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Divorce Lawyer in Matawan, New Jersey

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Understanding Divorce in Matawan with Our Divorce Lawyers

Grounds for Divorce: No-Fault vs. Fault Divorce

A no-fault divorce is the most common, where the spouse filing doesn’t need to prove wrongdoing. Grounds include irreconcilable differences (a six-month marriage breakdown) or living separately for at least 18 months.

In a fault divorce, one spouse blames the other for the marriage’s breakdown. Common grounds include adultery, desertion (leaving for over 12 months), extreme cruelty, and addiction or imprisonment.

How Long Does a Divorce Take in New Jersey?

The duration of a divorce in New Jersey varies based on whether it is contested or uncontested.

• Uncontested Divorce: If both parties agree on all issues, the process can take 3 to 6 months, assuming no delays.
• Contested Divorce: If there are disagreements, the process can take a year or more, depending on the complexity, hearings, and trial.

Key Divorce Issues in Matawan, New Jersey

During a divorce, several key issues may arise that require careful consideration:

Equitable Distribution of Property in New Jersey

New Jersey follows equitable distribution, meaning property is divided fairly, not equally. Factors include the length of marriage, financial contributions, and each spouse’s needs. Both marital and separate property are considered.

Custody and Child Support in Matawan

In Matawan, custody decisions focus on the child’s best interests, including the child’s relationship with each parent and each parent’s ability to meet the child’s needs. Child support is based on a formula considering both parents’ incomes and the time spent with the child, continuing until the child turns 18 or graduates high school.

Spousal Support (Alimony) in Divorce Cases

Spousal support (Alimony) may be awarded based on factors like marriage length, financial need, and the spouses' ability to pay. It may be temporary or permanent

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Steps in the Divorce Process Outlined by Our Divorce Lawyer

1. Filing a Complaint for Divorce

The divorce process begins when one spouse files a complaint for divorce with the court. This complaint outlines the grounds for divorce, which can be based on fault or no-fault reasons, and lists any claims for property, alimony, or child custody.

2. Serving the Complaint

Once the complaint is filed, the other spouse (the defendant) must be served with a copy of the complaint and a summons. The defendant then has a specified period (usually 35 days) to respond.

3. Discovery Process

During the discovery phase, both spouses exchange relevant documents and information regarding finances, assets, debts, and child custody arrangements. This step can take some time, depending on the complexity of the case.

4. Negotiation or Mediation

After discovery, the spouses may attempt to reach a settlement through negotiation or mediation. Mediation is a common approach in New Jersey, where a neutral third party helps both spouses reach a mutually agreeable resolution.

5. Trial

If the spouses cannot agree on key issues such as property division, custody, or alimony, the case may proceed to trial. A judge will make a final determination on the unresolved issues.

6. Final Judgment of Divorce

Once all issues are settled, either by agreement or trial, the court issues a Final Judgment of Divorce, officially ending the marriage.

Let Our Divorce Attorney Assist You with the Process of Modifying Your Agreement in Matawan

A post-divorce modification in Matawan, New Jersey refers to a legal change to the terms of a divorce agreement after the divorce is finalized. Modifications can address issues like child custody, child support, alimony, or other financial arrangements when there are significant changes in circumstances.

Circumstances for Modification

• Changes in Custody or Parenting Time: If a parent relocates or there are changes in a child’s needs, requiring adjustments to custody or visitation.
• Changes in Income or Financial Circumstances: A significant change in either party’s income, such as job loss or increased earnings.
• Remarriage or Cohabitation: Remarriage or cohabitation by the recipient of alimony or termination of alimony payments.
• Changes in the Child’s Needs: As children grow, their needs can change, prompting adjustments in child support or custody arrangements.
• Health Issues: Serious health changes to accommodate the affected party’s condition.

Requesting a Modification

To request a modification, the party must file a motion with the court, demonstrating a significant change in circumstances. The court will determine if the modification is in the best interest of the child or fair to both parties.

Divorce Mediation vs. Litigation: Our Divorce Attorneys Will Help You Choose the Best Option for Your Case

Divorce mediation in New Jersey is a cost-effective, faster, and less stressful alternative to litigation. It allows couples to have more control over the outcome, with tailored agreements. The process is confidential, reduces emotional stress, and is beneficial for children by promoting better co-parenting.

The Mediation Process in New Jersey

1. Choosing a Mediator: Spouses select a certified neutral mediator to guide the process.
2. Initial Meeting: The mediator explains the process and identifies key issues.
3. Negotiation: The mediator helps the couple negotiate solutions for issues like property division, alimony, and child custody.
4. Agreement: A Memorandum of Understanding (MOU) is drafted, outlining the agreed terms.
5. Finalizing the Divorce: The memorandum is submitted to court for approval and incorporated into the final divorce judgment.

Mediation vs. Traditional Litigation

Mediation is more affordable and faster than litigation, often resolving issues in weeks. It promotes cooperation, while litigation can be emotionally draining. In mediation, couples create their own solutions, whereas a judge decides in litigation. Mediation also offers more flexibility than rigid court decisions.

Divorce Myths in New Jersey: Common Misconceptions Debunked by Our Divorce Lawyer

Helpful Resources for Divorce in Matawan, New Jersey

Here are some helpful resources for individuals going through a divorce in Matawan, New Jersey:

SYLVIA S. COSTANTINO ESQ., LLC

Frequently Asked Questions

The first step in a New Jersey divorce is filing a divorce complaint with the court. After the complaint is filed, the other spouse will be served with the divorce papers.

The length of time it takes to finalize a divorce in New Jersey depends on the complexity of the case and whether both spouses can reach an agreement. An uncontested divorce can take a few months, while a contested divorce may take longer.

While it is possible to file for divorce without lawyers, having our divorce attorneys ensures your rights are protected and that you receive fair treatment during the process.

Monmouth County Divorce Attorneys
Call For Free Consultation: (732) 741-2600

Contact the Law Offices of Sylvia C. Costantino, Esq., LLC to Schedule a Consultation with Our Divorce Lawyer

If you are ready to move forward with your divorce, or if you have any questions, the Law Offices of Sylvia C. Costantino, Esq., LLC is here to help. Contact us today at 732-741-2600 to schedule a consultation with our experienced divorce lawyers in Matawan, New Jersey.

Weather in Matawan, NJ

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Humidity

About Matawan, NJ

Nestled in the heart of Matawan NJ, at the coordinates of 40.4118° N, 74.2324° W, the Law Offices of Sylvia Costantino stands as an emblem of stability in a lively, thriving community. Matawan, with its rich history, is not just a town; it's a tapestry woven with many vibrant threads. Each emblematic landmark, including the Matawan Town Hall, the historic Burrowes Mansion, Lake Lefferts, and the popular Matawan Creek, contributes to the distinctive character of this bustling town, making it an ideal hub for our family law services created intentionally for communities just like ours.

Here, at the heart of Monmouth County, Sylvia Costantino’s Red Bank Family Law Attorneys bring tailored legal solutions to the roughly 8,810 proud residents of Matawan. We extend our family law services throughout the diverse neighborhoods of Marc Woods, Oak Shades, Freneau, Cliffwood, and Morganville. Our firm not only conforms to local regulations but also upholds the spirit of Matawan, exemplifying our commitment to maintain the unique civic personality of this vibrant town.

Now, how does climate factor into legal services, you might ask? We cater to clients who may undergo unexpected legal circumstances triggered by climate-based changes —witnessing, for instance, the improvisations family law might need due to weather or sudden calamities, demonstrating an unhindered commitment to serve our clients.

Also, at the Law Offices of Sylvia Costantino, we do more than just observe the law. As an eco-friendly establishment, we are resolute in our contribution to Matawan's green community. We take pride in our initiatives towards reducing the carbon footprint, integrating sustainable solutions right from our office management to our legal undertakings.

So, whether you're enjoying a tranquil afternoon at Matawan's serene Lake Lefferts, or sipping coffee amidst the hustle-bustle of Cliffwood neighborhood, remember, our Red Bank Family Law Attorneys are ready to provide you with bespoke legal solutions. Giving Matawan's citizens access to legal services, we remain steadfast in navigating the complex terrain of family law that's shaped specifically for you.

Sylvia Costantino’s is your community law office because we acknowledge, serve and uphold the unique spirit of Matawan, NJ. Connect with us, and experience the difference a local law office can make.

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