Are You Looking for a Compassionate Divorce Lawyer Dover?
The divorce procedures are not only lengthy but occasionally exhausting processes. To make things tight, with litigation in the picture, it will ensure that a divorce lawyer Dover will be there when you need them to have an impact on your case. Here at The Law Offices of SRIS, P.C., our divorce attorneys here can help you through every step of this process. For one thing, we are known for the complexities of Dover family law and for doing our potential in defending your rights while striving for a perfect outcome.
What Are the Grounds for Divorce in Dover, New Jersey?
New Jersey provides two major grounds for filing for divorce:
No-Fault Divorce:
- Irreconcilable Differences: The most common ground for divorce under this category is “irreconcilable differences.” No misconduct need be shown by either party.
Fault-Based Divorce:
- Adultery: Sexual intercourse with someone other than your spouse.
- Desertion: Abandonment without the other spouse’s consent or justification, for twelve or more months.
- Cruelty: A spouse’s physical or emotional abuse renders the marriage unsalvageable.
- Drugs or Alcohol Addiction: Habitual and excessive use of drugs or alcohol that negatively affects the marriage.
- Institutionalization for Mental Illness: Admission to a mental health facility.
- Imprisonment: Incarceration for a long period.
- Sexual Conduct: Engagement in abnormal, dangerous, or harmful sexual practices.
- Separation: Living apart for 18 months or more without reconciliation.
Although no-fault divorce is often preferred due to its less confrontational nature, there may be strategic and legal reasons to pursue a fault-based divorce. An experienced divorce lawyer Dover can help guide you on the best course for your situation.
How Is Property Divided in a Dover, New Jersey, Divorce?
The courts consider factors when dividing marital assets and debts during a divorce in New Jersey. The court will make an equitable distribution, which may not necessarily be a 50/50 split.
In determining equitable distribution, the court will examine the following factors, among others:
- Age and Health of Spouses: The physical and mental health of each spouse and their respective ages.
- Assets Brought into Marriage: Assets owned by either spouse before marriage.
- Marital Duration: The length of the marriage.
- Economic Circumstances: Each spouse’s economic situation, including income and expenses.
- Earning capacity: The potential earning capacity of each spouse in the future.
- Educational contribution: Contributions made by one spouse to the education or career advancement of the other.
- Debts and Liabilities: All debts that have come during the marriage.
- Career Sacrifices: Sacrifices made by one spouse to support the career of the other.
- Standard of Living: The lifestyle enjoyed by the parties during the marriage.
- Tax Consequences: The tax implications of different property distribution plans.
- Marital Agreements: Whether the parties have entered any pre-marriage or post-marriage agreement.
- Childcare Needs: Whether one party needs to maintain a marital residence to care for children.
Given the complexity of these factors, it is highly advisable to seek the services of a qualified divorce lawyer Dover to help you understand your rights and work toward your best interest.
What Are the Different Types of Divorce in Dover, New Jersey?
There are three main types of divorce in New Jersey.
- The spouses agree on all the terms regarding the divorce: property settlement, child custody, and how child support and spousal support will be allocated.
- There is a written agreement that sometimes can be referred to as a Marital Settlement Agreement which governs these terms.
- This is considered the least contested, meaning that it is usually the shortest period to finalize a divorce.
- One or both spouses have conflicting interests in one or more matters related to the divorce, such as property distribution or children’s custody.
- These disputes are litigated in court to resolve matters between the parties.
- While it is a litigation process, it is somewhat possible to settle some issues out of court with less litigation.
Default Divorce:
The court provides the divorce when there is proper and timely legal service of notice of the filing spouse’s petition. In this type of divorce, the other spouse does not oppose the petition. Whichever is your choice of the category of a divorce, getting an experienced New Jersey divorce attorney would mean so much since it will help you to get all your rights, and at the end of the case, you will get what you want.
Do I Need a Lawyer for a Divorce in Dover, NJ?
While it is possible to file for an uncontested divorce without an attorney especially if all matters are agreed upon and the process is not too complex hiring a Dover NJ divorce lawyer can provide several important benefits:
Legal Knowledge:
- Awareness of Complicated Laws: Divorce laws might be complex, and a lawyer will be able to guide you through the intricacies as well as ensure that your rights are well protected.
- Strategic Guidance: They will offer relevant suggestions based on your case and advise you on matters that would lead to a better decision.
Less Stress
- Paperwork related to Courts and Court Dates: They will fill out the paperwork and submit the same within due dates, alongside court appearances, to reduce stress.
- Negotiation Abilities: They could negotiate with your spouse’s lawyer and your spouse to obtain fair settlements concerning division of property, alimony, child care, etc.
Fair Distribution of Property:
- Protecting Your Interests: A lawyer can help you understand your rights to assets, debts, and property acquired within marriage.
- Negotiating Equitable Division: They can negotiate the equitable distribution of assets based on factors such as contributions to the marriage and future needs.
Child Custody and Support:
- Prioritizing the Best Interests of Your Children: Our attorney can help you develop a parenting plan that focuses on the best interests of your child.
- Child Support: They can collect child support orders.
Spousal Support:
- Determining Entitlement: A divorce attorney will be able to enlighten you concerning the rights to spousal support and appropriate negotiations.
- Enforcing Support Orders: They can enforce spousal support orders in the case of a refusal to pay.
However, you should seek a Dover NJ divorce lawyer to discuss your situation with him or her, so they can determine whether they can legally represent you in court.
With over 50 years of combined legal experience, our attorneys at The Law Offices of SRIS, P.C. bring unparalleled knowledge and competence to every case. Divorce is a very stressful experience. A divorce attorney Dover can be of great use in terms of necessary guidance, protection of rights, and, if needed, reaching a just resolution. So, don’t hesitate to get proper legal advice to make the experience less cumbersome and stress-relieving. Contact us to schedule a consultation.
FAQs:
You should hire a divorce attorney Dover when you have finally decided to file for divorce, or if you simply consider it in your mind. A lawyer will help you understand all your legal rights, guide you through the process, and represent your best interest.
Attorney fees for divorce lawyers depend on the intricacy of your case, experience, and the amount of hours he spends on your case. Some lawyers charge an hourly rate, while others might charge a flat fee. Discuss fees upfront and discover any other costs that may arise.
Yes, a divorce attorney can help out on issues concerning child custody and child support. A divorce attorney can draft and set up agreements regarding custody and visitation schedules and make sure your child's best interest is seen in the judgment.
