The dissolution of a marriage is never an easy thing to deal with. For a couple that can proceed using mediation and negotiation strategies, there is still paperwork to be filled out, finances to be organized, and court proceedings to schedule. Of course, that is just in the best case scenario; for a victim of physical domestic violence or verbal spousal abuse, divorce can be downright traumatizing.
This is why it is so important to have a Toms River divorce lawyer working on your side. You certainly are not expected to know every little detail that applies to divorce cases, and this is what makes an experienced team of family lawyers so indispensable and helpful.
That being said, you will feel much more comfortable with your Toms River divorce lawyer and with the case proceedings if you have a general idea about what to expect. Here is just a quick look at a few things you will have to consider during your divorce:
Grounds for Divorce
The state of New Jersey requires that a married couple provide an honest and legitimate reason for terminating their marriage. There are several reasons for seeking a divorce which will be accepted in a New Jersey court of law: adultery; extreme cruelty; living separate for a period of at least 18 months consecutively; institutionalization for a mental illness for two or more years; imprisonment for 18 months or more; or irreconcilable differences (just to name a few).
Residency
To file for a divorce in New Jersey, one spouse must live in the state for at least one year prior to petitioning for divorce. If both spouses live within the state but in separate counties, the petition can be filed in either county.
Property Division
New Jersey is an equitable distribution state, which means that the court is tasked with dividing up the property so that both parties receive what is fair — keep in mind, however, that “fair” does not necessarily mean “equal.” Many couples (representing 95% of all divorces) find that it is possible to reach an agreement on property divisions outside of the courtroom.
Alimony
One spouse could be ordered to provide temporary or permanent alimony payments to the other spouse, should the court deem it necessary. The court will consider factors such as each person’s education level, monthly income, employability, medical needs, and a variety of other factors. Alimony is not always necessary in all divorce cases.
You might be surprised to learn that an estimated 10% of the U.S. population is divorced, or that every marriage has a 20% chance of ending within its first five years. It is important to remember, however, that every marriage is unique and therefore every divorce case will be unique, too.
With a professional and caring team of Toms River divorce lawyers, you never have to worry about feeling alone or overwhelmed during your case.