Whether you're emotionally prepared for your divorce or feel caught off guard, divorce is never simple. If you're living in Middlesex County and you've decided it's time to separate or divorce from your spouse, you might be wondering what your next steps are to make this decision legal. At the Lento Law Firm, we know you want your divorce handled quickly and as painlessly as possible. Our Family Law Team is here to do just that. At every turn, we work to protect your rights through every issue in your divorce, from division of property to child custody, spousal support, and obtaining restraining orders when necessary. Get started with the experienced Middlesex County divorce attorneys at the Lento Law Firm by calling us at 888-535-3686 or contacting us online today.
The Divorce Process in Middlesex County
If you are going through your first divorce, or at least your first divorce in Middlesex County, you need to know a few things. Every state and Court has its own nuances for court filings, and divorce proceedings are no exception. For starters, the Middlesex County Family Court will use the terms "divorce" and "dissolution of marriage" interchangeably; they have the same legal meaning. Let's go through some other important things to know as you embark on your divorce, including the Court you will be working with, the types of divorce, and the process for each.
Where are Divorce Proceedings Conducted in Middlesex County?
Divorce cases in Middlesex County are handled by Middlesex County Family Court (not to be confused with Middlesex County Courthouse, which is a separate court at a different location).
There are a few criteria for filing in Middlesex County Family Court. First, at least one of the spouses must be a Middlesex County resident for at least one consecutive year before filing for divorce. The second requirement is a bit more confusing; you must file for divorce in the country where the reasons for the divorce occurred. This requirement applies even if the spouses are now in separate counties. Your Lento Law Firm attorney will tell you which Court is appropriate in your case, whether it's Middlesex County Family Court or a family court in another New Jersey county.
Middlesex County Family Court is located at:
120 New Street
New Brunswick, New Jersey 08901
In addition to divorce proceedings, Middlesex County Family Court handles other matters that may be relevant to your divorce. For example, this Court may also handle your issues of child custody, child support, spousal support, or domestic restraining orders.
What Type of Divorce Should I File For?
New Jersey recognizes fault and no-fault basis divorces. Unfortunately, New Jersey doesn't make obtaining a divorce particularly difficult in either scenario.
No-Fault Divorce
No-fault divorces are the easier and more common of the two types of divorce filings. A no-fault divorce filing simply means that both spouses consent to the divorce. In reality, there are few divorces where both spouses aren't pointing fingers. However, a no-fault divorce leaves those reasons outside the courtroom—the judge will not hear them or consider them for alimony, child support, or other purposes. Leaving the differences and arguments outside the courtroom makes the process quicker and easier for both parties.
While a no-fault divorce is the simpler option, New Jersey courts, including Middlesex County Family Court, have requirements couples must meet before the Court will grant the divorce. Before a Middlesex County Family Court judge will sign off on your divorce, you will need to demonstrate one of the following:
- You and your spouse had irreconcilable differences for a least six months that caused the marriage to fail or
- You and your spouse have been separated for a minimum of 18 months
You may be wondering, how am I supposed to prove to a court that my spouse and I have been having irreconcilable differences for the past six months? What even is an irreconcilable difference? Am I supposed to share my most intimate thoughts and details of my marriage with a judge?
Fortunately, there will be no need to bare your soul, get witness testimony from your marriage counselor, or any emotionally taxing hoops to jump through to prove irreconcilable differences in your marriage. All you need to do is have you and your spouse sign a joint statement saying that you have irreconcilable differences – it's that simple.
Fault Divorce
Divorces are never easy, but they get significantly more complicated when one spouse refuses to divorce or has skipped town. While fault divorces are certainly possible, they can take a long time and have certain requirements that must be met for a Middlesex County Family Court judge to award the divorce. A fault divorce requires meeting one of the following grounds:
- Adultery
- Desertion
- Extreme cruelty
- Drug or alcohol use disorder
- Imprisonment
- Deviant sexual misconduct
- Institutionalization due to mental illness
If you're filing for divorce based on these grounds, you must provide the Court with specific documentation. Your Lento Law Firm Family Law Team attorney will talk to you about which documents you need and how to obtain them.
What Issues are Covered in Divorce Cases in Middlesex County?
When you get divorced, Middlesex County Family Court will address and decide on a variety of different issues. Ideally, you and your spouse may have mutually agreed upon some of these issues, whether on your own or through mediation and reached a divorce settlement. If you have come to an agreement, the judge will likely sign off without input. If you are unable to come to a resolution, the judge can decide on the following issues:
- Division of real property
- Division of personal property
- Division of bank and brokerage accounts
- Division of retirement accounts
- Division of debts
- Legal and physical custody of any minor children
- Child support
- Spousal support
Child Custody and Support Issues in Middlesex County Divorce Cases
Perhaps the most important decisions that will be made during your divorce will be related to child custody and support of your minor children. While the best-case scenario is you and your spouse coming to an agreement that works best for you, that is rarely the reality. Even two parents of the same child can have drastically different opinions on what is best for their shared child in a divorce. When parents don't have an agreement ready for the judge to formalize, it is up to the Family Court to set child custody and support.
There are two types of child custody recognized in Middlesex County and throughout the state of New Jersey: physical custody and legal custody. Physical custody refers to where the child will live and for what percentage of time. Legal custody gives a parent the ability to make legal decisions on the child's behalf, such as decisions related to medical treatment, education, and religion. In most cases, the Family Court will work to ensure both parents have shared physical and legal custody.
Spousal Support in Middlesex County Divorce Cases
Whether you seek child support in your divorce or don't have children to factor into the equation, you may be entitled to spousal support (also called alimony). Spousal support is common when spouses have a significant income discrepancy, and the divorce will greatly impact one spouse's ability to maintain their current standard of living.
It's possible that, like many others, you gave up career and educational opportunities for your spouse. At the time, you and your soon-to-be former spouse were a team. The decisions you made were thought out through the lens of what was best for the team, not each of you individually. These decisions were made on the belief that you would never be in the situation you are now, facing a divorce.
The Middlesex County Court will assess your ability to earn income, how long you and your spouse were married, present financial circumstances, contributions and sacrifices of each spouse during the marriage, and other factors in calculating spousal support. Spousal support aims to counteract the economic imbalance between the newly separated households.
Restraining Orders in Middlesex County Divorce Cases
If abuse is a driving factor, or present at all, in your divorce case, you should consider pursuing a restraining order. The most dangerous time for those being subjected to domestic violence is when they try to leave. Whether it is you, your child, or both of you who are being abused, you need to be careful extricating yourself and your child from the relationship. Even if your child is not the victim of abuse, a restraining order can have an immediate impact on child custody and visitation.
Before you notify your spouse that you intend to leave, contact the Lento Law Firm to discuss filing a restraining order against your spouse. As a victim of domestic violence, you can file a restraining order either before or in conjunction with your divorce filing. Your Lento Law Firm attorney can explain the pros and cons of each option. During your consultation with our Family Law Team, we will also explain how the restraining order process will work, including the differences between a temporary restraining order and a final restraining order, how to file for them, and what restraining order hearings look like in Middlesex County.
Protect Your Rights - Retain a Middlesex County Divorce Attorney Today
Divorce can feel like a war, but with the Lento Law Firm Family Law Team, you never need to go into battle alone. Let one of our seasoned Middlesex County divorce attorneys fight for you, whether in the courtroom or at the negotiating table. Schedule a confidential consultation with our Family Law Team today by calling us at 888-535-3686 or contacting us online.
