The decision to end a marriage is never easy. Even in situations where the split is a mutual, amicable decision, there are a number of issues that present themselves. – such as the division of property, child custody, and child support. That’s when you need a Florham Park divorce attorney from Nitti & Nitti who can help you think objectively and make the right decisions to protect your interests.
Are you at the end of your marriage and looking for a Florham Park divorce attorney? We can help you. Give us a call at (973) 226-4141 to schedule a free consultation with an experienced divorce attorney.
Once a divorce is inevitable, only one spouse has to file a divorce complaint to a New Jersey court. The person filing for the divorce is the plaintiff and the other spouse becomes the defendant. For a divorce, there is no real difference between the plaintiff and the defendant. In order to file for divorce in New Jersey, the spouse filing must choose the grounds for their divorce. Grounds can be no-fault, such as the commonly used, “Irreconcilable Differences,” grounds or they can be fault-based. Examples of fault-based grounds include:
After the plaintiff files, the defendant party must respond within 35 days in order to have the court consider their side of any disputes in asset separation or child custody.
Whether you are the plaintiff in a divorce or the defendant you’ll need a skilled family lawyer like those at Florham Park to represent you during the process of filing a case information statement, negotiating a settlement first in an Early Settlement Panel, and then in mediation when necessary, and/or going to court.
When a couple decides to end their marriage, there are some common issues that must be settled as they close out the family unit as it was. Some of the most common issues that arise are:
Division of Property – the parties must divide marital property, which includes assets such as the family home, and liabilities such as credit card debts used to cover marital expenses such as the upkeep of the home.
Alimony – if one of the parties is at a financial disadvantage for any reason, they may seek financial support from the other party in order to regain their financial independence or maintain the same quality of life that they had in the marriage.
Child Custody and Support – when there are minor children from the relationship, the parties must agree as to the physical and legal custody of the children. They also must agree on how the financial needs of any children will be provided for.
If the parties are unable to settle these issues on their own, then they will either seek the intervention of a mediator or go through the courts to get a court-ordered settlement of the issues.
There is no New Jersey law that requires that you use the services of an attorney in a divorce proceeding. However, you put yourself at a disadvantage if you try to do it yourself. An experienced divorce attorney understands the complicated issues in divorce cases and has access to experts who can provide evidence to protect your interests in the proceedings.
Matters such as alimony and division of property often require complex financial analysis, which you may not be able to efficiently present to the court. An experienced divorce attorney has the resources to investigate, reveal, and present such information so that it is convincing and compelling to the court. Apart from access to resources, a divorce attorney is also familiar with the rules and procedures of the court and will ensure that you get a fair chance at diligently presenting your side of the story to the court.
If both parties can’t agree on terms for the separation of their assets, child custody, child support, or spousal support during the early settlement phase with their attorneys, the next step is to attempt to reach an acceptable agreement through a professional mediator. While a couple can use mediation at any time including before, during, and after their divorce proceedings to settle financial and custody disputes, using mediation to reach an agreement before, or instead of, going to court streamlines and simplifies the process. Litigating in court isn’t necessary once a couple agrees on terms. Mediators in New Jersey can also file settled divorce agreements so many couples need never see a courtroom to finalize their divorce. This is also the most cost-efficient way to manage a divorce.
A professional mediator provides a neutral, experienced viewpoint and can steer a couple through the legalities to help them peacefully come to agreeable terms. They are skilled and knowledgeable experts who can explain the likely outcome of a couple’s disputes if the case were to go to court which often encourages spouses to settle their differences in mediation without costly and time-consuming court litigation.
During mediation, a couple attempts to legally agree on all of the key issues of separating one household into two, including:
The goal of mediation is to settle these issues amicably, efficiently, and safely, with the guidance of a professional before going to court — and many times instead of going to court. A final simple dissolution hearing with a settled agreement is the fastest and most cost-efficient way to dissolve the marriage with the least amount of tension and stress so both parties can recover and start independent lives.
If you need a Florham Park divorce attorney, call Nitti & Nitti at (973) 226-4141 or click here to schedule a free consultation.
At our firm, we understand that your time and money are precious and that your legal needs are unique. When you call Nitti & Nitti, P.C., you will speak directly with an attorney and enjoy the attention of a small firm that possesses the resources of a big firm.
