Divorce and Father's Rights

The prospect of divorce can be daunting. With so many life-changing decisions to be made and problems to be solved, it is crucial that you have a knowledgeable New Jersey father’s rights lawyer with experience in fighting for the rights of fathers working on your behalf. Your New Jersey father’s rights attorney from Aretsky Law Group, P.C., will be with you every step of the way—from the initial consultation to the final decree.

There are two basic types of divorce, uncontested and contested.

Uncontested Divorce
An uncontested divorce is usually more cost efficient and much less time consuming than a contested one. It is possible only if you and your spouse both want to divorce and if you can agree on the important issues to be resolved. It requires cooperation and communication between you and your spouse. If this is the path you choose, an Aretsky Law Group, P.C., father’s rights attorney will craft a document that meets your needs.

Contested Divorce
If you and your spouse disagree on important issues, then a contested divorce is necessary. Our dedicated father’s rights attorneys will strive for an amicable agreement between you and your spouse. However, our skilled litigators are ready to fight for your rights as a father and to go to court if necessary. We will do all that is necessary to see that your interests are protected in these or other matters affecting you and your child:

• legal custody of your child;
• physical custody of your child; and
• parenting time.

We will do all that is possible to obtain favorable outcomes when these and other important issues are resolved:

• spousal support, or alimony;
• child support; and
• equitable distribution of marital property and debts.

To file for divorce in New Jersey you must have lived in the state for twelve months or longer. There are limited exceptions to this requirement.

Another requirement is that you state a legal reason for asking for the divorce. This legal reason is known as a “ground.”

New Jersey is a no-fault state, which means that there are both fault and no-fault reasons that can be named as the ground for divorce.

No-Fault Grounds
There are two no-fault grounds for divorce: irreconcilable differences and separation.

If irreconcilable differences are submitted as the reason, then it must be shown that the couple has unsuccessfully tried to resolve those differences and that it was those differences that led to desire to dissolve the marriage.

Fault Grounds
Although claiming a no-fault ground makes the filing and acquisition of a divorce easier, there are times when it is appropriate to cite a fault ground. The following are grounds for divorce in New Jersey:

• adultery;
• physical abuse;
• mental cruelty;
• deviant sexual conduct; and
• desertion or abandonment.

Time requirements for filing vary according to the ground cited.

Issues such as equitable distribution of marital property, alimony, and child support are not affected by whether you choose a no-fault or a fault ground for divorce. Domestic violence grounds, however, can affect the Court’s decisions regarding child custody and parenting time.

No one knows your marital situation better than you, and you might be tempted to handle your divorce on your own. If you do, you run the risk of overlooking legalities that can adversely impact the resolution of important matters affecting you and your children. It is in your best interests to obtain the advice of a skilled New Jersey divorce attorney with experience in fighting for father’s rights.

At Aretsky Law Group, P.C., we understand that in New Jersey decisions regarding child custody and parenting must be “gender neutral” and we will work tirelessly to ensure that your rights are protected.

Call us at 800-537-4154 to schedule a free initial consultation. We are available to take your call 24/7.