The Law Office of Jennifer Marshall, Esq.
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Jennifer Marshall, LLC
Getting divorced is a complex and highly emotional process, even when you and your spouse agree that it is the right thing to do. However, not everyone is on the same page as their spouse when they decide to go their separate ways; if you cannot agree on the terms of your separation, a divorce process that can take weeks under the best of circumstances may end up dragging out for months or even more than a year.
Fortunately, there is help available from a dedicated family attorney who knows exactly how tough this process can often be and is ready to fight for the positive outcome you need to move forward. From the initial filing to your final court order, Jennifer Marshall can be a steadfast ally and source of legal guidance. When you are considering a divorce, do not hesitate to contact our firm to speak with a compassionate attorney.
To get divorced in the Garden State, you, your spouse, or both of you must currently live in New Jersey and have lived here for at least one continuous year prior to filing. The only exception is if you are filing for divorce based on the non-filing spouse’s adultery, in which case, state law only requires you to be a current New Jersey resident without putting any other time limits in place.
While you can pursue a “fault-based” divorce in New Jersey, many couples file based on “irreconcilable differences” between them—essentially, based on the grounds that their marriage has completely broken down and there is no realistic chance of repairing the relationship. As our Piscataway divorce attorney can further explain, you cannot file for divorce based on irreconcilable differences until those “differences have been affecting your relationship for at least six months.”
The divorce process in Piscataway begins with filling out and filing a Complaint for Divorce and submitting it—along with a $300 fee or formal request for the fee to be waived, a Divorce Summons, and various other forms—to the court. You can do this by mailing two copies of all necessary documents directly to the Family Division of the Superior Court or by going through the online Judiciary Electronic Document Submission (JEDS) system. Either way, assistance from Jennifer Marshall, a seasoned divorce lawyer in Piscataway, can be crucial to making sure all the required forms are completed correctly and that you follow all the rules for submission.
Once the court has processed your initial Complaint, you must “serve” the Divorce Summons you also filled out on your spouse within 30 days, which can be done through a private process server or the Sheriff’s Office. After this, you have a few options for how to finalize your divorce and come to an agreement with your spouse on all relevant marital issues, including mediation, arbitration, and—on recommendation from a judge—an Early Settlement Panel.
The Administrative Office of the Courts says it should take 1 year from filing to trial. Honestly, a divorce takes as long as the parties want it to. If you can reach a settlement, you could be divorced in weeks or months.
For a divorce, a retainer could start between $5,000 to $7,500, depending on the assets and issues at stake. A divorce with a child custody dispute, where experts are needed, you will be spending closer to $20,000 with expert costs.
The short answer is yes. Divorce is a highly emotional area of the law that is hard for people going through it to represent themselves. Having an attorney who is not emotionally connected to the matter helps get through it faster and ensures your rights are protected.
To file for divorce, you need to file a Complaint for Divorce. That is either done through an attorney, or you file it pro se (on your own). If you file on your own, there is a packet available online through the Court, or you can pick the packet up from the clerk in the county courthouse where you reside.
It depends on what was agreed upon between the parties or ordered by the Judge after a trial. It will either be sold, split, or transferred to a party. Some property is even retained by a party as part of settlement negotiations.
In New Jersey, we use the New Jersey Child Support Worksheet, which comes in the form of a program that the court and attorneys have. It factors in things like gross income, parenting time, medical/daycare expenses, and other dependents a party might have that they are already paying for.
Child custody is different than parenting time. Custody is really about who has the decision-making. Joint custody is the most common, meaning both parties make decisions concerning the health, safety, education, and welfare of their child. Sole custody means one party makes those decisions.
You can if the other party has always made more money than you. How much and for how long depends on factors the court considers and how long you were married before you filed the Complaint.
A contested divorce is a divorce that goes through the system up to trial, where a judge makes the decision. An uncontested divorce is when the parties reach a settlement and put the divorce through, or a party gets a divorce by default because the other party failed to answer the Complaint.
A no-fault divorce is a divorce in which neither party is required to prove wrongdoing by the other spouse. Instead, the complaint is typically based on irreconcilable differences or, in some cases, a period of separation. Most no-fault divorces are filed on the grounds of irreconcilable differences.
This is just a short overview of everything that goes into the marriage “dissolution” process in Piscataway. Odds are, you will run into all kinds of unique personal obstacles and procedural problems that, if you are not ready to address them proactively, could lead to your divorce taking much longer than needed and having an unsatisfactory outcome for you.
Working closely with a qualified Piscataway divorce lawyer can dramatically improve your odds of getting the result you want from your divorce. Call our firm today to learn more from Jennifer Marshall.
The Law Office of Jennifer Marshall, Esq.
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