Mount Laurel Divorce Lawyers
Divorce is a significant legal process that involves more than just the dissolution of a marriage; it also addresses child custody, spousal support, and property division. In Mount Laurel, New Jersey, couples considering divorce may face various legal issues that need to be resolved before the marriage can be officially ended.
That is where our experienced Mount Laurel divorce lawyers at Burnham Douglass come in. Our team is well-versed in New Jersey divorce laws; we help individuals better understand the process and prepare for legal proceedings. Every divorce is unique, and we work with clients to achieve the most favorable outcomes for their circumstances.
What Are the Grounds for Divorce in New Jersey?
New Jersey allows no-fault and fault-based grounds for divorce. ‘No-fault’ divorce is based on the premise that neither spouse is specifically responsible for the breakdown of the marriage. The most common no-fault ground for divorce in New Jersey is “irreconcilable differences,” which indicates that the marriage has been broken for at least six months with no reasonable prospect of reconciliation. Another no-fault ground is separation for a period of 18 months or more, where the spouses have lived apart continuously.
‘Fault-based’ grounds attribute the end of the marriage to the conduct of one spouse. Examples include:
- Adultery
- Extreme cruelty
- Desertion
- Addiction to drugs or habitual drunkenness
- Institutionalization for mental illness
- Imprisonment for a crime
Each fault-based ground requires proof of the specific conduct that led to the divorce.
How Is Property Divided in a New Jersey Divorce?
New Jersey follows the principle of equitable distribution, meaning that marital property is divided fairly, though not necessarily equally, between the spouses. The court considers a variety of factors when determining how to divide property.
- Length of the marriage
- Economic circumstances of each spouse at the time of the division
- Income and property brought into the marriage by each party
- Age and physical and emotional health of both spouses
- The standard of living established during the marriage
- Contributions made by each spouse to the marital property, including homemaking and childcare
- The debts and liabilities of each spouse
Property acquired during the marriage is generally considered marital property and is subject to equitable distribution, while assets owned before the marriage are not. Our Mount Laurel divorce lawyers can determine which of your property is jointly owned and which falls into the other category.
What Is the Process for Filing for Divorce?
The spouse initiating the divorce, known as the plaintiff, files a divorce complaint with the court. The complaint specifies the grounds for the divorce and any requests for relief, such as alimony or child custody. The complaint must be served on the other spouse, known as the defendant. The defendant then has a set period of time to respond to the complaint.
If the case is contested, the court may schedule a case management conference to establish a timeline for discovery and address any preliminary issues. This phase involves the exchange of financial and other relevant information between the parties. Discovery may include document requests, interrogatories, and depositions.
Many divorce cases are settled through negotiation or mediation, but if the spouses cannot reach an agreement, the case will proceed to trial. The court will then make determinations on unresolved matters.
How Is Child Custody Determined?
Child custody decisions in New Jersey are based on the best interests of the child. Courts consider a variety of factors to make this determination, including:
- The parents’ ability to agree, communicate, and cooperate regarding the child.
- The needs of the child and each parent’s ability to meet those needs.
- The stability of the child’s current home environment.
- The relationship of the child with each parent and any siblings.
- The child’s safety and any history of domestic violence.
- Each parent’s fitness to care for the child.
The court may award joint custody, where both parents share decision-making responsibilities, or sole custody to one parent. Physical custody arrangements may involve primary residential custody with one parent and visitation rights for the other. This is one of the most emotional aspects of divorce, and our Mount Laurel divorce lawyers handle it with compassion and integrity.
What Factors Influence Alimony Awards?
Alimony, or spousal support, may be awarded in a divorce to help a lower-earning spouse maintain a standard of living comparable to what was enjoyed during the marriage. The determination depends on the length of the marriage and each spouse’s earning capacity and education.
Older spouses or those with health concerns may receive more support; each spouse’s financial and non-financial contributions during the marriage are also considered. That includes both direct monetary contributions and non-monetary contributions such as homemaking.
The court has the discretion to decide whether alimony is appropriate and, if so, how it will be structured, taking into account the specific circumstances of the marriage.
Can Divorce Agreements Be Modified?
Yes, divorce agreements can be modified under certain circumstances. For modifications to be approved, there must be a significant change in circumstances since the original agreement was made. Common reasons for modifying a divorce agreement include:
- Changes in income: Loss of a job or a significant increase in income can justify a modification.
- Relocation: If one parent needs to move a significant distance away, it may affect child custody and visitation arrangements.
- Health issues: New medical conditions that impact either party’s financial or caregiving abilities may be grounds for modification.
The party requesting the modification must file a motion with the court, and the judge will evaluate whether the change in circumstances warrants an adjustment to the original terms. Our Mount Laurel divorce lawyers can also help you modify your divorce agreement.
Trust That the Mount Laurel Divorce Lawyers at Burnham Douglass Will Fight to Protect Your Rights
Whether your divorce is amicable or contentious, protecting your rights should remain a priority. The experienced Mount Laurel divorce lawyers at Burnham Douglass offer free consultations and will be with you every step of the way. To learn more, submit our online form or call our Marlton and Northfield, New Jersey, offices at 856-751-5505. We serve clients in South Jersey, including Evesham Township, Cherry Hill, Camden County, Burlington County, and Atlantic City.
