recognize that there are so many options available for their consideration. None of these are decisions that should be taken lightly. Sam has the family law experience necessary to guide his clients in the right direction. His legal advice regarding divorce situations is based on his evaluation of the client's circumstances.
- What You Need to Know about Health Insurance and Divorce
- 23 Simple Lies that Can Get People Divorced
- Equitable Distribution After Your Divorce is Final
- How does divorce affect a grandparent's role in their grandchildren's lives?
- How soon after a divorce may my new significant other spend the night?
- How is the length of an alimony award determined?
- Helpful Hints to Take Some of the Angst Out of Divorce
- Divorce's Impact On Your Obligation to Pay College Tuition
- Advanced Vacation Planning is Especially Important for Divorced Parents
- The Value of a Prenuptial Agreement