Edward R. Weinstein, Esq.Edward R. Weinstein, Esq.

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 cruelty
  • Separation for an 18-month period with no hope for reconciliation
  • Habitual addiction to narcotics or alcohol for 12 months or more
  • Institutionalization for mental illness for two years or more
  • Imprisonment for 18 months or more
  • Deviant sexual conduct
  • Child 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 child
  • Whether parties are willing to co-parent and not disparage each other
  • The child's preference if they are 12 or older
  • The parents' fitness and their homes' stability or lack thereof
  • Whether there is any history of domestic violence or child abuse
  • The relationship the child has with each parent and their siblings
  • The child's relationship with other meaningful family members, such as stepparents and grandparents
  • The parents' employment situations and ability to support their children
  • Division 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 duration
  • The assets each party brought into the marriage
  • Each party's health, mental status, and age
  • The standard of living enjoyed by both parties during the marriage
  • Any prenuptial or postnuptial agreements in place
  • Both parties' income and earning potential
  • Tax consequences
  • Both spouses' debts and liabilities
  • Whether the children are adequately provided for
  • The contributions that each party made to the marriage, whether monetary, through child-rearing, or through making improvements to property and investments
  • Alimony 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 support
  • Whether one spouse supported their partner through school or career training
  • Whether the spouse worked as a stay at home parent or caregiver
  • The spouse's own income and ability to support themselves, and
  • Whether the spouse is cohabitating with a new partner
  • Consult 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.