Divorce is one of the most (if not the most) personal legal matters a person will ever face. Unfortunately, roughly half of all marriages end this way, and if you find yourself preparing for one, the attorney you hire can make a significant difference. Here at The Law Office of Rachel S. Cotrino, LLC, we are dedicated to helping clients in Mercer County and throughout New Jersey facing divorce and all other family law matters. Contact an experienced Princeton divorce lawyer from our firm for an initial consultation today.
Divorce Lawyer Located in Princeton, New Jersey
If you’re facing a divorce or any other family law matter in New Jersey, a Princeton family lawyer from our firm is here to help. We handle cases involving the following:
- Divorce
- Property Division
- Alimony
- Child Custody
- Child Support
- Prenuptial Agreements
- Paternity
- Relocation
- Post-Divorce Modifications
- LGBT Family Law
- Divorce Mediation
- High Net Worth Divorce
- Family Law Enforcement
- Adoption
No-Fault Divorce in New Jersey
In New Jersey, you are not required to prove that your spouse did something wrong in order to get divorced. This is what is commonly referred to as a “no-fault” divorce, and it is, in most cases, the most straightforward way to proceed.
The most frequently cited no-fault ground is irreconcilable differences. Essentially, this means that your marriage has broken down for at least six months and that there is no reasonable chance that you and your spouse will reconcile. There is also another no-fault option, which is based on separation, though this requires that you and your spouse have lived apart for at least 18 consecutive months. That being said, New Jersey law still recognizes several fault-based grounds for divorce. These include:
- Adultery
- Extreme cruelty
- Desertion
- Addiction or habitual drunkenness
- Institutionalization due to mental illness
- Imprisonment
- Deviant sexual conduct
While these grounds are still available, they are not always necessary, and in many situations, they can make the process more complicated than it needs to be. Rather obviously, when accusations are involved, disputes tend to follow, and this can lead to longer proceedings and more conflict overall.
For this reason, many individuals choose to proceed on a no-fault basis. In doing so, the focus can remain on resolving the practical aspects of the divorce, such as dividing assets, determining support, and addressing custody arrangements, rather than attempting to prove wrongdoing. Of course, there are situations where fault may still be relevant, particularly if certain actions have had a financial impact or relate to parenting concerns, though these circumstances should be carefully evaluated before moving forward.
Contested Vs. Uncontested Divorce in NJ
There are two primary types of divorce in New Jersey: contested and uncontested. The distinction between the two is important, as it often affects how long your case will take and how involved the process may become.
An uncontested divorce means that you and your spouse are able to agree on all of the major terms of your divorce. This typically includes issues such as child custody, child support, alimony, and the division of marital property. When this happens, the agreement is usually put into writing and submitted to the court for approval.
A contested divorce, on the other hand, occurs when you and your spouse cannot agree on one or more of those issues. In these cases, the court may need to step in, and the process can involve multiple stages, including discovery, court conferences, and, in some cases, a trial. To put it more simply:
Uncontested Divorce:
- Both spouses agree on all key terms
- The process is generally quicker
- There is less need for court intervention
- Costs are typically lower
Contested Divorce:
- There is disagreement on one or more major issues
- The process may take significantly longer
- Court involvement is more substantial
- Litigation may be required
It is worth noting that even if your divorce begins as contested, that does not necessarily mean it will remain that way through the end. In many cases, spouses are able to resolve their differences through negotiation or mediation before a trial becomes necessary.
What Must Be Decided in a Divorce?
Before your divorce can be finalized in New Jersey, several important issues must be addressed. These decisions are not simply procedural, they will have a lasting impact on your finances, your family life, and your day-to-day responsibilities moving forward. Some of the most significant components that must be resolved are as follows:
- Division of marital property: New Jersey follows equitable distribution, which means that marital assets and debts are divided in a way that the court considers fair, though not necessarily equal. This can include homes, bank accounts, retirement assets, and other property acquired during the marriage.
- Alimony: Also known as spousal support, alimony is determined based on several factors, including the length of the marriage, each spouse’s income, and the standard of living established during the marriage.
- Child custody: Custody decisions involve both legal custody, which relates to decision-making authority, and physical custody, which determines where the child primarily resides.
- Parenting time: This outlines when each parent will spend time with the child and how responsibilities will be shared.
- Child support: Child support is calculated using New Jersey guidelines and is intended to ensure that both parents contribute to the financial well-being of their child.
- Additional financial responsibilities: This can include healthcare coverage, educational expenses, and extracurricular costs.
Can I Modify My Divorce Agreement?
In many cases, the answer is yes. Life circumstances can and often do change after a divorce, and New Jersey law allows for certain aspects of a divorce agreement to be modified when those changes are significant and ongoing.
However, it is not enough to simply request a modification. Generally, you must be able to demonstrate that there has been a substantial change in circumstances that justifies the request. Some common examples are as follows:
- A significant increase or decrease in income
- Job loss or a change in employment status
- A serious illness or disability
- Changes in a child’s needs, including medical or educational considerations
- Relocation of one parent
- Remarriage or cohabitation that affects financial arrangements
It is also important to understand that not every part of a divorce agreement can be modified. For example, property division is typically final once the divorce is complete, except in very limited circumstances.
If a modification is appropriate, the process generally involves filing a motion with the court and providing supporting documentation. As you might expect, these matters can become complicated, particularly if the other party disputes the request.
General Information About Divorce in Princeton, New Jersey
If you are filing for divorce in Princeton, your case will be handled through the Superior Court of New Jersey, specifically within the Family Division in Mercer County. Most divorce matters for Princeton residents are handled at the Mercer County courthouse, located at 175 South Broad Street in Trenton. This courthouse handles a wide range of family law matters, including divorce, child custody, child support, and related proceedings. In certain situations, filings or proceedings may also be associated with the Mercer County Civil Courthouse, depending on the nature of the case.
Contact a Divorce Lawyer in Princeton, New Jersey
If you are considering divorce or are already in the process, it is important to remember that the decisions made during this time can have long-term consequences. At The Law Office of Rachel S. Cotrino, LLC, we are committed to helping clients in Princeton and throughout New Jersey face any and all family law matters. Contact a skilled Princeton divorce lawyer from our firm for an initial consultation today.
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