Divorce Attorney East Brunswick NJ

Very few people enter a marriage with the expectation of divorce, and there are many factors that an individual needs to consider before they move forward with the dissolution of marriage process. The divorce laws in New Jersey can be confusing and intimidating to the uninitiated, which is why most people choose to retain the services of a New Jersey family law attorney to represent them through the process. 

A New Jersey divorce attorney is familiar with the laws that can affect your share of the marital assets and debt, parental custody, child support, spousal support, and other legal matters that may follow you long after your divorce is finalized. In East Brunswick, NJ, the family law and divorce lawyers of Cosner Law Group represent individuals who are seeking the dissolution of their marriage. Contact us to schedule a free initial consultation.

New Jersey Divorce Laws That Can Affect Your Case 

Divorce Requirements 

New Jersey state statute 2A:34?2 details eight different grounds for divorce, but since 2007 when the laws changed, most individuals petitioning for divorce in the Garden State file for a no-fault divorce. To qualify for a no-fault divorce, you must meet the following conditions: 

  • Either you or your spouse must have resided in NJ for 12 continuous months before filing the divorce complaint. 
  • Either you or your spouse must claim irreconcilable differences for six months before the filing. 
  • Those differences are sufficient that it appears the marriage should be dissolved. 
  • You believe that reconciliation is not possible. 

Most individuals seeking a dissolution of marriage who have resided in the state for a year or longer can meet the other requirements for a no-fault divorce. 

Asset and Debt Division 

Contrary to popular belief, in New Jersey, marital assets are not divided according to a 50/50 split. New Jersey is an equitable division or equitable distribution state, which means that assets (and debts) will be divided fairly, but not necessarily equally. 

Additionally, not all assets are considered marital assets. Assets that may not be regarded as marital property could include individual inheritances, family heirlooms, and personal gifts. Assets accumulated during the marriage, such as your home and other real estate, money in bank accounts, investments, vehicles, and pensions are all considered marital assets, in most cases. Also, most types of debt accumulated during the marriage — mortgages, car loans, personal loans, and credit card debts — are considered marital debts. 

Child Custody in New Jersey 

New Jersey has four different categories of child custody. Here is a brief overview of each type. 

1. Joint Legal Custody 

Both parents have the legal right to make decisions for their children. 

2. Sole Legal Custody 

Only one parent can make significant decisions for their children. These decisions could include where the children will attend school; whether or not the children will attend a particular church or will go to church at all; or what doctors will attend to their healthcare needs. 

3. Joint Physical Custody 

Joint physical custody is also sometimes referred to as joint residential custody. In most cases, parents will have to determine a shared parenting plan, which will outline how many overnight stays the children will have with each parent. This arrangement can also affect child support payments, which will be covered in the next section. The parent who is scheduled for a greater number of overnight stays is referred to as the Parent of Primary Residence (PPR). In contrast, the other parent is referred to as the Parent of Alternate Residence (PAR). 

4. Sole Physical Custody 

Sole physical custody means that the children reside with one of the parents for at least five nights per week. 

In our experience, few areas of divorce law are as contentious as child custody. The skilled, effective attorneys at Cosner Law Group can help you develop a parenting plan that both protects your parental rights and benefits your children. 

Child Support 

Calculating child support payments involves numerous factors, such as each parent’s earnings, monthly living expenses, the percentage of shared parenting, and many other elements. If you have children and are seeking a divorce, we strongly recommend retaining a family law attorney’s services. 

Other Areas of Divorce Our Law Firm Handles 

Not all areas of the law are involved in every divorce, and every divorce case is unique. In addition to the above-listed practice areas, the family law attorneys of Cosner Law Group also represent clients in the following matters: 

  • High Net Worth Divorces 
  • Legal Separation from Civil Unions 
  • Out-of-State Divorce 
  • Mediation
  • Spousal Support or Alimony
  • Prenuptial and postnuptial agreements 
  • Paternity matters 
  • Child Support Enforcement 
  • Modifications 

If you are uncertain whether you require a divorce lawyer’s services, call our East Brunswick law office. 

Frequently Asked Questions about Divorce in New Jersey

The following are some of the more common questions we receive from clients. 

If I do not have children in the marriage. Do I need a divorce lawyer? 

New Jersey does not require you to have an attorney for an uncontested divorce. There are, however, many reasons why having an attorney and hiring legal representation is in your best interest. Divorces that begin amicably can become adversarial. Additionally, even if the marriage is recent, you may have acquired a substantial amount of marital property. Divorce is a legal process and can be extremely confusing. For this reason, it is usually in your best interest to hire a family law attorney who handles the dissolution of marriage. 

How can I get full custody of my children?

 In most cases, the courts will not award sole physical custody to either parent if the other parent is fit and involved in their lives. There are cases where it is beneficial for the children to spend more time in one parent’s homes. In these instances, the court may award sole physical custody. 

How does NJ enforce child support payments? 

New Jersey enforces child support through the Probation Division. An attorney can file through the courts. East Brunswick Divorce Lawyers The divorce attorneys of Cosner Law Group have the experience and legal knowledge to represent you through even the most challenging divorce. Call today to schedule your free initial consultation.