New Jersey Divorce Lawyer
Comprehensive Divorce Services for Residents of Somerset, Morris, Union, Middlesex, and Essex County, NJ
While some couples can resolve their divorce issues amicably, others face a contentious divorce with a high-conflict spouse. Ensuring your rights and interests are protected throughout the divorce process is essential. Additionally, as a wide variety of issues can arise during a divorce, it is advisable to consult with a divorce attorney who has experience successfully navigating all aspects of the divorce process.
At Lane & Lane, LLC, our Somerset County divorce lawyers offer comprehensive, unmatched divorce services. With over 60 years of experience, our NJ divorce lawyers possess the knowledge, skillset, and professionalism you would expect from a seasoned law firm. Our compassionate approach is unparalleled and can be witnessed from the moment you call into our office until your divorce case has been finalized.
Is NJ a 50-50 Divorce State?
No, New Jersey is not a 50-50 divorce state. New Jersey is an equitable distribution state, meaning the marital property is divided fairly but not necessarily equally. Instead, the family court will decide what is fair based on the circumstances of each case.
How to File for Divorce in New Jersey
Before you can file for divorce in the state of New Jersey, you must meet the residency requirement. You must have been a New Jersey resident for the last 12 consecutive months before filing. From there, the process for filing for divorce in the state is as follows:
- Consult with an experienced divorce attorney to ensure your interests are protected
- Determine if you are filing for a fault or no-fault divorce
- File a Complaint for Divorce/Dissolution along with your other divorce documents (make at least 3 copies of your divorce paperwork as the court requires this)
What is the Cheapest Way to File for Divorce in New Jersey?
The cheapest way to file for divorce in New Jersey is mediation. Mediation is an “alternative dispute resolution.” to going through litigation. Generally, mediation will be much less expensive than divorce litigation.
Mediation is confidential, private, and results in a divorce agreement that is mutually beneficial for both parties.
One major benefit of mediation is that it can help preserve the relationship between the spouses, which may enable them to collaborate more effectively in the future.
How Long Does It Take to Get a Divorce in NJ?
In New Jersey, getting a divorce can vary between 10 to 12 months. The courts in New Jersey have mandated that no divorce should take longer than 12 months from the first filing date of the Complaint for Divorce.
However, exceptions can be made for complex divorce cases.
No Fault Versus Fault-Based Divorce
You have the option of pursuing a fault-based divorce, meaning one or both spouses’ conduct led to the dissolution of the marriage, or a no-fault divorce, which means that neither spouse was at fault for the breakdown of the marriage.
New Jersey offers two types of no-fault divorce:
No-fault divorce based on separation
If you and your spouse have lived apart for the last 18 months you could file for a no-fault divorce based on separation.
No-fault divorce due to irreconcilable differences
If you and your spouse have experienced irreconcilable differences for at least 6 months before the divorce, you could pursue this option.
The grounds for filing for a fault-based divorce include but are not limited to the following:
- Extreme cruelty
- Voluntarily induced addiction to a narcotic drug and/or alcohol
- Institutionalization for mental illness
- Deviant sexual conduct
If you are pursuing a fault-based divorce, it would benefit you to consult with an experienced divorce lawyer beforehand to ensure your reason for filing is considered valid according to the law.
How Long Does a No-fault Divorce Take in NJ?
In New Jersey, a no-fault divorce can take as little as three to six months if there are no issues, such as children, property, or debts. The shortest possible timeframe for a simple, uncontested, no-fault divorce is under two months.
How Is Property Divided in a New Jersey Divorce?
New Jersey is an equitable distribution state, meaning asset and property division will be dictated by fundamental fairness, or what the court deems fair under the circumstances of each case. The factors the court will consider before dividing a couple’s property includes but is not limited to the following:
- Length of the marriage
- Present value of all property
- Each spouse’s physical and emotional health
- Accustomed standard of living the couple established during the marriage
- Existence of any prenuptial or postnuptial agreements
- Each spouse’s financial wellbeing and economic circumstances
- Any income and/or property either spouse brought into the marriage
- Each spouse’s income and earning capacity
- Any contribution of either spouse to increase the earning power of the other spouse
- Extent to which either spouse delayed career goals during the marriage
- Each spouse’s debts and liabilities
- Any other factors the court finds relevant
Give our New Jersey Divorce Lawyer a Call Today
Suppose you are thinking of filing for divorce in New Jersey. Speaking with an experienced Somerset County divorce lawyer is essential in that case. Our Somerset County family law lawyer can help you understand your legal rights and options and represent you in family court if necessary.
If you need assistance navigating your divorce, call our office at (908) 259-6673 or reach out to us online to schedule a consultation. We are proud to serve clients across Central New Jersey.
“He gave me the facts straight and handled me as well as my dispute excellently.”- Gary R.
“I've learned so much from him while working together on my divorce case.”- Ching F.
“He guided me through the process and settled my nerves when I was apprehensive. He has my best interests and made sure I was protected. He really knew his business and I am so happy that I selected him to represent me. He made himself available to me almos”- Myria T.
Let us devote our time to your case that can range from divorce, child custody, equitable distribution, domestic violence and more. We are committed to find an end solution that you and your family can walk away from with peace of mind.