Ending a marriage is a complex legal procedure that must be undertaken with the greatest of care. From matters concerning the distribution of property and the payment of alimony to the custody of children and the payment of support, a divorce decision will affect every portion of a person’s life. Therefore, it is vital that you take steps to protect your future and that of your children.
An Ocean County divorce lawyer can help you navigate this complex process. By helping you understand your rights under the law, filing the necessary paperwork, and working to protect your rights and interests, a skilled family lawyer can help guide you through the process.
The Divorce Process in Ocean County
In order to initiate the divorce process, one spouse must file a Complaint for Divorce. Under N.J.S.A. §2A:34-2, the person who files the Complaint must cite a cause of action for the divorce which can be fault or no-fault based. Fault-based causes of action can include:
- Adultery
- Desertion for 12 or more months
- Drug addiction
- Imprisonment for more than 18 months following a marriage
These causes of action could lead to an at-fault divorce. However, simply citing irreconcilable differences is also a cause for divorce. Whether a person is seeking a fault divorce or a no-fault divorce, the general process remains the same.
Following the initial Complaint, both parties must submit a Case Information Statement (CIS). This includes their information concerning finances, property, and assets. This Statement is used to calculate important matters in the divorce including alimony, child support, and the sale of property.
Many cases end with a trial to decide important separation matters. However, long before the case gets to this point, both parties will participate in settlement talks. The spouses may also need to participate in mediation during the divorce process. This can end the entire case if both parties come to an agreement on every issue in the divorce. An Ocean County divorce lawyer can help a divorcing party from the initial filing through settlement talks and negotiations to make sure their rights and interests are protected.
Important Matters to Decide
A divorce may appear to be a simple separation of two adults. However, marriage is a legally binding contract between the two parties to provide for the needs of each other. As such, any end of the relationship carries legal consequences. This includes legal consequences for the adults involved, but also for their children. Common issues to be resolved in divorces include:
- The disposition of marital assets such as a home, cars, or other property
- The question of spousal support or alimony
- Child custody, both legal and physical
- Child support payments
An experienced divorce lawyer in Ocean County can work to help those involved in a divorce understand the issues that must be resolved in their unique situation. They can then help create a plan to make sure that what is important is protected.
An Ocean County Divorce Attorney Can Answer Questions
Whether the parties agree on the need to end the relationship or one party files a Complaint on their own, the case still must move through the divorce process. These cases will decide every important issue for a person’s future.
An Ocean County divorce lawyer could protect your rights. This can include the right to keep living in your house, to maintain financial stability, and to retain custody of shared children. Contact an attorney today to see how we can help.