Divorce & Separation

8000 Midlantic Drive, Suite 200N, Mount Laurel, NJ 08054

When families are broken apart by divorce, the consequences can be devastating to the health and wealth of family members. While it is easy to marry, filing for divorce in New Jersey can be extremely costly, time-consuming, and life-altering. As one of the largest and most prestigious New Jersey family law firms focusing on issues of Divorce and Family Law, Adinolfi, Roberto, Burick & Molotsky, P.A., has the resources, experience, and presence necessary to resolve both simple and complex divorce matters in a timely, cost-effective manner.

Divorce and separation are sometimes highly emotional and contentious issues that can quickly degenerate into bitter situations if not handled competently by a New Jersey divorce attorney who understands the law and workings of the court system. With a Martindale-Hubbell “AV”* (highest) rating and a recognized “Super Lawyers” by NJ Monthly Magazine on staff, a member of the District IV Ethics Committee, and a past President of the New Jersey Bar Association, ours is an award-winning and reputable firm assisting clients throughout New Jersey and Pennsylvania on all issues related to divorce, separation, and family law.

How We Can Help

Equitable Distribution

Alimony

Child Custody

Child Support

Remarriage Issues

Matrimonial Appeals

New Jersey is an equitable distribution state which means that marital assets and liabilities will be distributed between the parties in a way that is fair and equitable, not necessarily equal. Property acquired from the date of marriage through the date of the filing of a divorce complaint is subject to distribution regardless of who holds title to the property. Some exceptions exist. such as inheritances and pre-marital property.

Alimony is monetary support paid by one spouse to the other in a divorce. There are several types of alimony in New Jersey: limited duration, rehabilitative, reimbursement and open duration. The amount of alimony a spouse is to receive and the duration of the alimony award are to be determined by evaluating numerous statutory factors.

Custody issues can often be an emotional and hotly contested sometimes requiring the retention of a custody evaluator. Sole custody is difficult to obtain in New Jersey and more often parents end up sharing joint legal custody of their children, meaning that both parents will have an equal say in decisions regarding the children’s health education and welfare.

Under New Jersey law, a parent must provide financial support to his or her child until the child is emancipated. The New Jersey Child Support Guidelines are most frequently utilized to determine child support or the non-custodial parents’ financial obligation to the support of the children. Numerous factors are taken into consideration and included in a guidelines calculation such as each parties’ incomes, alimony, child care expenses and the amount of overnights spent with the children. High income cases require a different analysis.

Many people who divorce decide to remarry at a later time. Before saying “I do” again, previously divorced individuals should revisit their property settlement agreements in order to determine how a remarriage might affect their rights, specifically any financial support as outlined in their prior divorce settlement.

I would call this Appeals or Appellate Practice. In a civil matter either party may file an appeal of a lower court’s final order or judgment. When an order is not final an interlocutory appeal may be permitted. In either event there are strict time limitations imposed upon the filing of an appeal from the time the order is entered by the lower court. Additionally, there must be a reason for the appeal other than mere dissatisfaction with the decision.

Requirements for Filing for Divorce in New Jersey

In New Jersey, the rules and laws pertaining to divorce are complex so we have provided the following information to help you better understand divorce in New Jersey. Requirements to file for divorce in New Jersey include:

You must be a New Jersey resident for at least one (1) year before you can file for divorce in New Jersey.
- In the case of adultery, only one (1) spouse must be a New Jersey resident and there is no time requirement.
To file for a no-fault divorce with no reasonable prospect of reconciliation, you must live in separate residences for at least eighteen (18) months.
To file for an irreconcilable differences divorce, a problem must have existed in the marriage for six (6) months and there must be no prospect of a reconciliation.

Grounds for Divorce Recognized in New Jersey

When filing for divorce in New Jersey, you must indicate the grounds for divorce in the Complaint for Divorce. The grounds for divorce, or the alleged “cause” for divorce, must be carefully considered with the assistance of a knowledgeable South Jersey family law lawyer as it will impact your divorce proceedings in numerous ways. Plaintiffs in New Jersey can immediately file a fault-based divorce using grounds such as adultery or extreme cruelty. Alternatively, a no-fault divorce can be filed using grounds such as separation or irreconcilable differences if the eligibility requirements are met.

No-Fault Grounds for Divorce

Separation

Filing for divorce based on “separation” requires the parties to have lived in separate residences for a minimum of eighteen(18) consecutive months immediately before a complaint is filed, with no reasonable prospect of reconciliation.

Irreconcilable Differences

This recently established basis for a divorce complaint applies to couples that have experienced differences in their relationship which have caused the marriage to breakdown. This breakdown must have occurred for at least six months prior to filing for divorce, but does not require the couple to be living in separate residences. Similar to separation, there must be no reasonable prospect of reconciliation.

Fault-Based Grounds for Divorce

Adultery

Adultery occurs when one spouse rejects the other for a personal intimate experience with another person regardless of sexual acts performed. If it is known, the complaining spouse in a New Jersey adultery divorce must state the name of the person with whom the alleged adulterous conduct happened, also known as the “co-respondent”. If the name is unknown, the complaining party must provide as much information as is available about the co-respondent.

Desertion

Desertion, according to New Jersey law, is the willful and continuous abandonment by one spouse for a time period of twelve or more months. Under the grounds of desertion, the couple must have ceased cohabiting as ‘man and wife’ for the requisite period. Even if living together, desertion can still apply as long as sexual activities have ceased for twelve months.

Extreme Cruelty

‘Extreme Cruelty’ has a very liberal interpretation in New Jersey courts and most reasons, even mild ones, will usually suffice. Accordingly, it is defined as any physical or mental cruelty which makes it improper or unreasonable to expect one spouse to continue cohabiting with the other. A short list of examples may include bad temper, offensive language, physical abuse, lying, and financial woes.

Voluntary-Induced Addiction

This ground applies if a spouse is an alcoholic or drug addict. The evidence must show the use of alcohol or drugs was persistent and the dependency must have lasted for twelve months immediately before the divorce complaint.

Imprisonment

If your spouse has been in a prison for 18 consecutive months or more, you are eligible for this grounds for divorce in New Jersey. However, the parties must not have resumed cohabitation after the imprisoned spouse is released.

Institutionalization for Mental Illness

The grounds of institutionalization occurs when one spouse has been institutionalized for mental illness for twelve or more consecutive months prior to filing a complaint. The main issue in this claim for divorce is whether the spouse is able to be a functional partner in a marriage.

Deviant Sexual Conduct

Deviant sexual conduct is a cause for divorce if one spouse engages in the conduct without permission or consent from the spouse. The precise definition of deviant sexual conduct is undefined under current New Jersey divorce law.

Steps for Divorce Under New Jersey Law

The plaintiff files a Verified Complaint for Divorce identifying parties to the divorce action.
After being served, the defendant has thirty-five (35) days to file an official Answer.
Negotiations commence between divorcing spouses about the division of marital property and spousal and child support.
If a settlement is reached, the court finalizes the divorce at a hearing.
If a settlement is not reached, the court determines the contested issues.

Couples must complete a Case Information Statement (CIS), which details their financial assets and budgets. New Jersey counties also mandate the use of a Matrimonial Early Settlement Panel (MESP), which tries to facilitate the divorce negotiation process in the hopes of reaching a settlement before a court hearing is scheduled. This is one way New Jersey hopes to take the burden off its overcrowded courts.

Please review our firms’ credentials and experience. We would be happy to schedule an initial consultation to determine how we can best serve you in your marriage law matter.

Our South Jersey Divorce Lawyers Are Skilled Negotiators and Litigators

Our experienced, knowledgeable divorce attorneys will guide you through the divorces proceedings, from determining which New Jersey grounds for divorce are appropriate, to filing or answering a Complaint for Divorce, to litigating the various divorce issues in court, if necessary. We place great value on property settlement agreements or other out-of-court solutions as an alternative to litigation in the courts. An agreement developed with the input of both parties, with the assistance of a competent South Jersey divorce attorney, will generally be more flexible and reduce the bad feelings resulting from a court-imposed order, thus reducing the possibly of disputes in the future. We are, however, experienced family law litigators who know the New Jersey courts and can respond quickly and decisively to protect your interests at all levels of the family court system.

We take pride in the personal, one-to-one attention each client receives not only from our support staff but also from the New Jersey divorce attorneys handling the case. Our Divorce and Family Law practice is based on clear communication, frequent updates, prompt answers to inquiries, and prompt return of client phone calls. Our divorce lawyers in New Jersey are approachable and dedicated to ensuring that all clients understand their rights and options before they make decisions that could affect their finances, their children, or their future. Compassionate and diligent, our South Jersey divorce lawyers understand your concerns and work effectively and efficiently to get them addressed and resolved.

Divorce & Separation