(732) 741-2600

Call Today for a Free Case Evaluation

Divorce Lawyer in Aberdeen, New Jersey

Call For Free Consultation: (732) 741-2600

Understanding Divorce From Our Aberdeen Divorce Lawyer

Types of Divorces in New Jersey

Uncontested Divorce: Both spouses agree on key issues like child custody, asset division, and spousal support. This type is quicker, less expensive, and often requires minimal court involvement.

Contested Divorce: The spouses disagree on one or more issues, requiring court intervention. These divorces are usually longer, more costly, and may involve hearings, legal motions, or even a trial. The Law Offices of Sylvia C. Costantino, Esq., LLC can help guide you through the process and protect your interests.

New Jersey Divorce Requirements

Residency Requirement

In New Jersey, at least one spouse must have lived in the state for a minimum of 12 months before filing for divorce. If the grounds for divorce occurred outside the state, the residency requirement is waived.

Grounds for Divorce

No-Fault Grounds: The most common ground for divorce is irreconcilable differences, where the spouses have been separated for at least six months and cannot reconcile.

Fault-Based Grounds: These include adultery, abandonment, cruelty, or imprisonment. Fault grounds can sometimes affect division of assets or spousal support but are less commonly used.

Key Areas of Practice in Divorce

Child Custody and Visitation in New Jersey Divorce Cases

Child custody and visitation are often the most emotional and complicated aspects of a divorce in New Jersey. The state’s primary concern is always the best interests of the child.

Determining Child Custody in New Jersey

In New Jersey, custody is either physical (where the child lives) or legal (who makes key decisions, like education and health care). Parents can agree on custody, or the court will intervene if there is a dispute. Courts prefer shared custody, but if joint custody isn’t possible, one parent may be awarded sole custody.

Factors Influencing Custody Decisions

The court considers factors such as:

  • The child’s age and emotional/physical needs
  • The child’s relationship with each parent and family members
  • The parent’s ability to provide stability
  • The child’s preference (if mature enough)
  • Any history of abuse or neglect
  • Each parent’s willingness to co-parent and encourage the other parent’s relationship with the child.

Visitation Schedules and Modifications

When one parent has primary custody, the other usually gets visitation to ensure the child spends time with both. Visitation schedules can be modified after divorce due to significant changes, like relocation or evolving needs. Court approval is typically required to ensure the child’s best interests are maintained.

Equitable Distribution in New Jersey Divorce

New Jersey follows equitable distribution in divorce, meaning assets and debts are divided fairly, though not necessarily equally. Understanding financial rights and property division is essential for the future.

Equitable Distribution Laws in New Jersey

Equitable distribution is the fair division of property and debts acquired during marriage. New Jersey courts do not automatically split assets 50/50 but assess various factors to ensure a fair outcome based on both financial and non-financial contributions.

Marital vs. Separate Property

  • Marital property is any asset or debt accumulated during the marriage, including the family home, retirement accounts, and jointly held bank accounts.
  • Separate property includes assets owned by one spouse before the marriage or gifts/inheritances received during the marriage, provided they were not commingled with marital assets.


When dividing property, the court also considers the financial circumstances of each spouse, the duration of the marriage, and any other relevant factors.

Spousal Support (Alimony) in New Jersey Divorce

Spousal support, or alimony, provides financial assistance to a spouse after divorce, helping them maintain a standard of living similar to what was enjoyed during the marriage.

Factors Influencing Alimony Awards

In New Jersey, alimony is not automatically granted in every divorce. The court considers factors such as:

  • The length of the marriage
  • The financial needs and abilities of both spouses
  • The standard of living during the marriage
  • The age and health of each spouse
  • The earning capacity, skills, education, and work experience of both spouses
  • The contributions of each spouse to the marriage, both financial and non-financial

Types of Alimony in New Jersey

  • Temporary Alimony: Paid during the divorce process to help the spouse meet immediate needs.
  • Rehabilitative Alimony: Designed to support a spouse while they gain the education or skills necessary to support themselves.
  • Permanent Alimony: May be awarded after long-term marriages when one spouse is unlikely to become self-sufficient due to age, illness, or other factors.

Are You Searching for a Trusted “Divorce Lawyer Near Me?”

Why You Need an Aberdeen Divorce Attorney

Choose Our Top-Rated Monmouth County Divorce Lawyer

Why Choose the Law Offices of Sylvia C. Costantino, Esq., LLC as Your Aberdeen Divorce Lawyer?

Knowledge in Family Law:

Our lawyers focus on family law, providing skilled representation in divorce, custody, alimony, and property division.

Decades of Experience:

We bring a wealth of knowledge in New Jersey divorce law.

Proven Track Record:

With our proven track record of success, we have earned recognition for our professionalism and commitment to managing complex divorce cases.

Personalized Approach:

We tailor our strategies to meet your unique needs, providing customized legal solutions to achieve the best possible outcomes.

Compassionate Support:

We offer compassionate guidance, helping you navigate the emotional challenges of divorce with confidence.

Accessibility:

Known for our clear communication and responsiveness, we ensure that you are informed and involved at every stage of your case.

Client-Centered Approach:

We focus on your goals and work diligently to achieve them.

Divorce-Related Legal Services From the Law Offices of Sylvia C. Costantino, Esq., LLC Divorce Lawyer

Our team handles a wide range of divorce-related legal issues, including:

  • Uncontested and Contested Divorce: Whether you and your spouse have agreed on the terms or need court intervention, we are here to assist you.
  • Alimony and Spousal Support: Our lawyers determine fair financial arrangements that are tailored to your needs.
  • Child Custody and Support: Our lawyers prioritize the best interests of your children.
  • Property and Asset Division: Our lawyers divide marital assets equitably according to New Jersey law.
  • Domestic Violence Cases: We protect your safety with legal orders and representation.

Law Offices of SYLVIA S. COSTANTINO ESQ., LLC

The Steps of the Divorce Process From Our Aberdeen Divorce Attorney

The divorce process in New Jersey generally follows a specific set of legal steps:

1. Filing the Complaint

The divorce process begins when one spouse (the plaintiff) files a Complaint for Divorce with the family court. This document outlines the grounds for divorce and any related issues, such as child custody, support, and division of property.

2. Service of Process

Once the Complaint is filed, it must be officially served on the other spouse (the defendant). The defendant has a certain period to respond to the complaint.

3. Response

The defendant has 35 days to file an answer to the Complaint, where they can either agree or contest the terms of the divorce.

4. Discovery

In contested divorces, both parties are required to exchange financial documents, details about assets, and other pertinent information as part of the process.

5. Mediation and Settlement Negotiations

Before going to trial, New Jersey courts encourage couples to attempt mediation to resolve disputes. If mediation is unsuccessful, the case may proceed to trial.

6. Final Judgment of Divorce

If the case is settled or after a trial, the court will issue a Final Judgment of Divorce, which legally dissolves the marriage and outlines the terms of the divorce, including division of assets, custody arrangements, and support obligations.

Post-Divorce Modifications in Aberdeen: How Our Divorce Attorney Can Help Modify Divorce Agreements

Divorce agreements can be modified if circumstances change. In New Jersey, modifications to child custody, support, or alimony can be requested under certain conditions, such as:

  • Change in Custody or Visitation: If a parent’s situation changes (e.g., relocation or new relationships).
  • Child Support Adjustments: Changes in income, job loss, or the child’s needs.
  • Alimony Modifications: If a party’s financial situation changes significantly.

How to Request a Modification

  1. Consult an Attorney: Speak with our experienced family law attorneys to assess whether a modification is warranted.
  2. File a Motion: Submit a motion to the court explaining the need for modification due to changed circumstances.
  3. Provide Evidence: Submit supporting documents like financial records or proof of life changes.
  4. Attend a Hearing: A judge will hear both parties and make a ruling based on the best interests of the child or fairness.

Explore Mediation and Alternative Dispute Resolution (ADR) with Our Divorce Attorney

SYLVIA S. COSTANTINO ESQ., LLC

Frequently Asked Questions

New Jersey offers both fault and no-fault grounds for divorce. No-fault options include irreconcilable differences or separation for at least 18 months. Fault-based grounds include adultery, desertion, and extreme cruelty.

New Jersey follows equitable distribution laws, meaning assets and debts are divided fairly but not necessarily equally. Factors like income, contributions to the marriage, and future financial needs are considered.

While an uncontested divorce is simpler, our lawyers can ensure all legal documents are properly drafted, filed, and enforceable, preventing future disputes.

Helpful Resources for Aberdeen Divorce Cases

For additional information and support during your divorce, consider the following resources:

Call For Free Consultation: (732) 741-2600

Contact the Law Offices of Sylvia S. Costantino, Esq., LLC for Legal Support with Your Divorce from Our Divorce Lawyer

If you’re seeking compassionate and skilled divorce lawyers in Aberdeen, New Jersey, contact us today. The Law Offices of Sylvia C. Costantino, Esq., LLC is committed to helping you navigate your divorce with confidence. Call us at 732-741-2600 or visit our office to schedule a consultation.