Divorce Lawyer New Jersey | SRIS, P.C.
Divorce Lawyer New Jersey — What Are Your Rights in a NJ Divorce?
A divorce lawyer New Jersey from Law Offices Of SRIS, P.C. can protect your rights in a New Jersey divorce, which is governed by equitable distribution under N.J. Stat. § 2A:34-23.1. Our firm has extensive experience handling the state’s no-fault grounds and complex financial issues like business valuation and stock options. We provide focused representation to help you achieve a stable outcome.
New Jersey Divorce Law and Equitable Distribution
New Jersey is an equitable distribution state, meaning marital property is divided fairly, but not necessarily equally, by the court. The process is governed by N.J. Stat. § 2A:34-23.1, which outlines the factors a judge must consider, including the duration of the marriage, the economic circumstances of each party, and contributions to the marital estate. A divorce attorney New Jersey can analyze how these factors apply to your specific assets, such as a family business, retirement accounts, or real estate.
Last verified: April 2026 | New Jersey Superior Court, Family Part | New Jersey Legislature
Official Legal Resources for New Jersey Divorce
Understanding the legal framework is crucial. You can review the official New Jersey statutes on alimony and equitable distribution (N.J. Stat. § 2A:34-23). For local court procedures and forms, visit the New Jersey Courts website’s divorce information page.
Key Considerations in a New Jersey Divorce Case
New Jersey requires a six-month period of irreconcilable differences for a no-fault divorce. The court’s primary focus in any divorce involving children is the best interests of the child when determining custody and parenting time. Alimony determinations, reformed in 2014, now consider the length of the marriage and each party’s ability to become self-supporting.
- File a Complaint: The divorce process begins by filing a Complaint for Divorce with the Superior Court, Family Part, in the county where you or your spouse reside.
- Serve Your Spouse & File an Answer: The complaint must be formally served on your spouse, who then has 35 days to file an Answer.
- Case Management & Discovery: The court will schedule conferences to manage the case. Both parties exchange financial information through discovery.
- Negotiation & Settlement: Most cases are resolved through negotiation, often with the help of attorneys and mediators, to create a settlement agreement.
- Trial (If Necessary): If settlement is not possible, the case proceeds to trial where a judge will decide all contested issues.
- Final Judgment: Once all issues are resolved, the court enters a Final Judgment of Divorce, legally ending the marriage.
Potential Outcomes in a New Jersey Divorce
In New Jersey, divorce can result in the division of all marital assets and debts, awards of alimony and child support, and orders for custody and parenting time.
| Issue | Legal Standard | Potential Outcome |
|---|---|---|
| Property Division | Equitable Distribution | Fair, but not necessarily equal, division of marital property and debts. |
| Alimony | Need and Ability to Pay | Temporary or permanent support based on statutory factors like marriage length and earning capacity. |
| Child Custody | Best Interests of the Child | Legal and physical custody arrangements determining decision-making and living schedules. |
| Child Support | New Jersey Guidelines | Support calculated based on parental income, number of children, and parenting time. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with New Jersey Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to complex family law matters. We understand the nuances of New Jersey’s equitable distribution system and alimony reforms. Our approach is to provide clear, strategic guidance to help clients make informed decisions during a difficult time.
Representation in Your Divorce Matter
Our firm has a documented record of representing clients in family court. We focus on developing case-specific strategies that address the unique financial and personal aspects of each divorce. Results may vary. Prior results do not aim for a similar outcome.
Contact a Divorce Law Firm New Jersey for a Consultation
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (732) 455-9120
By appointment only.
Our Tinton Falls location serves clients across Monmouth County and surrounding areas. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings scheduled by appointment only. If you need a dedicated divorce lawyer New Jersey, contact us to discuss your situation.
Frequently Asked Questions About Divorce in New Jersey
How long do you have to be separated to get a divorce in New Jersey?
No. New Jersey does not require a legal separation period for a no-fault divorce based on irreconcilable differences. You must show these differences have existed for at least six months, but physical separation is not mandated by statute to file.
Is New Jersey a 50/50 divorce state?
It depends. New Jersey is an equitable distribution state, not a community property state. The court divides marital property fairly based on numerous factors in N.J. Stat. § 2A:34-23.1, which can result in a 50/50 split, but often leads to a different division the judge deems just.
What is the difference between legal separation and divorce in NJ?
A legal separation (divorce from bed and board) is a court order addressing support and property while the marriage remains legally intact. A divorce (absolute divorce) legally ends the marriage, allowing both parties to remarry. The financial agreements can be very similar.
How is child custody determined in New Jersey?
Custody is determined by the child’s best interests. Judges consider factors like the parents’ ability to agree, the child’s needs, the stability of each home, and the child’s relationships with siblings and parents. The goal is a parenting plan that serves the child’s well-being.
Can I get alimony if I get divorced in New Jersey?
It depends on several factors outlined in statute, including the need of the requesting spouse, the other spouse’s ability to pay, the length of the marriage, and each party’s earning capacity. Alimony is not automatic and is evaluated on a case-by-case basis.
New Jersey Family Law Overview | Divorce Lawyer Essex County NJ | Child Custody Lawyer New Jersey
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.