Experienced Divorce Lawyers in New Jersey

Divorce can be challenging for anyone, and decisions regarding your future can be difficult. When divorcing, you need the guidance and support of an experienced New Jersey divorce lawyer to help you reach a favorable outcome for you and your children. At Torchin Martel Orr LLC, we understand your challenges and will help you.

Why Choose Torchin Martel Orr LLC

Choosing Torchin Martel Orr LLC means selecting a law firm with a deep commitment to client success and a reputation for delivering exceptional legal services. With a team of experienced attorneys, we offer personalized legal strategies tailored to each client’s unique situation. Our attorneys are known for their dedication, attention to detail, and strong advocacy.

Understanding Divorce in New Jersey

Divorce in New Jersey is a legal process that involves the dissolution of a marriage under the state’s family law. The process generally begins with one spouse filing a complaint for divorce, followed by negotiations or court proceedings to resolve issues like property division, alimony, child custody, and support.

Grounds for Divorce in New Jersey

In New Jersey, couples seeking a divorce can do so based on either no-fault or fault-based grounds. Understanding the implications of each can help spouses through the legal process and toward a resolution that addresses their needs and circumstances.

Fault-Based Divorce

Fault-based divorces are filed based on one or more of the state’s legally recognized grounds. If you choose a fault-based divorce, you must prove your claims. The grounds for divorce include:

• Addiction
• Adultery
• Desertion
• Deviant sexual conduct
• Extreme cruelty
• Imprisonment
• Institutionalization

No-Fault Divorce

No-fault divorce, also called “uncontested divorce,” is the most common type of divorce in New Jersey, citing “irreconcilable differences.” If filing an uncontested divorce, you do not need to state those differences. No-fault divorces are also a less expensive and faster option.

What Are New Jersey’s Residency Requirements to Divorce?

To divorce in New Jersey, one or both spouses must have lived in the state for 12 consecutive months before filing.

Types of Divorce: Contested Vs. Uncontested

In New Jersey, divorces can be categorized into two main types: contested and uncontested:

• Contested Divorce: This is when spouses cannot agree on one or more key issues related to the dissolution of their marriage. The process can be lengthy, emotionally draining, and costly, typically involving multiple court appearances, legal filings, and, potentially, a trial.
• Uncontested Divorce: This is when both spouses agree on all major aspects of their divorce. Since there are no disputes to resolve, the process is usually quicker, less expensive, and more straightforward.

What Is the Legal Process to Divorce?

Numerous issues must be negotiated and agreed upon before the court will issue the final divorce decree, such as child custody and support, marital property division, and alimony. The general process of divorce involves the following:

• Filing the complaint: One spouse files the divorce petition with the court.
• Response: The other spouse must file a response within 35 days.
• Discovery: Each spouse’s lawyer will locate and compile financial records of marital property and gather testimony from each spouse and other parties.
• Negotiate: Both spouses and lawyers negotiate equitable distribution of assets, calculate alimony and child support, develop child custody arrangements, and any other issues to reach a mutual settlement agreement.
• Settlement conference: If negotiations fail to produce an agreement, the court may require spouses to attend an Intensive Settlement Conference.
• Trial: If the settlement conference fails, the divorce will move to a courtroom jury or bench trial.

Divorce Mediation and Alternative Dispute Resolution (ADR)

Mediation is an alternative dispute resolution (ADR) process that enables divorcing couples to reach their own settlement agreement in a structured environment facilitated by a neutral third-party mediator. It is private and confidential and allows spouses to control their own divorce proceedings, negotiate all of the issues with each other, and preserve post-divorce relationships. Mediation is an excellent option for resolving disputes more quickly and less costly.

In addition to mediation, other ADR methods include:

• Arbitration: In arbitration, the disputing parties agree to present their case to a neutral third party, known as an arbitrator, who acts similarly to a judge. The arbitrator listens to both sides, reviews evidence, and then makes a binding decision on the matter. Arbitration can be less formal and faster than a court trial, but the parties must typically accept the arbitrator’s decision as final, with limited options for appeal.
• Collaborative Law: This method involves both parties and their attorneys working together to reach a mutually acceptable agreement. The key feature of collaborative law is the commitment of both parties to resolving their issues without going to court. If the process fails, the attorneys must withdraw from the case, and the parties will need to hire new representation if they decide to litigate. Collaborative law encourages open communication and cooperation, often making it suitable for family law matters like divorce.
• Negotiation: Negotiation is the most basic form of ADR and involves the parties directly communicating with each other, often with the assistance of their attorneys, to reach a settlement. It can occur informally or through structured discussions, and the outcome depends entirely on the parties’ willingness to compromise. Negotiation is flexible and allows the parties to control the process and outcome, making it a common first step in dispute resolution.

Specialized Divorce Cases

Specialized divorce cases present unique challenges that require specific legal considerations:

• LGBTQ Divorce: As same-sex marriage became legal nationwide in 2015, LGBTQ couples now face the same legal processes in divorce as heterosexual couples, but with certain nuances. Issues like child custody can be particularly complex, especially in cases involving non-biological parents or where legal parentage is unclear.
• Military Divorce: Due to the unique aspects of military life, military divorces involve additional legal considerations. Issues such as the division of military pensions, the application of the Servicemembers Civil Relief Act (SCRA), and the impact of deployment on custody arrangements can complicate the divorce process.
• Domestic Violence in Divorce: When domestic violence is a factor in a divorce, the safety and well-being of a spouse and any children involved become paramount. Courts may issue protective orders, which can influence custody and visitation rights decisions.

How Long Does it Take to Divorce in New Jersey?

Each divorce is unique and has different circumstances that can affect the time it takes to finalize a divorce. Generally, uncontested divorces conclude within a few months to one year, depending on the circumstances and how quickly you reach a mutual settlement agreement. Contested and high-asset divorces typically require more than one year to settle.

Can I Get a Divorce Without Going to Court?

Yes, it is possible to get a divorce without going to court, particularly if both spouses agree on all major issues related to the dissolution of their marriage. This process is often referred to as an uncontested divorce. Additionally, ADR methods, like mediation and arbitration, can help resolve any remaining disagreements outside of court.

How Is Marital Property Divided?

New Jersey is an equitable property state, meaning all marital assets and debts are divided equitably, not necessarily equally. Marital property refers to all property and debts acquired during marriage, such as a home, vehicles, and credit cards. Courts consider several factors when determining division of assets, including but not limited to:

• Marriage length and standard of living.
• Current age and health of each spouse.
• Individual financial standing.
• Each spouse’s income and earning capacity.
• Each spouse’s separate property.
• Existing prenuptial or postnuptial agreements.
• Any other relevant factors.

What Are the Types of Child Custody in New Jersey?

There are two categories of child custody in New Jersey – physical and legal custody. Physical custody refers to the primary custodian with whom the children will live with. Legal custody refers to each parent’s right to make major decisions regarding the children. The types of custody include:

• Joint legal custody: Children live primarily with the custodial parent and have scheduled visitation with the other.
• Sole legal and physical custody: Children live exclusively with the primary custodial parent, who is solely responsible for all decisions and care.
• Shared legal and physical custody: Children spend equal time with both parents, who share responsibility for all decisions regarding the children.

How Is Child Support Calculated?

The primary goal of child support is to ensure children receive adequate financial support based on the parents’ combined incomes. Under the New Jersey Child Support Guidelines, child support considerations include the number of children, each parent’s income, and the amount of time the children spend with each parent. The guidelines also consider children’s expenses, such as health insurance, childcare, and other necessary costs. Courts use a standardized formula to calculate the appropriate amount of child support allotments.

What Are the Types of Alimony in New Jersey?

Alimony in New Jersey is not automatic or permanent until the receiving spouse remarries. When determining alimony, the court considers several of the same factors for property distribution, such as length of the marriage, standard of living, and current economic circumstances. There are the main types of alimony in New Jersey:

• Temporary Alimony
• Limited Duration Alimony
• Rehabilitative Alimony
• Reimbursement Alimony
• Permanent Alimony

Do I Need a Divorce Lawyer?

In New Jersey, you are not required to hire a divorce lawyer. However, representing yourself can result in serious consequences if you do not understand state divorce laws comprehensively. Hiring an experienced New Jersey divorce lawyer will help in the following ways:

• Determine divorce grounds.
• Prepare and file required documents per law and guidelines.
• Compile records of marital assets and debts.
• Establish equitable distribution of marital property and high assets.
• Assess spousal support.
• Establish child custody and visitation arrangements.
• Calculate child support.
• Negotiate a settlement agreement with opposing counsel.
• Ensure your legal rights and your children’s best interests are protected.
• Represent you during the trial.

The New Jersey Divorce Lawyers at Torchin Martel Orr LLC Will Help You With All Your Divorce Needs

Divorce can be stressful, and you need the best legal guidance and support to help you through this difficult time. If you are considering divorce, call the experienced New Jersey  divorce lawyers at Torchin Martel Orr LLC at 201-971-4866 or contact us online to schedule a consultation. Located in Paramus, New Jersey, we serve clients in Bergen County, Morris County, Essex County, Hudson County, and the surrounding towns in northern New Jersey.