Moorestown Divorce Lawyers
Divorce is an emotionally taxing event in your life. Beyond representing a major change to your personal circumstances, divorce also entails a legal process that you must go through before your marriage can formally end. This process has many steps, and you need to be prepared for them. Hiring an experienced Moorestown divorce lawyer is the best way to protect your legal rights.
What Are the Legal Issues in a Divorce?
You must resolve many issues before your divorce can be final. Issues in a New Jersey divorce can include:
- Property Division: New Jersey uses equitable distribution principles to divide marital property between the spouses. Equitable distribution does not automatically mean a 50/50 split; a court would consider various factors of fairness before deciding which spouse gets what property.
- Custody: If there are children involved, the parents would need to determine which parent gets physical custody or whether it would be shared. The parent who does not have physical custody has visitation rights, and a schedule would need to be set. Furthermore, there are also issues regarding how decisions are to be made regarding the children. There is a presumption that both parents should be involved in the children’s lives to the fullest extent possible.
- Child Support: New Jersey law establishes guidelines determining how much child support the custodial parent would receive. In addition, there are issues regarding other expenses for the children, such as extracurricular activities and education.
- Spousal Support: If the financial situation of the two spouses is disparate, a court may order that one pay spousal support to the other. A formula is applied to determine the amount of spousal support.
Each divorce may have different issues depending on the facts and circumstances. Creative problem-solving may be required if you and your spouse cannot agree on solutions.
How Does the Divorce Process Work in New Jersey?
New Jersey has no-fault grounds for divorce, which you would most likely use in your case. Irreconcilable differences are the most common ground for divorce in New Jersey. Here, you must demonstrate that the irreconcilable differences have persisted for at least six months and that there is no hope of resolving them. You do not need to prove any fault on the other spouse’s part.
Resolving any disputes is usually a prerequisite for a New Jersey divorce to be granted. You would first try negotiating a marital settlement agreement before proceeding with the legal process. However, there may be times when you need to begin your divorce case in court.
The process for a divorce in New Jersey is as follows:
- Work to negotiate an agreement addressing all key issues.
- Prepare court documents that include a complaint that initiates the process.
- File the documents with the court and serve them to the other spouse.
- File a response to court documents if the other spouse has served the complaint to you.
- Make financial disclosures to your spouse if you have not already made them during the negotiation process.
- Go through the litigation process if you do not have a resolution to your case.
- Attempt divorce mediation if it can help resolve the key issues.
- Attend a hearing in court if you cannot agree on everything.
Once all significant issues are resolved through an agreement or a judge’s decision, the court will grant the order to finalize the divorce. The separation agreement or the judge’s decision will become part of the court order you must follow.
Before you begin working on the legal requirements for your divorce, you should hire a divorce attorney to help you with every step of the process. What may look easy on paper can be difficult in practice, and you need the assistance an experienced professional can provide.
Will My Divorce Case Go to Court?
In the best possible outcome, you and your spouse can reach an agreement without further litigation. However, you are dealing with a time fraught with emotion, and you and your spouse may have your own preferred resolution to the issues between you. In most cases, spouses will work to negotiate a separation agreement that must be finalized before a court can grant the final divorce order. However, you may need to go through some or all of the litigation process to reach that point.
Each spouse has the right to litigate a divorce case in court. If your divorce case ends in litigation, it is much like any other lawsuit. There would be a robust discovery process where each spouse can gather information from the other. This would lead to a court hearing before a judge, who would decide.
However, you should know that divorce trials are exceedingly rare. Even if you go many steps in the litigation process, chances are that you will reach a settlement agreement before you are in front of a judge. Your divorce lawyer could recommend mediation as a way of resolving disputes. Mediation is often used because it has been shown to work, with a success rate of over 80%.
Why Do I Need a Moorestown Divorce Lawyer for My Case?
Divorce is already a tough time in your life, and you have much to focus on during this period. You may not be clear-headed enough to see the legal issues ahead of you, much less be able to negotiate a resolution in your best interest. It always helps to have strategic counsel from a knowledgeable attorney who works with divorces on a daily basis. Your Moorestown divorce lawyer at Burnham Douglass can help you step back from your emotions and utilize a more pragmatic approach.
An attorney can handle all the details of your case, dealing with your spouse’s lawyer. They can assist you in negotiating a solution to complex issues standing in the way. You should not try to negotiate a divorce with your spouse on your own because it can both inflame emotions and keep you from getting the resolution you want and need. Hiring a divorce lawyer can give you peace of mind during a tumultuous time, allowing you to focus on the transition in your life. The Moorestown divorce lawyers at Burnham Douglas have over 70 years of experience helping clients like you with family law matters.
Contact the Moorestown Divorce Lawyers at Burnham Douglass
The Moorestown divorce lawyers at Burnham Douglass are your advocates during the legal process. We can provide you with strategic legal advice and determined representation. The first step is for you to reach out to us through our website or by calling us today at 856-751-5505 to schedule a free initial consultation. We have offices in Marlton and Northfield, New Jersey, and we help clients in South Jersey, including Evesham Township, Cherry Hill, Camden County, Burlington County, and Atlantic City.
