Aretsky Law Group, P.C.: Experienced Attorneys for Middletown Divorce Cases
Call 1-800-537-4154 For Your Free Consultation. Meeting Location By Appointment Only.
The Middletown divorce attorneys with Aretsky Law Group, P.C. understand that the breakup of a marriage can be a sad and stressful time. The experienced divorce lawyers at Aretsky Law Group work hard for their clients to relieve them from as much stress as possible because getting divorced is not easy. Although the judicial act of dissolving a marriage is relatively straightforward, the consequences of a divorce can have long-lasting financial and emotional consequences. That is why you should turn to experienced, well-respected, and knowledgeable Middletown divorce attorneys for representation in your divorce case.
Dissolving a Marriage
Dissolving the matrimonial bonds begins with filing a complaint in the Monmouth County Superior Court. The court charges a $300 fee to file a complaint for divorce. You will, with the assistance of your attorney, serve the summons upon your spouse. Your spouse can respond within the specified time frame allowed to file an answer. Once the complaint is filed, the case is entered in the court and will proceed until the court calls the case in for trial or the parties reach an agreement and resolve their differences.
Grounds for Divorce
Most divorces filed are based upon irreconcilable differences. A divorce based on irreconcilable differences is also known as a “no-fault” divorce. To dissolve a marriage for irreconcilable differences, the judge must make a finding that the parties experienced irreconciable differences for six months before filing for divorce and that resolving their differences cannot happen as required by N.J.S.A. 2A:34-2.
Alternatively, a spouse can file against the other for divorce on “at-fault” grounds. These reasons include:
- Cruel and abusive treatment,
- Desertion, and
- Incarceration for longer than one year without resuming a married life upon release from prison.
The party filing the complaint for divorce bears the burden of proving the grounds for divorce.
Issues Related to Getting a Divorce
The most sensitive component of a divorce to resolve is not the actual dissolution of the marriage. If one spouse wants a divorce, the other spouse is powerless to stop it no matter how much he or she protests. Rather, issues such as property division, alimony, child custody, and child support may be vehemently contested.
According to New Jersey Statute 2A:34-23.1, a court must divide marital property equitably. Equitably, in this context, means “fairly” and not necessarily equally. A judge must consider the statutory factors when apportioning marital property. Some of those factors include the financial contribution each person made to the marriage and their financial situation. A judge can consider any factor that he or she deems relevant.
Marital property is any asset that was brought into and made a part of, the marriage. Marital property can be real estate, personal property, money, intangible assets such as copyrights, and the right to future payments or executory contracts such as pension and retirement plans. Pension and retirement plans require special consideration. A court may need to issue a “Qualified Domestic Relations Order” (QDRO) which is a court order that tells a pension plan participant or retirement plan administrator to divide the pension or fund between the divorced parties.
Alimony is spousal maintenance. New Jersey Statute 2A:34-23(b) establishes the foundational requirements for alimony. It is important to remember that alimony is not a punishment. It is payments to the former spouse so that the former spouse can live in a similar fashion to when he or she was married.
Child custody disputes can weigh heavily on a child and the parents as well. Divorcing parents must attend a court-ordered class that discusses the issues related to children and divorce. Parents should be aware that they must never use their children against the other parent. No matter how much you hurt. Your child’s life is not a game. Trying to turn them against the other parent could psychologically and emotionally scar the child.
To decide child custody, the judge must analyze the facts of your case in accordance with New Jersey Statute 9:2-4. This statute instructs the judge to apply the best interests of the child when determining a custody arrangement. The law permits a judge to order joint custody, sole custody with parenting time to the non-custodial parent or some other custody arrangement that promotes the child’s best interest.
The non-custodial parent must pay child support to the custodial parent or guardian. The amount the non-custodial parent will be ordered to pay depends upon numerous factors found in the New Jersey Child Support Guidelines. The guidelines create a presumption of a minimum payment. The presumption may be rebutted with evidence to show that the guidelines should not apply.
Middletown Divorce Lawyers by Your Side in Your Time of Need
Our Middletown divorce attorneys are skilled, knowledgeable, and well-respected divorce lawyers. We will listen carefully to your concerns and work diligently and passionately to achieve the goals you have in mind. Call 1-800-537-4154 to speak with a Middletown divorce attorney 24/7. Contact Aretsky Law Group, P.C. today to schedule your free consultation or case review.
*Monmouth County Meeting Location by Appointment Only