Skill and Dedication When You Need it Most

Divorce can be one of the most challenging transitions a person faces, both emotionally and financially. In Franklin Lakes, New Jersey, divorce proceedings are governed by state law, but the outcome of each case depends heavily on the specific circumstances of the spouses involved.

From property division and child-related issues to support obligations, understanding how New Jersey divorce law applies is essential to making informed decisions and protecting your future. This page answers common questions about divorce and explains what spouses should expect when navigating the process in Franklin Lakes.

What Are the Grounds for Divorce in New Jersey?

New Jersey allows both “no-fault” and “fault-based” divorces. The most commonly used ground is “irreconcilable differences,” which requires that the marriage has experienced a breakdown for at least six months with no reasonable prospect of reconciliation. This option allows spouses to proceed ‘without assigning blame.’

‘Fault-based’ grounds are also available and include adultery, extreme cruelty, desertion, addiction, and incarceration. While fault is not required to obtain a divorce, it may be relevant in limited situations, such as when one spouse’s conduct has significantly affected marital finances.

How Does the Divorce Process Begin?

A divorce in Franklin Lakes begins when one spouse files a complaint for divorce in the Superior Court of New Jersey, Family Division, typically in Bergen County. The complaint outlines basic information about the marriage and the relief being requested, such as custody, support, and property division. The other spouse must be formally served with the complaint and given an opportunity to respond. From there, the case may proceed through negotiation, mediation, or litigation, depending on the level of agreement between the spouses.

How Is Property Divided in a New Jersey Divorce?

New Jersey follows the principle of “equitable distribution,” meaning marital property is divided fairly, though not necessarily equally. Marital property generally includes assets and debts acquired during the marriage, regardless of whose name is on the account or title.

Courts consider many factors when dividing property, including the length of the marriage, each spouse’s income and earning capacity, contributions to the marriage, and the standard of living established during the marriage. Separate property, such as assets owned before the marriage or received by gift or inheritance, may be excluded from distribution if it has not been commingled.

What Happens to the Marital Home?

The “marital home” is often one of the most significant assets in a divorce. Depending on the circumstances, the home may be sold and the proceeds divided, or one spouse may retain the home while offsetting its value with other assets. When children are involved, courts may consider whether allowing the children to remain in the home temporarily serves their best interests. Financial feasibility is also a key consideration, as maintaining the home must be realistic for the spouse who wishes to keep it.

How Is Alimony Determined?

“Alimony” in New Jersey is intended to address the economic imbalance resulting from the divorce. Courts evaluate several factors, including the length of the marriage, each spouse’s income and earning capacity, age, health, and the standard of living during the marriage.

There are different forms of alimony, including “open durational” alimony, “limited duration” alimony, “rehabilitative” alimony, and “reimbursement” alimony. The type and duration awarded depend on the specific facts of the case. Alimony is not automatic and is determined on a case-by-case basis.

How Are Child Custody and Parenting Time Decided?

When spouses share children, “custody and parenting time” are among the most important issues in a divorce. New Jersey courts prioritize the best interests of the child when making custody determinations. “Legal custody,” which involves decision-making authority, and “physical custody,” which concerns where the child lives, may be shared or allocated to one parent.

Courts consider factors such as each parent’s ability to cooperate, the child’s needs, stability, and any history of domestic violence. Parenting time schedules are designed to promote frequent and meaningful contact with both parents whenever possible.

How Does Child Support Work in Franklin Lakes?

“Child support” in New Jersey is generally calculated using statewide guidelines that take into account each parent’s income, the number of children, and the parenting time arrangement. Support is intended to cover basic living expenses, including housing, food, clothing, and transportation.

In some cases, courts may deviate from the guidelines if circumstances warrant, such as when a child has special needs or when parents have unusually high or low incomes. Child support orders may be modified if there is a substantial change in circumstances.

Can Divorce Be Resolved Without Going to Trial?

Yes. Many divorces in Franklin Lakes are resolved through negotiation, mediation, or settlement conferences rather than trial. Alternative dispute resolution allows spouses to maintain greater control over outcomes and often reduces time, expense, and conflict. However, when agreement cannot be reached, litigation may be necessary. In those cases, a judge will decide unresolved issues based on evidence and New Jersey law.

How Long Does a Divorce Take in New Jersey?

The timeline for a divorce varies widely. “Uncontested” divorces may be resolved in a matter of months, while “contested” cases involving complex financial or custody disputes can take significantly longer. Cooperation between spouses and the willingness to negotiate often play a major role in how quickly a case progresses. Court schedules, discovery requirements, and the need for expert evaluations may also affect the overall duration of the case.

What Should You Do to Prepare for Divorce?

Preparation is an important part of protecting your interests. Gathering financial documents, understanding your assets and debts, and thinking through your priorities can help you approach the process more confidently. Avoid making major financial changes without legal guidance, and be mindful of communications with your spouse, as written or electronic messages may later be reviewed.

Being Able to Move Forward During the Divorce Process With Our Franklin Lakes Divorce Lawyers at Torchin Martel Orr LLC

Divorce involves legal, financial, and personal decisions that can have long-lasting effects. Understanding how New Jersey law applies to your situation helps you make informed choices at every stage of the process. Our Franklin Lakes divorce lawyers at Torchin Martel Orr LLC guide spouses through divorce proceedings with a focus on clarity, fairness, and practical solutions. Call today at 201-971-4866 or contact us online for an initial consultation. Located in Paramus, New Jersey, we proudly serve clients throughout the state.