At Wernik & Salvatore, in Hazlet, we have comprehensive knowledge of New Jersey divorce laws. Our divorce attorney helps clients understand the laws as applicable to their unique situation and helps clients resolve complex and sensitive divorce matters, such as property division, child custody and support. Contact divorce attorneys Robin T. Wernik and David Salvatore to schedule a consultation.
Grounds for a Divorce in New Jersey
In order to obtain a divorce in New Jersey, there must be valid grounds for the divorce — in most cases, some type of fault. The more common reasons for divorce involve adultery, extreme cruelty or separate living quarters for more than 18 months. However, in January 2007, the New Jersey legislature added a new cause of action — irreconcilable differences. Couples who have had irreconcilable differences for at least six months may now file for divorce under New Jersey law without alleging fault by the other spouse.
Property Division and Alimony
Many contested divorces involve disputes over financial issues, such as property rights and alimony (spousal support). Our law firm is experienced handling divorces involving a wide range of financial assets, from divorces involving few assets and high debt to those involving significant assets and investments. We help clients with the proper valuation, division, and transfer of all marital property, such as stocks, bonds, IRAs, pensions and other retirement accounts, vacation properties, personal property (jewelry, artwork, vehicles, etc.) and other property.
- Equitable distribution: In New Jersey, property division is based upon equitable distribution. Property division is determined based upon what is fair, not equal. All property which has been acquired during the marriage (except gifts or inheritances maintained separate) may be considered for equitable distribution. Our attorneys promote cost-effective methods of resolving property division disputes, such as mediation or the early settlement panel.
- The Early Settlement Panel: Every litigant in a divorce or civil union dissolution matter will have the opportunity to appear before the early settlement panel, which is a court ordered program. The early settlement panel involves neutral third-party attorneys who review all information and render their opinion as to what would constitute a fair settlement agreement. The parties may then choose to accept the agreement, attempt mediation or proceed to trial. Divorce attorney Robin T. Wernik routinely serves as an early settlement panelist in Monmouth County, New Jersey.
- Alimony: Alimony is the obligation of one spouse to support the other upon dissolution of a marriage or civil union, and is one issue that will be decided by the court or by agreement of the parties. Although each case has it unique set of fact, there are statutory factors for alimony that a court must apply, such as, the length of the marriage, the ability of the person paying alimony to pay the alimony, and the needs of the person receiving alimony.
Child Custody and Visitation
Often, the most emotional issues in divorce are issues which involve the children. Child custody issues are very personal and in most cases should not be handed off to a stranger for a decision. Our law firm promotes mediation or negotiation for resolving child custody and visitation matters. Couples are usually capable of putting their children's best interests first and coming together to reach a custody and parenting agreement which is acceptable to both parents. This method of resolution is also a way to reduce the emotional turmoil and promote healthy relationships for the future. However, when mediation does not serve our clients' interests, we stand ready to aggressively represent their interests in trial.
Contact Our Attorneys
If you would like to discuss your family situation with an experienced divorce lawyer, please contact our Hazlet family law firm to schedule an initial consultation.
Please see our FAQs to learn what to bring to your initial appointment with our attorneys at Wernik & Salvatore.