Edison Township Contested Divorce Lawyer

There are many challenges presented to a person during the divorce process in Edison Township. While any kind of divorce can be stressful, a dissolution of marriage that is contested may offer significantly more complex issues. This may often strain finances and emotions on both sides of the divorce.

Facing the challenges of a contested divorce may seem overwhelming without the advice of a seasoned attorney. When someone is unfamiliar with how divorce proceedings take place and the elements that may be involved, the entire process may seem impossible. An experienced Edison Township contested divorce lawyer could help by explaining the process and advising on how to proceed.

Requirements for Divorce

Most states, including New Jersey, have developed a no-fault divorce process based on irreconcilable differences. Generally, New Jersey law requires that:

  • Irreconcilable differences occurred between the two for at least six months
  • Both parties resided in the state for 12 straight months
  • No reasonable chance of reconciliation

In some cases, it may benefit someone to demonstrate that any misconduct on part of the other spouse made it very difficult for the marriage to continue. This may cause the court to look more favorably on the spouse seeking the divorce when deciding issues such as child custody and visitation. 

The financial aspects of divorce alone can be very tough to handle. Some of these may include financial disclosure requirements or whether one party should be required to pay alimony to the other. Child support and division of retirement benefits may also be discussed. For more information, get in contact with an Edison Township contested divorce lawyer today.

Division of Property

Some states use a community property approach, under which all assets acquired during the marriage must be divided equally. But most states, including New Jersey, are common law property states, where the courts have more flexibility.

Distribution between the two spouses is ideally supposed to be fair, but it may not necessarily be equal. Generally, this means that either spouse could get as little as one-third of the property or as much as two-thirds.

Judges can weigh many factors before reaching a decision. Often, they may consider:

  • The salary of each spouse
  • The level of contribution one spouse may have made by being the primary caregiver to the children
  • The financial prospects of each in the future

Many of the assets that are divided up are financial. Stocks, bonds, money in bank accounts, or even rights to deferred compensation, may be considered a divisible asset. Often one of the biggest assets that a person may need to consider dividing is the family residence.

Unless the divorce is bitterly contested, it is typically better to sit down and negotiate a settlement that suits the individual couple’s needs, rather than the one size fits all approach mandated by state law.

Child Custody and Visitation in Edison Township

Child custody and visitation rights frequently are the most emotionally fraught issue. In any family law matters, the courts will typically look to the best interests of the children before deciding. However, determining what those best interests are can be complicated.

Some factors the courts may consider when examining child custody and visitation rights include parenting skills, willingness and ability to provide primary child care, employment status, physical and mental health, emotional ties of the parent and child, moral fitness, and preference of the child.

Talk to an Edison Township Contested Divorce Attorney

Going through a divorce can be incredibly difficult. However, an Edison Township contested divorce lawyer could help explain the process step by step and potentially represent you during court proceedings. If you are making complicated legal decisions surrounding a contested divorce, these decisions may influence your lifestyle for years to come. Contact an attorney for an appointment.