Navigating a divorce is often one of the most stressful times in a person's life. The mental anguish that is caused by the end of a relationship can be compounded by child custody disputes, financial insecurity, and housing concerns. Sometimes, it is even necessary to obtain a restraining order in cases where domestic violence has occurred.
The Lento Law Firm Family Team can assist you in navigating the divorce process in Essex County and throughout New Jersey. Whether your case involves a straightforward division of assets or the end of a long-term relationship involving custody and complicated financial issues, our Family Law Team stands ready to help. Our team has experience dealing with even the most complicated divorce cases. To find out how we can help you, call 888-535-3686 or fill out our confidential, online contact form today.
Overview of Divorce in New Jersey
Broadly speaking, there are two types of divorce in New Jersey: fault and no-fault.
No-Fault Divorce
No-fault divorce is by far the most common type of divorce in New Jersey, as it is a far simpler process than a fault divorce. In a no-fault divorce, both parties agree that the marriage should end, and the relative fault of either party is disregarded for the purposes of the court proceeding. The parties must still prove that there are grounds for the divorce, i.e., that there are irreconcilable differences that have lasted for more than 6 months and/or the parties have been separated for a period of at least 18 months. This is relatively easy to prove. Judges in a no-fault divorce typically do not base alimony or child custody awards on the actions of the parties.
Fault Divorce
This type of divorce usually occurs when one party refuses to consent to the divorce and signs the necessary legal papers to end the marriage. A fault divorce operates under the premise that one party has committed a wrongdoing and is thus responsible for the end of the marriage. Types of wrongdoing include infidelity, emotional or physical abuse, substance abuse, and abandonment. In a fault divorce, a judge will find fault for the end of the marriage, which will affect alimony and child custody decisions.
Divorce proceedings usually begin through the filing of a complaint in the Superior Court of New Jersey. One party will be the plaintiff, and the other will be the defendant, although typically, these designations are irrelevant if the decision to divorce is mutual. In order to file for divorce in New Jersey, one party must have been living in the state consecutively for a period of at least one year. The complaint will be filed in the county in which the actions or reasons for divorce took place, even if one or both parties have moved to a different county or even out of state.
The vast majority of divorce proceedings involve the negotiation of a settlement agreement by the parties. The typical matters that are included in the agreement include the division of marital property, the amount of alimony to be paid, if any, and child custody and visitation. If the parties are unable to agree on these matters, however, the case will go to trial and be decided by a Family Law Court. Trials can be very expensive, time-consuming, and emotionally draining. The decision rendered at trial can be unpredictable and often one-sided. Therefore, in almost all cases, agreeing to a settlement is preferable to a trial.
Essex County
Essex County is one of the most populous counties in the State of New Jersey, and accordingly, there are thousands of divorce proceedings filed in the county each year. The county seat is located in Newark, the largest city in New Jersey.
All divorce and child custody proceedings in Essex County are conducted in Family Court. These proceedings are handled at the Essex County Veterans Courthouse or the Robert N. Wilentz Justice Complex. In most divorce proceedings that are uncontested no-fault matters, your appearance in person at the courthouse will be limited.
Child Custody Issues
Child custody issues are often fraught with the most potential for disagreement and conflict in the divorce process. These can often be lengthy and drawn-out legal battles between the parties.
The term “child custody” refers to both physical custody and legal custody. Physical custody means the physical location where the child resides and lives. Legal custody refers to the ability of a parent to make legal decisions on behalf of the child, including those related to education, religion, and medical needs. Typically, both parents are entitled to participate in making legal decisions, although there can be instances where one parent is excluded from those decisions.
Courts in New Jersey will award either shared custody, joint custody, or sole custody.
Shared Custody
Shared custody refers to a custody arrangement where both parents have at least two overnight stays per week. Both parents share in physical custody and legal custody, although one parent will be assigned as the “parent of primary residence” and the other the “parent of alternate residence.”
Joint Custody
This arrangement occurs where both parents have equal physical custody of the children and jointly make all legal decisions for the children. This type of arrangement typically will require both parents to work together and requires some kind of working relationship between the two parties. This is perhaps the most common type of custody arrangement.
Sole Custody
This arrangement refers to where one parent is given fewer than two overnight stays per week. Sometimes, one parent will be excluded from both physical and legal custody. It occurs only if that parent is deemed to be “unfit” due to issues such as physical or mental abuse of a child, drug and alcohol dependence, or a history of neglect of the child.
In many cases, the two parties will work out custody arrangements between themselves. If they are unable to, mediation will typically be ordered by the court. If the parties are still unable to agree, a family law judge will render a decision on the issue.
These proceedings can be long, drawn-out, painful processes. The court will often order a risk assessment and evaluation for both parents. This assessment will examine both parties' ability to care for the children and their fitness to parent. Factors that will be examined by a court in making a custody decision include:
- Cooperativeness of the parents
- The needs of the child
- Ages of the children
- Any history of abuse or neglect
- Parental employment
- Education
- The child's preferences (if old enough)
Restraining Orders
Due to the emotional aspect of many divorce and child custody proceedings, it is not uncommon for one party to ask for a restraining order against the other party. A restraining order is an order by a court prohibiting one or both parties from interacting with the other. The basis for a restraining order can be violence, the threat of violence, harassment, stalking, or abuse. Violation of a restraining order can lead to criminal penalties and even jail time.
In the context of divorce and child custody proceedings, a restraining order will commonly prohibit:
- Direct or indirect contact by the abusing party with the other party
- Proximity restrictions, such as staying at least 100 feet away from the other party
- Requiring the abusing party to stay away from certain locations that the other party frequents
- Temporarily revising child custody agreements to prohibit contact
- Allowing only supervised visitation with the children
- Completely restricting contact with the children
The Lento Law Firm Can Help You
The Lento Law Firm has experience in Essex County and throughout New Jersey in even the most complicated divorce proceedings. Divorce is an area of the law that is complicated and unpredictable. Although you may think that you and your spouse are on the same page and will quickly agree on all relevant issues, oftentimes, attitudes and positions change when it comes to agreeing on details. What you may think is a simple division of assets can quickly become a complicated legal matter.
In particular, if your spouse has retained an attorney, it is of the utmost importance to contact the Lento Law Firm Family Team as soon as possible to protect your rights. An action you take that you believe is in the best interests of your family may later be used against you. Don't make the mistake of waiting until a divorce complaint is filed against you. Contact the Lento Law Firm today.
The Lento Law Firm will make every effort to obtain the most favorable outcome for you. We will conduct a thorough investigation into all aspects of your case. We can help you:
- Negotiate a division of property that is fair to you
- Determine the appropriate amount of alimony under New Jersey law
- Fight to have your parental rights preserved so that you have adequate parental rights and physical time with your children
- Determine child support based on your time with the children
Protect your financial and parental rights by contacting us as soon as possible in the process. The Lento Law Firm Family Team has the experience you need to protect your rights. Call 888-535-3686 or fill out our confidential online form.
