Arrive at an Agreeable Settlement with Divorce Lawyers in NJ
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Going through a divorce can impact your finances, family structure, and daily life, but an experienced divorce attorney can make this transition as stress-free as possible. Graziano and Flynn’s New Jersey divorce lawyers will protect your assets and minimize your expenses so you can move on with your life.
With over 100 years of combined attorney experience, our divorce law firm knows how to handle divorces while minimizing stress for our clients. We resolve issues involving alimony, child support, and other family law disputes, fighting for your rights to achieve a fair outcome.
Don’t go through divorce alone. Contact Graziano and Flynn to speak with our experienced New Jersey divorce lawyers about your case today.
Our New Jersey Divorce Lawyers Are Ready To Assist You
Arriving at an agreeable settlement between you and your spouse can impact you, your children, and your future. Hiring an experienced law firm with divorce attorneys familiar with New Jersey family law is invaluable, as they can help you plan effectively and represent your best interests in the divorce process.
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How Graziano & Flynn’s Family Lawyers Help With Your Divorce
At Graziano & Flynn, P.C., our New Jersey divorce attorneys employ a compassionate approach to your divorce proceedings. We know that no two divorces are the same, as each is unique. Our experienced divorce lawyers explain how New Jersey law pertains to your family law issue and help you devise a plan to reduce emotional stress and minimize expenses.
Things to Consider When Contemplating Divorce in NJ
In our experience as New Jersey divorce planning lawyers, we encourage all of our clients to consider these common issues when planning for a divorce:
- Your children’s educational plans
- Purchasing a new or larger home
- Parental involvement in your children’s lives
- Estate planning and designated beneficiaries
- Tax implications of possible child custody agreements
- How retirement plans impact qualified domestic relations orders (QDROs)
- Established lifestyle and alimony issues
- New or expanding business ventures
- Seeking new employment
When reviewing your family law case, we consider all of these possibilities to build a divorce plan that centers your interests, emotions, and needs.
Two Types of Divorce in New Jersey
While each divorce is different, there are two types of divorce cases under New Jersey family law: contested or uncontested divorce.
Contested Divorce
When the couple cannot agree on divorce terms, it’s considered a contested divorce process. These cases can lead to court litigation where a judge decides the terms of your divorce for you. Contested divorces typically occur in cases with:
- High-net-worth couples
- Business owners
- Asset and debt division
- Child support
- Child custody
Because contested causes can involve litigation, they are very stressful and emotionally draining. Having an experienced NJ divorce lawyer in your corner will empower you to make favorable legal decisions so that you can focus on healing and moving forward.
Uncontested Divorce
Uncontested divorces are the result of both parties agreeing to divorce terms. Usually, couples undergoing an uncontested divorce don’t share children, haven’t been married for very long, and don’t have many assets between them.
Two Types of Divorce Actions in New Jersey
New Jersey family law recognizes two types of divorce actions: no-fault and fault-based.
No-Fault Divorce
There are two ways in which a couple can qualify for a no-fault divorce in NJ, which generally means the couple simply no longer wishes to be married:
- One of the spouses has been a New Jersey resident for at least one year, and the couple has lived apart for 18 months with no hope for reconciliation.
- Irreconcilable differences have existed for six months, with or without separation, and there is no reasonable prospect of reconciliation.
Fault-Based Divorce
Historically, the only way to end a marriage was based on fault. This meant the “innocent” spouse had to prove the other spouse’s “guilt.” While it is easier to obtain a no-fault divorce, the main advantage of a fault-based divorce is that the other spouse’s conduct may affect the Court’s decisions regarding other issues, such as child custody.
Grounds for Filing a Fault-Based Divorce
To obtain a fault-based divorce in New Jersey, you have a legally recognized reason, i.e., grounds. The spouse seeking a fault-based divorce must prove the grounds for the divorce. New Jersey family law (NJ Rev Stat § 2A:34-2) specifies the grounds to justify a fault-based divorce, including:
- Extreme Cruelty – Any conduct that endangers a person’s health and welfare or makes it impossible for them to remain with the abusive spouse. This can include actions of domestic violence or emotional abuse. The spouse seeking a divorce must certify an act of extreme cruelty three months prior to filing the divorce lawsuit.
- Adultery – The spouse seeking a divorce must prove the other spouse has been unfaithful. Direct proof is not required. Instead, circumstantial evidence such as photos, emails, and text messages is sufficient.
- Desertion – This is also known as “abandonment”. The spouse seeking divorce must prove the other spouse left them without legal justification. Additionally, the abandonment must be intentional.
- Addiction – Sadly, some people develop substance issues, which ultimately make it impossible for their spouses to remain married to them. To claim addiction as grounds for divorce, you must prove your spouse has developed an addiction that has lasted for 12 months. You can obtain a divorce if your spouse has become addicted to alcohol or some other type of narcotic.
- Institutionalization – Some people randomly develop mental health conditions, such as schizophrenia, which require them to be institutionalized. This can serve as grounds for divorce. To obtain a divorce for institutionalization, you must prove your spouse has suffered a mental illness that has caused them to be institutionalized for years prior to filing the lawsuit.
- Imprisonment – If your spouse has been imprisoned for at least 18 months, you can seek a divorce. You must provide your spouse notice of the divorce lawsuit. Additionally, you must also provide notice to the prison officials if your spouse intends to appear in court.
- Deviant Sexual Conduct – There is no precise definition of deviant sexual conduct. Instead, NJ Rev Stat § 2A:34-2 defines it as conduct one spouse engages in with the other spouse’s consent.
What to Expect from the New Jersey Divorce Process
Depending on the type of divorce you seek, i.e., contested vs. uncontested, the process can become tedious, prolonged, and stressful. This is because obtaining a divorce requires you to file a lawsuit. Sadly, the litigation process is inherently adversarial which is why hiring an experienced divorce attorney is invaluable in protecting your best interests.
File for Divorce
To obtain a divorce in New Jersey, you must file a Complaint for Divorce. Before filing the Complainant, either you or your spouse must have lived in the State for at least one year pursuant to New Jersey law (2A:34-10). Assuming you are able to satisfy New Jersey’s residency requirement, you must file the Complaint with the correct court in order to begin the divorce litigation process.
Apply for a Temporary Order
If you are financially dependent on your spouse, you can seek temporary alimony under New Jersey law (2A:34-23). This is designed to support you during the divorce process. You can also seek temporary custody of your children.
Submit Proof of Service
When a person files a lawsuit, they must place the opposing party on notice of the lawsuit. This is known as service of process. After you serve your spouse with a copy of the lawsuit, you must provide the court with proof of service showing they were served with the divorce lawsuit.
File for Begin Settlement Talks
A divorce can quickly become expensive, especially if it is a contested fault-based divorce. Stated simply, a divorce that is fully litigated may require extensive discovery, multiple hearings, and a trial. The stress and expense of divorce can be avoided if a settlement is reached, which is why settlement discussions should be considered.
Matrimonial Early Settlement Panels (MESP)
Usually between the end of discovery and a trial date, a MESP is scheduled. Two experienced family law lawyers sit as a panel and make recommendations to resolve the case. The recommendations are not binding but generally do provide a potential roadmap for resolution. Graziano & Flynn lawyers serve as panelists and have presented countless cases to panels. This experience is invaluable in reaching a more than satisfactory result for our clients.
Mediation
Sometimes before a trial a Judge will order the parties to choose a mediator and attempt to resolve the case. This can be a useful effort. Graziano & Flynn lawyers have utilized a mediator on innumerable occasions. When successful, a divorce mediation saves the client substantial counsel fees that would be spent on a trial.
Begin the Trial
Some divorce cases cannot be resolved via mediation or settlement discussion. This means the case must be taken to trial so a judge can resolve all disputed issues. The trial for your divorce will likely require you and other witnesses to testify in court.
Finalize the Divorce
The ultimate goal of a divorce is to end a marriage. A divorce is finalized when all contested issues are decided by a judge. Ultimately, a divorce case is over and finalized when a judge issues a divorce judgment.
How to Finalize Your Divorce
If you and your spouse are on good terms, you can finalize your divorce by resolving any contested issues via settlement discussions. If settlement discussions are unproductive, you may want to consider divorce mediation. Ultimately, if your divorce case requires litigation, you should work closely with your New Jersey Divorce Attorney in order to streamline the process.
Divorce & Separation: What’s the Difference?
A divorce marks a complete dissolution of the marriage in New Jersey. That said, you don’t need to get a divorce to separate lives. A couple can negotiate a property settlement without needing to file for divorce. While New Jersey doesn’t recognize formal legal separation, the Property Settlement Agreement is acknowledged and constitutes separation.
The couple can separate, respect each other’s rights, determine a parenting plan, provide spousal support, and divide assets without dissolving the marriage through a property agreement.
Contact a New Jersey Divorce Lawyer for Your Free Consultation
You don’t want to navigate the complexities of divorce alone. Contact Graziano & Flynn, P.C., where one of our experienced and understanding New Jersey divorce attorneys will conduct an initial consultation, assess your case, and help you plan for the future.
Reach out to us at 856-499-435 (toll-free 877-629-3449) or send us an email, and we will respond promptly.
Resolving Divorce-Related Issues in New Jersey
At Graziano & Flynn, P.C., a NJ divorce attorney can help you resolve the following divorce-related issues:
- Alimony
- Ancillary Services
- Business Owner Divorce
- Child Custody
- Child Support
- Complex Division of Property
- Defining Marital Property
- Dissolution of Civil Unions
- Distribution of Debts
- Division of High-Value Assets
- Division of Retirement Accounts
- Divorce Mediation
- Divorce Planning
- Domestic Partnership Divorce
- Domestic Violence
- Gaslighting
- Grandparents’ Rights
- High Net Divorce
- Military Divorce
- Narcissism
- Post-Judgment Modification
- Separation Agreements
- Simple Division of Property
Our Family Law Attorneys Also Handle Issues Involving
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Talk with an Experienced New Jersey Divorce Lawyer
If you are in an unhappy marriage and are considering divorce, it is essential to speak with an experienced New Jersey family law attorney. The lawyers at Graziano & Flynn, P.C., have decades of practicing family law and can help you end a painful chapter of your life while also protecting your rights. To learn about our service, New Jersey divorce laws, and your legal options, contact us today for a free consultation.
