How Can a Wayne Divorce Lawyer Help Secure Your Future During a Divorce in Wayne, NJ?
Dealing with a divorce can be tough in Wayne. A Wayne divorce attorney can guide you in the right direction by handling all legal complexities. Besides asset division, child custody, and alimony, our experienced Wayne divorce lawyer will ensure you receive the possible outcome. Your lawyer will work toward providing a fair and ideal resolution while personally focusing on you as an individual and strategically representing your case.
What Is the Difference Between a Contested and Uncontested Divorce in Wayne, New Jersey?
A divorce, during such a situation, may be complicated and depends on the will of the couple. New Jersey categorizes divorces into either contested or uncontested.
Uncontested Divorce
An uncontested divorce is an easier process where both spouses agree on all essential matters, such as:
- Child custody and visitation
- Child support
- Alimony or spousal support
- Division of marital property
A divorce may often be finalized more quickly and at a lower cost if both parties are able to agree with one another.
Contested Divorce
A contested divorce takes place when one or both of the spouses disagree over one or more of the terms listed above. This may make the process last longer and become much more contentious.
If an uncontested divorce cannot be agreed upon, it is negotiated or mediated. Failing that, it proceeds to trial. In a trial, a judge will hear the facts on both sides and make decisions about the disputed issues.
How Assets Are Divided in a Wayne, New Jersey Divorce
New Jersey bases its divorce asset division on the principle of “equitable distribution,” which simply means that marital assets will be divided equitably but not necessarily in equal proportion. While community property states generally divide assets 50/50, equitable distribution, as applied, is actually a far more flexible approach which takes into account and bears regard for the unique circumstances of each case.
What Is Considered Marital Property?
Marital property generally refers to any possessions gained during the marriage. This can be anything and usually is. In other words, marital property may include:
- Checking accounts
- Investment accounts
- Retirement accounts
- Real estate may include the marital home
- Companies one and both spouses own
- Vehicles
Factors Influencing Asset Division
A court will consider a variety of factors when distributing a couple’s marital assets to ensure the division is equitable. Some such considerations include:
- Length of the Marriage: The longer a couple stays married, the more likely it is to obtain an equitable distribution of assets.
- Age and Health of the Spouse: Both the ages and health conditions of each spouse decide their future earning capacity and their needs.
- Standard of Living: The living standards adopted during the marriage period have a bearing on asset distribution.
- Economic Situations: The prevailing economic conditions, income, and expenses of each spouse.
- Work History and Earning Capacity: The potential of both spouses to earn their livelihoods in the future.
- Career Sacrifices: If one spouse had to give up an opportunity for career advancement to raise the children or otherwise support the other spouse.
- Child Custody: The marital home may be awarded primarily to the custodial spouse, especially if they have children.
A Complex Process
Equitable distribution can be a very complicated process, and it is necessary to have a well-experienced Wayne divorce lawyer to guide you in protecting your rights. After due consideration of all those factors, the court shall attempt to find an equitable and just result.
Are There Residency Requirements for Divorce in Wayne, New Jersey?
It is provided by New Jersey state law that one spouse must be a resident for 12 months before they can file for divorce in New Jersey. That way, jurisdiction over the case will be acquired by the New Jersey court system.
In fault divorces, such as adultery divorces, the residency requirement does not apply as a rule. Either spouse can file for divorce based on the residency of one spouse, even if the other spouse resides elsewhere, as long as one spouse is a resident of New Jersey.
Why Choose Our Law Firm?
This is the most draining and emotionally challenging situation. So it is best to be prevented from common mistakes that can negatively affect your future. At The Law Offices of SRIS, P.C., you are guided by the family law attorneys during these trying times.
How We Can Help:
- Legal Knowledge: Leverage our years of experience in New Jersey divorce law.
- Personalized Solutions: Our Wayne divorce attorney will tailor our response to your circumstances and goals.
- Compassionate Representation: We are aware that divorce is an emotionally sensitive issue for you, and we are invested in protecting your interests.
- Child-Focused Approach: In child-related cases, our attorney seeks arrangements that best benefit the children.
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. A Wayne divorce lawyer can make your life easier during this highly stressful and sometimes emotional process. Being aware of top legal counsel will help you speed your divorce process, be proactive in protecting your interests, and do your best to find an agreeable solution. Look for a divorce lawyer Wayne NJ who will professionally defend your rights and secure the possible outcome. Contact us to schedule a consultation.
Frequently Asked Questions
The length of a divorce differs based on various factors; for example, whether it would be a contested or uncontested divorce. Typically, an uncontested divorce could take only a few months while a contested divorce would take much longer, and it could even reach two years or more with negotiations or involvement in court hearings.
Submit a divorce petition at the local level. Your divorce lawyer in Wayne will help you present the necessary documents and have them served to your spouse but legally.
New Jersey is an equitable distribution state. That means the marital property is divided equitably but not necessarily equally. That implies the divorce lawyer Wayne NJ employs will guarantee that assets will be divided on the basis of marital status as well as in your best interest.
