Getting divorced in New Jersey can be a complicated process given the state laws involved and the potential for disagreements.
The team at Ihab Ibrahim Law Firm can help with your divorce case, and guide you through various disputes that may arise.
Learn why people throughout Jersey City, NJ, count on our legal practice for their family law needs.
Fault and No-Fault Divorce
In the state of New Jersey, you can file for a no-fault or fault divorce.
A fault divorce means that a spouse's behavior necessitated a divorce. Fault grounds for divorce include adultery, physical or psychological abuse, drug or alcohol addiction, and deserting the marriage for at least 12 months.
A no-fault divorce involves "irreconcilable differences." This phrase simply means that the couple is no longer able to get along. In a no-fault divorce, neither spouse did anything wrong to prompt the divorce filing.
Separation vs. Divorce What Is the Difference?
People mistakenly assume that divorce and separation are the same things. The key difference is that a divorce ends a marriage while a separation does not. You cannot remarry if you are separated since you are still legally married to your spouse. If you are separated, you retain medical benefits, maintain next of kin status for medical decisions, and still own marital assets and debts.
When you discuss your case with our Jersey City law firm, we can help you determine if a divorce or a legal separation is better for your situation.
Do You Have Questions About the Divorce Process?
Contact an Attorney to Learn More
The divorce process can be stressful even if you've done your research. It's important to work with an attorney who is familiar with New Jersey's marital laws and the steps required to finalize a divorce. That is where Ihab Ibrahim Law Firm can help.
Attorney Ihab Ibrahim has helped numerous family law clients in Jersey City with their divorce cases. In addition to helping with the mediation process, he has also assisted with disputes over asset distribution, child custody, visitation rights, child support payments, and spousal support.
If you are filing for divorce and need to speak with a lawyer, contact our law firm online. You can also reach us by phone.
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Residency Requirements for Divorce in New Jersey
In order to file for divorce in the state of New Jersey, you or your spouse needs to have been a resident of the state for the last 12 consecutive months. If you or your spouse do not meet the residency requirement, you will need to wait to file for divorce.
Division of Property
Dividing Assets and Debts
When a couple divorces, they will divide their assets and debts. Many disagreements arise over who gets what. Your divorce attorney can help you retain as many marital assets as possible, identify separate property and debts, and address ownership disputes over who rightfully owns shared property.
The state of New Jersey doesn't just split property 50/50 like community property states. Instead, the state relies on a principle known as equitable distribution. This means marital property is divided based on each spouse's income, education, earning potential, individual debts and liabilities, and other factors. A lawyer well-versed in family law can help you receive a fair amount of assets from your divorce.
Options and Arrangements
If you have any children from a marriage, it's important that you give your child a loving home. If spouses can work things out, a joint custody arrangement may be made to allow for co-parenting. Sometimes sole custody is better if one parent is unable or unwilling to provide a safe, supportive, and nurturing environment. By working with the lawyer at our Jersey City law firm, we can make sure the best interests of your child are put first.
New Jersey uses the term "parenting time" rather than "visitation rights" to refer to the amount of time a non-custodial parent can spend with their child. Getting fair amounts of parenting time or restricting access to a child are common family law disputes. A lawyer can help advocate for you and the best interests of your child.
How Child Support Works
Child support refers to payments by one parent to the other parent to assist with their child's upbringing. This includes expenses related to education, medical care, clothing, and other needs of the child. Your lawyer can seek a fair payment arrangement that ensures both parents participate in raising their kids.
Your financial situation can change suddenly, affecting your child support obligations. Job loss, medical emergencies, or other hardships could mean the need for additional support, or the need to reduce the amount of child support you can pay. The team at our Jersey City law firm can present these changes in your circumstances while seeking an adjustment to your support obligations.
How Spousal Support Works
Also known as spousal support, alimony works much like child support. Alimony means that a person provides financial support to their former spouse after the divorce. The amount and duration of the spousal support depend on the length of the marriage, the spouse's educational level and work experience, future earning potential, and other factors. Your lawyer can make sure all of these factors are considered fairly.
As with child support, your financial situation can affect alimony payments. Financial hardships and emergencies can lead to an additional need for support or difficulties in meeting current obligations. If your situation changes, an attorney can help seek an adjustment of your alimony obligations.
Survivors of domestic violence can seek a restraining order against their abusive spouse in order to protect themselves from harm. An attorney at our Jersey City law office can help victims of domestic violence as well as people who have been accused of child or spousal abuse.
Impact on Divorce Case
Domestic violence can obviously affect different areas of family law related to a divorce. Allegations of child or spousal abuse could lead to child custody issues and restrictions on visitation/parenting time. Our law office will consider abuse allegations seriously and help you understand how they could affect your divorce.
More 5-Star Reviews Hear from Clients throughout New Jersey
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