Monmouth County Divorce Process
Going through a divorce can be an especially trying time for all parties involved. If you are involved in a divorce or considering initiating divorce proceedings, an experienced divorce attorney can help you through the Monmouth County divorce process.Grounds for New Jersey Divorce
In addition to the most common grounds of irreconcilable differences, New Jersey allows several other grounds for divorce including: Abandonment and willful desertion for a year or more Extreme crueltySeparation for an 18-month period with no hope for reconciliationHabitual addiction to narcotics or alcohol for 12 months or moreInstitutionalization for mental illness for two years or moreImprisonment for 18 months or moreDeviant sexual conductChild Custody and Parenting Time
New Jersey is considered a no-fault state when it comes to how the breakup of the marriage occurred impacting matters of child custody. This means that even if adultery took place and can be proved, it is not likely to impact either party's access to their children.
Factors the court does consider when determining child custody matters in a Monmouth County divorce process include:The best interest of the childWhether parties are willing to co-parent and not disparage each other The child's preference if they are 12 or olderThe parents' fitness and their homes' stability or lack thereofWhether there is any history of domestic violence or child abuseThe relationship the child has with each parent and their siblingsThe child's relationship with other meaningful family members, such as stepparents and grandparentsThe parents' employment situations and ability to support their childrenDivision of Assets and Debts
The goal of New Jersey divorce law is to arrive at an equitable division of the marital assets. In determining who gets what, the court will typically consider numerous relevant factors, including but not limited to:The marriage's durationThe assets each party brought into the marriageEach party's health, mental status, and ageThe standard of living enjoyed by both parties during the marriageAny prenuptial or postnuptial agreements in placeBoth parties' income and earning potentialTax consequencesBoth spouses' debts and liabilitiesWhether the children are adequately provided forThe contributions that each party made to the marriage, whether monetary, through child-rearing, or through making improvements to property and investmentsAlimony in New Jersey Divorces
Unlike matters of asset division and child custody, alimony issues in New Jersey may indeed be impacted by whether infidelity occurred, or who is at fault for causing the marriage to breakup.
When considering whether to award alimony and in what amount and duration, the court may take into account several factors, including:The reasons why the spouse may need continued supportWhether one spouse supported their partner through school or career trainingWhether the spouse worked as a stay at home parent or caregiver The spouse's own income and ability to support themselves, andWhether the spouse is cohabitating with a new partnerConsult With a Monmouth County Divorce Attorney
New Jersey divorces can be complex and emotionally fraught, and for this reason, it is important to have an experienced family law attorney by your side throughout your Monmouth County divorce process.
Whether you and your spouse are able to reach an agreement through collaborative divorce proceedings, or you chose to move forward before a family court judge, your skilled Monmouth County divorce attorney can help you make the choices that are right for your family.