New Jersey Divorce Lawyer | SRIS, P.C.
New Jersey Divorce Lawyer — What Are Your Rights in a Divorce?
A New Jersey divorce lawyer from Law Offices Of SRIS, P.C. can help you handle the legal process of ending a marriage. New Jersey is an equitable distribution state, meaning marital property is divided fairly, not necessarily equally, under N.J. Stat. § 2A:34-23.1. Our firm provides full representation for divorce, child custody, and support matters. Contact us for a case-specific approach.
Understanding New Jersey Divorce Law
Divorce in New Jersey is governed by state statutes that outline the grounds for divorce and the procedures for resolving related issues like property division, alimony, and child custody. The state recognizes both fault and no-fault grounds. The most common no-fault ground is irreconcilable differences which have caused the breakdown of the marriage for a period of six months or more, with no reasonable prospect of reconciliation.
Last verified: April 2026 | New Jersey Superior Court, Family Part | New Jersey Legislature
Official Legal Resources
For the official text of New Jersey’s divorce statutes, you can review N.J. Stat. § 2A:34-23 (official New Jersey Legislature site). For local court forms and procedures, visit the New Jersey Courts Family Part website.
Key Procedures in a New Jersey Divorce Case
Every divorce case filed in the New Jersey Superior Court, Family Part, follows a specific procedural path. The process begins with the filing of a Complaint for Divorce. A key local procedural fact is that New Jersey courts often require early settlement conferences to encourage parties to resolve issues like custody and support before proceeding to trial.
- File the Complaint: The spouse filing for divorce (the plaintiff) submits the Complaint for Divorce and other required documents with the Family Part in the county where they or their spouse live.
- Serve the Defendant: The defendant spouse must be formally served with the divorce papers, giving them 35 days to file an Answer.
- Case Management Conference: The court holds an initial conference to set a schedule for discovery (exchanging financial information) and discuss potential settlement.
- Discovery and Negotiation: Both parties exchange financial disclosures. Your attorney will negotiate on issues like asset division, alimony, and child support.
- Early Settlement Panel: In most counties, your case will go before a panel of experienced family law attorneys who provide a non-binding recommendation for settlement.
- Trial or Final Judgment: If settlement is not reached, the case proceeds to trial where a judge makes final decisions. If settled, a Final Judgment of Divorce is entered.
Potential Outcomes in a Divorce
In New Jersey, a divorce can result in the division of all marital assets and debts, awards of alimony (spousal support), and orders for child custody, visitation, and support.
| Issue | Legal Standard | Potential Outcome |
|---|---|---|
| Property Division | Equitable Distribution | Marital assets and debts divided fairly based on factors like marriage length, economic circumstances, and contributions. |
| Alimony | Based on Need & Ability to Pay | May be awarded for a limited or indefinite term, considering factors like standard of living, earning capacity, and health. |
| Child Custody | Best Interests of the Child | Legal decision-making and physical residence determined by factors promoting the child’s health, safety, and welfare. |
| Child Support | New Jersey Child Support Guidelines | Calculated based on both parents’ incomes, number of children, and parenting time arrangement. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Divorce
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of legal experience handling family law matters. We understand that a divorce is more than a legal process; it’s a significant life event. Our approach focuses on clear communication and strategic guidance, whether your case involves negotiation or litigation.
Our Approach to Divorce Cases
Our New Jersey divorce law firm has handled numerous family law matters across the state. We focus on understanding your specific goals, whether that involves protecting your financial future, securing a stable custody arrangement for your children, or efficiently finalizing an uncontested divorce. Every case is different, and we develop a strategy based on the unique facts of your situation.
Results may vary. Prior results do not aim for a similar outcome.
Contact a New Jersey Divorce Attorney Near You
If you are considering or facing a divorce in New Jersey, timely legal advice is important. Our New Jersey divorce attorney is available to discuss your case.
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) 651-9666
Meetings by appointment only.
We offer 24/7 phone consultations at (888) 437-7747. Our Tinton Falls location is accessible for clients throughout Monmouth County and central New Jersey. We serve individuals in Tinton Falls, Red Bank, Long Branch, Asbury Park, and surrounding communities.
Frequently Asked Questions About Divorce in New Jersey
How long does it take to get a divorce in New Jersey?
It depends. An uncontested divorce where all issues are agreed upon can be finalized in as little as 2-3 months after filing. A contested divorce that goes through discovery and trial can take a year or more. The timeline depends on the complexity of assets, child-related issues, and the level of disagreement between spouses.
Is New Jersey a 50/50 divorce state?
No. New Jersey is an equitable distribution state, not a community property state. This means marital property is divided fairly based on several statutory factors, which may or may not result in a 50/50 split. The court considers each spouse’s contributions, needs, and the length of the marriage.
What is the difference between legal custody and physical custody?
Legal custody refers to the right and responsibility to make major decisions about the child’s health, education, and welfare. Physical custody refers to where the child lives. These can be shared jointly or awarded solely to one parent, depending on the child’s best interests.
Can I get alimony if I get divorced?
It depends. New Jersey courts consider factors like the length of the marriage, the standard of living, each party’s earning capacity, and their needs. Alimony is not automatic and is determined based on one spouse’s need for support and the other’s ability to pay.
How is child support calculated?
Child support in New Jersey is calculated using state guidelines that consider both parents’ gross incomes, the number of children, the cost of health insurance, and the parenting time schedule. The court can deviate from the guidelines in specific circumstances.
Last verified: April 2026. Laws and procedures can change. For the most current guidance on your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.