Protecting Your Interests In The Divorce Process
Divorce is a word that has negative connotations. For many, it conjures up images of sadness, anger and perhaps even failure. In reality, however, divorce allows a couple to effectively end a relationship that is no longer working with the guidance of a lawyer. Divorce allows a couple to carefully unweave their lives and start moving forward toward a better place.
At the Law Offices of Michael H. Schreiber, L.L.C., we know that this may be a difficult time for you, but we will be by your side every step of the way to help you get through it.
With over 42 years of legal experience, attorney Michael H. Schreiber has the tools and resources to help you effectively resolve your divorce in a way that is fair to everyone involved, including your children. Call 609-926-7700 to arrange a confidential consultation. We offer legal guidance to individuals in Atlantic City and across South Jersey.
Honest Guidance For An Effective Divorce
It is easy to form ideas about what divorce is like. With news of celebrity divorces constantly splashed across magazine covers and television screens, divorce can seem like a battle to be won. Unfortunately, this is not an accurate portrayal of the vast majority of divorces.
Instead, most divorces are settled out of court through mediation and negotiations, which allows a couple to set the terms of their divorce. At our law firm, we will make sure you understand the reality of your situation. We will give you our honest guidance about your options and their likely outcomes, so there are no surprises along the way. We can walk you through all aspects of divorce, including:
- Equitable distribution (property division), including retirement accounts, pensions and the family home
- Spousal support
- Child custody
- Child support
- Domestic violence and restraining orders
Establishing A Fair Spousal Support Agreement
Spousal support, also referred to as alimony, is an important factor in many divorces. Whether you expect to pay it or receive it, we will help ensure that you get a fair deal. By carefully reviewing your situation – including the incomes of you and your spouse, your contributions to the marriage and other factors – we will help you understand your realistic options, so you know what to expect.
Frequently Asked Questions About Divorce In New Jersey
Our Atlantic City divorce attorney answers common questions about ending marriages and protecting your interests throughout South Jersey, such as:
What are the grounds for divorce in New Jersey?
New Jersey recognizes both fault-based and no-fault grounds for divorce. The most commonly used ground is irreconcilable differences, a no-fault option requiring couples to demonstrate that their marriage has broken down for at least six months with no reasonable prospect of reconciliation.
Fault-based grounds include adultery, desertion for at least 12 consecutive months, extreme cruelty including physical or mental abuse, addiction to drugs or alcohol for at least 12 months, institutionalization for mental illness for at least 24 months and imprisonment for at least 18 months. While fault grounds remain available, most couples choose no-fault divorce to avoid the time, expense and emotional toll of proving marital misconduct in court.
What factors are considered when determining spousal support in New Jersey?
New Jersey courts examine numerous factors when calculating spousal support obligations. Judges consider the actual need and ability to pay, duration of the marriage, age, and physical and emotional health of both parties; standard of living established during the marriage; earning capacities and educational levels of each spouse; parental responsibilities for children and contributions each spouse made to the marriage, including homemaking and child-rearing.
Courts also evaluate income available through investments and other assets, tax consequences of support payments and any other factors the court deems relevant to achieving fairness. Support amounts and duration vary significantly based on these factors.
Do I need a lawyer to get divorced in New Jersey?
While New Jersey law does not require legal representation for divorce, hiring an attorney protects your interests and prevents costly mistakes. Divorce involves complex legal issues, including property division, support calculations and custody arrangements that have long-term financial and personal consequences.
Attorneys understand how to value marital assets, identify hidden income, negotiate favorable settlements and present compelling cases when court intervention becomes necessary. Self-represented individuals often accept inadequate settlements or make procedural errors that jeopardize their rights.
How long does the divorce process typically take in New Jersey?
Uncontested divorces where spouses agree on all terms can be finalized within several months of filing. Contested divorces involving disputes over property, support or custody take substantially longer, often requiring 12 to 18 months or more, depending on court schedules, discovery needs and negotiation complexity.
Ready To Work Hard For You
We are dedicated to finding the right approach to your divorce. To get started, call our office or send us an email. We speak Spanish for your convenience.