New Jersey Divorce Lawyers

Comprehensive Divorce Services for Residents of Somerset, Morris, Union, Middlesex, and Essex Counties

While some couples can resolve their divorce issues amicably, others find themselves facing a contentious divorce with a high-conflict spouse. As such, it is important to ensure your rights and interests are protected throughout the entire divorce process. Additionally, as there are a wide variety of issues that 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, we 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 case has been finalized.

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)

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:

• Desertion
• Extreme cruelty
• Adultery
• Voluntarily induced addiction to a narcotic drug and/or alcohol
• Institutionalization for mental illness
• Imprisonment
• 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.

Alternative Dispute Resolution Methods to Divorce

If you and your spouse would like to keep matters more amicable and resolve your differences outside of the courtroom, you can choose an alternative dispute resolution (ADR) method, such as mediation. Meditation involves a neutral, trained, third party individual, called a mediator, who assists a couple with resolving their divorce issues. 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 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

If you need assistance navigating your divorce, call our office at (908) 259-6673 or reach out to us online to schedule a free consultation. We are proud to serve clients across Central New Jersey.