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Divorce Lawyer in Freehold, New Jersey

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Understanding Divorce Law from Our Freehold Divorce Lawyer

Grounds for Divorce in New Jersey

No-Fault Divorce: In New Jersey, the easiest way to get a divorce is through a no-fault divorce. In this case, neither spouse needs to prove wrongdoing. The couple can divorce due to irreconcilable differences, meaning the marriage is beyond repair. One spouse must have lived in New Jersey for at least a year before filing. This method is usually less stressful and can lead to a faster resolution.

Fault-Based Divorce: A fault-based divorce happens when one spouse is blamed for causing the marriage to break down. In New Jersey, reasons for a fault-based divorce include adultery, cruelty, abandonment, imprisonment, and addiction. These divorces can be more emotionally difficult and take longer.

Residency Requirements for Divorce in New Jersey

To file for divorce in New Jersey, at least one spouse must have been a resident for one year, unless the divorce is based on adultery, in which case the residency requirement is waived.

Divorce Key Considerations in New Jersey

Division of Property: Equitable Distribution Explained

In Freehold, New Jersey, divorce law follows the principle of equitable distribution, meaning marital property is divided fairly, but not necessarily equally.

What Property is Divided?

  • Marital property consists of assets and debts acquired during the marriage, including real estate, retirement accounts, bank accounts and investments, personal property, and debts such as mortgages.
  • Separate property, such as gifts or inheritances, is generally not subject to division.

How is Property Divided?

The court considers factors like:

  • Length of the Marriage: Longer marriages may lead to more equal divisions.
  • Contributions: Both financial and non-financial contributions (e.g., homemaking) are taken into account.
  • Financial Status: The economic standing of each spouse after the divorce.

Alimony and Child Support

In New Jersey, alimony helps provide financial support to a spouse who may not be able to support themselves after divorce.

Types of Alimony

  • Temporary Alimony: Awarded during the divorce process to maintain the recipient spouse’s standard of living.
  • Rehabilitative Alimony: Given for a set period to help the recipient spouse become self-supporting through education or job training.
  • Permanent Alimony: Typically awarded after long marriages, especially if one spouse cannot support themselves due to age or health issues.

Factors Influencing Alimony Decisions

  • Income and Earning Potential: The court considers both spouses’ income and future earning abilities.
  • Duration of the Marriage: Longer marriages may result in longer alimony awards.
  • Standard of Living: The goal is to maintain a similar standard of living for both spouses post-divorce.
  • Ability to Pay: Alimony is only awarded based on the payor’s ability to afford it.

The amount of child support is generally based on New Jersey’s Child Support Guidelines, which take into account the incomes of both parents and the amount of time each parent spends with the children.

Child Custody and Parenting Time

In New Jersey, custody is divided into legal custody (decision-making authority) and physical custody (where the child lives).

  • Joint Custody: Preferred by the courts, where both parents share decision-making and/or physical custody. This can be joint legal custody (shared decision-making) or joint physical custody (shared living time).
  • Sole Custody: One parent has full legal and/or physical custody. This may be awarded if joint custody isn’t possible due to issues like abuse or neglect.
  • Third-Party Custody: In rare cases, a grandparent or relative may be awarded custody if the parents are unfit.

Factors Judges Consider in Custody Decisions

When deciding custody, New Jersey judges consider the child’s best interests, evaluating factors such as:

  • Child’s preference (if old enough)
  • Parent cooperation and ability to communicate
  • Living arrangements and home stability
  • The relationship with each parent
  • Parental health and work schedules
  • History of abuse or neglect
  • Child’s adjustment to their current environment

Visitation Rights in New Jersey

When one parent has sole custody, the other parent typically gets visitation rights, with a schedule decided by the court. Visitation can be:

  • Standard: Regular weekends and holidays
  • Supervised: A neutral third party must be present
  • Virtual: Through video calls or digital means

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

Why You Need a Freehold Divorce Lawyer

Choose Our Top-Rated Monmouth County Divorce Lawyer

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

Experience in Family Law:

We focus exclusively on family law, offering extensive knowledge and experience in managing divorce cases, ensuring your legal matters are handled by professionals skilled in this field.

Proven Track Record:

Our firm has a proven track record of success in family law cases, showcasing our ability to effectively represent clients in complex legal matters.

Client-Centric Approach:

Clients commend our firm for its compassionate and personalized service. Testimonials highlight our dedication to understanding each client's unique circumstances and providing tailored legal solutions.

Comprehensive Services:

Our firm offers a wide range of family law services, including divorce, child custody, alimony, and property division, ensuring that every aspect of your case is addressed under one roof.
Law Offices of Sylvia S. Costantino Esq., LLC

The Steps of the Divorce Process from Our Freehold Divorce Attorney

1. Initial Consultation

The first step is meeting with our attorneys to discuss the details of your case. This includes information about your marriage, children, assets, and the desired outcome.

2. Filing the Divorce Petition

Once the decision to divorce has been made, our attorneys will file the necessary paperwork with the court, including the divorce petition.

3. Serving the Divorce Papers

Once the Divorce Complaint is filed, the other spouse (the defendant) must be served with a copy of the complaint. This is typically done by a process server, sheriff, or certified mail. The defendant has a set period, usually 35 days, to respond to the complaint.

4. Response and Counterclaim

If the defendant agrees with the terms of the divorce, they may file an Answer, which may include a Counterclaim. If the defendant disputes the terms, the case will proceed to mediation or trial

5. Discovery Process

This phase involves gathering financial information and other relevant documents. Both parties exchange details about assets, debts, income, and property.

6. Negotiation and Settlement

During this phase, our attorneys will work with the opposing party to negotiate terms regarding property division, child custody, child support, and spousal support.

7. Mediation or Court Proceedings

If an agreement can’t be reached, our lawyers may recommend mediation or represent you in court to resolve outstanding issues.

8. Finalizing the Divorce

Once a settlement is reached or a judgment is made, your divorce is finalized. Our attorneys ensure the agreement is legally binding and that all final details are covered.

Types of Divorce Cases

  • Contested Divorce: If you and your spouse disagree on key issues, such as asset division or child custody, a contested divorce may be required. Our team is well-equipped to handle these complex disputes.
  • Uncontested Divorce: If both parties agree on all major issues, an uncontested divorce can be a quicker and less expensive option. We help facilitate this process to ensure everything is legally sound.
  • High Net-Worth Divorce: If your divorce involves significant assets, business interests, or complex financial matters, our experienced lawyers will work with financial professionals to ensure equitable distribution.
  • Divorce with Children: Child custody and child support are often the most contentious issues in divorce. We strive to reach an arrangement that benefits both parents and the children involved.

How to Modify Divorce Agreements and Court Orders with the Help of Our Divorce Attorney

SYLVIA S. COSTANTINO ESQ., LLC

Frequently Asked Questions

The length of a divorce case can vary depending on whether it’s contested or uncontested. Generally, uncontested divorces can take a few months, while contested divorces may take longer, especially if complex issues are involved.

New Jersey follows equitable distribution laws, meaning property is divided fairly but not necessarily equally. Factors such as the length of the marriage, each party’s financial contributions, and the needs of any children involved are considered.

Alimony may be awarded to one spouse depending on the length of the marriage and the financial circumstances of both parties. It is meant to provide financial support to the spouse in need after divorce.

Helpful Resources on Divorce Law in New Jersey

For further information on divorce law in New Jersey, these authoritative websites may be helpful:

  • New Jersey Judiciary – Family Law: The official site provides information on divorce procedures, custody, support, and court forms.
  • American Bar Association – Divorce Resources: The ABA offers legal guides and articles on divorce, child custody, and alimony.
  • New Jersey Divorce Laws – Nolo: Nolo explains New Jersey’s divorce laws, covering topics like no-fault divorce, alimony, and property division.
Monmouth County Divorce Attorneys
Call For Free Consultation: (732) 741-2600

Take the Next Step in Your Divorce: Contact the Law Offices of Sylvia S. Costantino, Esq., LLC with Our Freehold Divorce Lawyer

If you’re ready to take the next step in your divorce, contact the Law Offices of Sylvia C. Costantino, Esq., LLC today to schedule your consultation with our experienced divorce lawyers in Freehold, New Jersey. Call us at 732-741-2600 or reach out online to get started.

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About Freehold, NJ

Welcome to Freehold, NJ, a charming township teeming with rich history and vibrant communities! Nestled at the coordinates of 40.2137° N, 74.3003° W, Freehold, has flourished into a bustling hub, carving out space for businesses like ours, Law Offices of Sylvia Costantino, Red Bank Family Law Attorneys.

Freehold's past is steeped in the American Revolutionary War, lending character to its local spots like the Monmouth County Courthouse, the Freehold Borough Hall, and the iconic American Hotel. Centennial Park and Turkey Swamp Park, too, narrate tales of a verdant past while providing the townsfolk with spaces for relaxation and recreation.

With a growing population of over 35,000 residents, Freehold boasts off diverse neighborhoods, and we are proud to serve them all. From the welcoming avenues of East Freehold to the bustling streets of Siloam, from the quaint lanes of Georgia to the scenic vistas of Stavola, and right down to the charming community of Smithburg, we've got them covered.

Law Offices of Sylvia Costantino respects Freehold's eco-conscious community. We use recycled paper for documentation and encourage digital communication to reduce our carbon footprint. We prioritize understanding the local climate to ensure effective and compassionate legal guidance.

Our office is well-versed in Freehold’s local regulations, providing residents peace of mind knowing they're compliant with the township's ordinances. In addition, we’re well-equipped to help our clients in all family law matters, a niche service stemming from our deep understanding of Freehold's community and its needs.

Experience the difference with our tailored Red Bank Family Law Attorney services at the Law Offices of Sylvia Costantino. As a fellow inhabitant of this unique township, we ensure that our services resonate with the spirit of Freehold, NJ. We invite you to engage with our Law offices for a personalized experience. Because here in Freehold, we are more than just neighbours; we are a family.

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