Tag: Grounds for Divorce in Ocean NJ
Misconceptions about the Divorce Process Ocean and Monmouth County NJ
Providing support and counsel to those considering divorce in Sea Girt, Brick, Wall, Seaside Heights, Toms River, and across the Jersey Shore
Getting a divorce in New Jersey, or any state is not exactly a straightforward process for most couples. Having a skilled and experienced team of family law attorneys is essential for a swift and just divorce proceeding that ensures you receive your fair share in the split, both because of the many nuances to New Jersey divorce law, as well as the delicate dance that a separating couple must do in navigating the division of assets and decisions surrounding important and sensitive matters such as child custody.
Another reason it’s important to have a skilled divorce attorney is that they can help you determine truth from falsehood when it comes to New Jersey divorce law, filing for divorce, and navigating the proceedings. There are many misconceptions about divorce that the collective takes to be true when in reality they couldn’t be further from it. Read on to learn more about some common misconceptions regarding New Jersey divorce, and seek the guidance of our skilled and experienced team of family law attorneys to ensure that your rights and best interests are honored and reflected in your divorce agreement.
True or False? One must remain in the marital home if they wish to have rights to it as an asset.
Contrary to popular belief, one does not forfeit rights to a marital home if one leaves the house and marriage before or during the divorce proceedings. ‘Abandonment’ can be claimed as a reason to file for fault divorce. However, when someone leaves the marriage, they are not leaving their financial right to the marital assets, of which the marital home is one.
True or False? Only those who have been married for 10 years are eligible to receive alimony.
The granting of alimony rests on a number of determining factors, none of which are the number of years that a couple has been married. Factors that determine a spouse receiving alimony include whether the person gave up working to tend to a family, therefore placing themselves out of the job market; whether they financially supported their spouse in receiving professional or educational training during the marriage; whether the spouse is able to sustain the standard of living they had prior to the divorce, et cetera. These considerations will be made by a judge to determine the amount of alimony a spouse is required to pay, and for how long.
Similarly, there is no guarantee that a spouse will receive alimony because they have been married for more than ten years. Again, the length of the marriage is not a determining factor in the granting of alimony. While it is more likely that a spouse will receive alimony if they have been in a marriage for a long time because it is more likely that one of the determining factors will have been met in this case, this is not guaranteed.
The only exception to this rule is ‘durational alimony,’ which was set in place with the passage of the New Jersey Alimony Reform Act of 2014. Under the Act, a person can be granted alimony for the number of years that a couple was married, if the marriage lasted fewer than 20 years, and there are addendums that can be placed by which this alimony can be lifted if circumstances change. As such, there is no such thing as permanent alimony, another common misconception regarding New Jersey divorce law.
True or False? There is a legally-binding 18-month separation period for divorce in New Jersey
While the traditional 18-month separation is a relative equivalent of a ‘no-fault’ divorce, it is not the only legal way out of a marriage. The 18-month separation period in which the exes do not live together for 18 months leads to a legal divorce with no cause of fault determined.
On the other hand, if there is fault listed as a cause for divorce – such as adultery, abandonment, substance addiction, domestic violence, etc – there is no time requirement for the filing, and the spouse can seek to exit the marriage immediately.
The State of New Jersey has recently recognized ‘irreconcilable differences’ as legally sound grounds for divorce that do not require the 18-month no-fault waiting period. Instead, a filing for divorce for irreconcilable differences requires a 6-month period, or otherwise put, proof that for at least six months, irreconcilable differences led to the filing for divorce.
In order to ensure that you receive your fair share of the marital assets and custody arrangements in a divorce, have a skilled member of our team working on your behalf.
Contact a Divorce Attorney for clear and accurate legal advice at our Brick or Sea Girt NJ Offices
If you are navigating a divorce and are swimming through the sea of misinformation, make sure you schedule a consultation with our highly qualified family law attorneys to help orient you to clarity regarding your options and next steps.
We support clients in Sea Girt, Brick, Wall, Seaside Heights, Toms River, and across the Jersey Shore. Whether you are part of a fault- or no-fault divorce and have children or not, we can support you in this important transition.
What to do if I suspect my spouse is cheating on me?
Read on to learn more about infidelity in marriage and how it can affect your divorce.
The vast majority of couples enter into a relationship expecting their partners to be faithful throughout their course. However, it is often the case that infidelity is experienced or even becomes a pattern in marriage. According to a 2014 study by the American Psychological Association, the cause of nearly two of every five divorces is that one partner has been unfaithful. What are the ways that a partner can tell that their spouse is cheating, and how does that infidelity affect the divorce proceedings, if at all?
How can you tell if your spouse is cheating?
Infidelity in a marital relationship can be difficult to pin down because, of course, the spouse has a vested interest in the relationship, not coming out. However, there are ways to determine whether your partner has cheated and whether it is a pattern that encourages you to file for divorce.
Some ways to tell if your spouse is cheating are
- secrecy in regards to their phone or computer, such as hiding the phone and not allowing a partner to view the screen or hand them the phone when a message comes in;
- not being present at routine times or disappearing for multiple hours or days at a time;
- a change in habits, particularly those that include taking better care of the physical appearance or strength;
- resistance to sexual intimacy or affection;
- overexpressions of affection, including gifts for no apparent reason
- overreaction at questions of cheating
How is cheating in divorce handled in New Jersey?
New Jersey law determines that when a divorce is filed, the cause is simply ‘fault’ or ‘no-fault.’ This means that there is no specificity required when noting the reason for divorce. ‘Irreconcilable differences’ can be stated as the reason for a no-fault divorce. No further questions will be asked by the judge in the New Jersey Superior Court: Family Part.
However, if you wish to undergo a no-fault divorce, you must live separately – be separated – for 18 months with documentation of irreconcilable differences and reconciliation attempts before the court will honor the divorce filing.
In a ‘fault’ divorce hearing, the plaintiff would need to prove with ample evidence that the culpable partner was at fault, providing grounds for divorce, as would be the case if the partner cheated. While this would expedite the divorce filing process, the family law attorney would need to make a strong case for a partner’s fault in causing a divorce-initiating circumstance. As noted, yes, this process would result in a more rapid process of initiating the divorce procedure; however, the financial and emotional toll it could take on the plaintiff invites consideration of whether that is the most aligned option for the cheating victim to take. Given that an extensive dive into the behavior would be required and additional documentation supports such as a private investigator or extensive interviews may be necessary, the appropriate inquiry is: is this something you are financially and emotionally prepared to engage?
A fault filing for divorce is issued with the Superior Court: Family Part by submitting a Complaint for Divorce. This creates the possibility that any alimony or distribution of assets could reflect that one spouse cheated.
During the stage at which the partner who has been the victim of infidelity submits a Complaint for Divorce with the Superior Court: Family Part, it is imperative to support a skilled and experienced family law attorney. This is because the context provided for the Complaint, including timelines, evidence, and additional documentation, plays a major part in the divorce proceeding trajectory. The accused partner may contest the Complaint for Divorce and allegations of infidelity. In the proceedings that follow, a skilled divorce attorney will ensure that you receive the highest financial compensation for your emotional duress and the breaking of your legally binding contract that is a marriage. The fault created by infidelity can affect alimony, child support, and several additional means of financial compensation for the adultery; ensure that you have the expertise of a skilled family law attorney on your side.
Wall Township Divorce Attorney Will Help You and Through Though Times
At Bronzino Law Firm, our team of family law attorneys is skilled in supporting our clients across Point Pleasant, Brick, Wall, Sea Girt, Spring Lake, and the greater Ocean and Monmouth County Areas in all proceedings leading up to and involved in a divorce, whether for reasons of fault or no-fault.
To schedule a confidential consultation with a family law attorney today regarding your suspicions of infidelity or other divorce issues, please fill out the online form or call us at (732) 812-3102 to learn more about your legal options.
Starting the Divorce Process Attorneys Monmouth and Ocean County NJ
Wanting a divorce and being ready for a divorce are two very different things.
Your marriage is in question and you are facing a real dilemma. You may be the one who is deciding you should stay or go, or you may have been surprised by an announcement by your spouse that the marriage is over. Of course, some couples make a mutual decision to divorce.
One of the most crucial decisions you need to make before filing for divorce is to choose your attorney. You need to know that they are experienced and able to answer all of your questions. You want someone who is intelligent and strategic. You want a lawyer who will negotiate, mediate, and when necessary, argue your position to make sure the result is fair. At Bronzino Law Firm, we have the expertise to help you through this difficult time. Here are some things to consider when choosing your lawyer as you begin divorce.
Most couples who begin a divorce are unprepared and are often not even on the same page when they begin. It is this lack of preparedness that can cause a divorce to deteriorate into a competitive contest. The decision to obtain a divorce is one of the most crucial decisions a person can make with consequences that last for years or a lifetime. Once a couple is prepared and ready, they will sooner be able to begin their divorce by both being on the same page thusly eliminating most of the emotional and financial struggles that cause divorces to become adversarial and ruthless.
What Are the Divorce Requirements in New Jersey?
There are a couple of preliminary requirements you will have to meet before you can get divorced in New Jersey. Keep these in mind before you get started. The most common is that one of the spouses must have lived in New Jersey for at least one year before the first divorce papers are filed with the court, except if the divorce is based on adultery.
Second, you must have a reason or “grounds” (legal cause) for the divorce. Most people will select “irreconcilable differences,” which means that for the last six months you and your spouse have experienced a breakdown in your relationship, and the marriage cannot be saved. This is considered a no-fault divorce because the spouse filing for divorce isn’t accusing the other of anything such as infidelity or abuse. Another no-fault ground for divorce is when the couple has lived apart in different residences for at least 18 consecutive months, and there is no possibility of them reconciling.
A spouse also has the option of basing the divorce on “fault” grounds. These include adultery, extreme cruelty, desertion, voluntarily induced narcotic addiction or habitual drunkenness, institutionalization for mental illness, deviant sexual conduct, and imprisonment.
Typically, there isn’t much—if anything—to be gained by filing for divorce on fault-based grounds. And the use of those grounds would likely antagonize the other spouse and prolong the divorce process. To discuss this with an attorney before deciding which route to take.
How long does it take to get a divorce in New Jersey?
The most likely answer is, from the date of the filing of a complaint for divorce, to the time that you get your final judgment of divorce, we are talking a year. Many people panic when they hear that particular time frame because they think that it is just too long. But the short answer is, if you and your spouse are willing to make decisions quickly and concisely, it can take as little as three months. But the reality is that if you do have complex issues that need to be addressed such as business valuations that need to be addressed, alimony, or disagreements about child custody as far as parenting time and visitation and such then certainly that expands the overall lifetime of a particular case, and it could, in fact, exceed a year.
Every family is different, the duration of time required to finalize a divorce settlement will vary on a case-by-case basis. However, there are a few guidelines established by the State of New Jersey that will directly affect the timeline of your divorce.
1. Residency Requirements
In the State of New Jersey, at least one spouse must be a NJ resident for a minimum of one year before filing for divorce. In cases of adultery, the residency requirement is waived if one spouse currently resides in the state.
2. Separation Requirements
New Jersey residents must be voluntarily separated without interruption for 18 months, with no opportunity for reconciliation before filing for a “no-fault” divorce. It is important to highlight that the 18-month separation is rarely used these days. It has largely been replaced by filing on the grounds of “irreconcilable differences,” which has a much shorter waiting period of six months.“.
3. Crime Convictions
In the State of New Jersey, an individual can file for divorce if his/her spouse was convicted of a crime requiring at least 18 months of served time. The couple must not resume cohabitation following the spouse’s imprisonment.
4. Other Requirements
Some states may require marriage counseling, mediation, or a parent education class on divorce’s effects on children before allowing a couple to file for divorce. The State of New Jersey requires a parent education class, which may be waived if both parties have agreed to a Parenting Plan or settled all issues of the divorce (in writing) before they are scheduled to attend the class.
New Jersey does not require marriage counseling, but it does require mediation. This process usually occurs after filing the Divorce Complaint, but before the early settlement panel (a mandatory court appearance following the discovery stage).
In addition to legal requirements, other factors may affect the time required to finalize a divorce settlement, such as:
- How long it takes to have your spouse served with divorce papers
- The extent to which your case is contested
- The court’s docket backlog
In addition to the above considerations, topics such as child custody, alimony, visitation, child support, and equitable distribution of assets require serious consideration and mediation in order to process your divorce as expeditiously as possible. Our legal team specializes in family law and is ready to help you make the best decisions for you and your family.
Wall Township Divorce Lawyer Helps You Understand the Divorce Process and what you should be aware of
At Bronzino Law Firm, our attorneys serve clients across Point Pleasant, Brick, Wall, Sea Girt, Spring Lake, and the greater Ocean and Monmouth County Areas in all family law matters.
Adultery as Grounds for Divorce Attorney Ocean and Monmouth County NJ
Serving Clients in towns including Toms River, Wall, Asbury Park, Point Pleasant, Brick, and across the Jersey Shore
Fault Based or No-Fault Based Divorce
New Jersey still does have fault-base grounds for divorce, such as adultery. But most of the time, not all, but most of the time, it really won´t make too much of a difference in your divorce case. That´s why you should consult with a divorce attorney about whether or not you should proceed in terms of a fault-base divorce or no-fault base divorce here in New Jersey.
Requirements When You File for Divorce Under Ground of Adultery
When you file for adultery you actually have to list out where the adultery took place, the date and time of the adultery, and you have to name the person your spouse committed adultery within your divorce complaint and then serve them with a copy of it. This is called a notice of co-respondent. While you can still file for divorce based on the fault ground of adultery. Most of the time that’s not going to have a very big impact on a case. Unfortunately, whether or not your spouse cheated on you generally doesn’t impact equitable distribution or even alimony.
Contact a Monmouth County Family Law Attorney to properly File Your Case Today
Peter Bronzino has extensive experience dealing with both no-fault and fault divorces filed in the State of New York in towns across towns including Toms River, Wall, Asbury Park, Point Pleasant, and Brick, NJ
To get in touch with our firm today in a free and confidential consultation regarding your divorce scenario, please contact us online, or through either our Brick, NJ office or our Sea Girt, NJ office at (732) 812-3102.
Ocean County Divorce and Social Media Attorneys
Your divorce is final. The divorce settlement is agreed upon and custody with visitation is all set. You are determined to get on with life and make it all work for the best, including forging a new social life for yourself. After all, it’s not like you should spend your free time sitting at home alone, right?
The Bronzino Law Firm 732-812-3102 with clients across and surrounding Ocean and Monmouth Counties has extensive experience in providing dynamic, client-focused representation in family law matters, municipal court summons, real-estate ventures, and Wills, Trusts & Estates. We understand that each client is different and we listen to your concerns. We believe in providing straight forward responses to shield your interests at every turn –including the social media stage.
Jackson Post-divorce Attorneys Aid In Moving Forward
Post-divorce is the time for adjustments and new adventures. You may discover that after divorce you now have the time to “green light” and go forward with some of those things that you’ve always wanted to do, but haven’t ever gotten around to doing. You can take up a sport, learn a language or how to play an instrument, join a gym or club, adopt a pet or express yourself in art or photography. There are lots of options with the excellent bonuses of doing something worthwhile and fun, while also meeting new people with similar interests.
Lawyers in Sea Girt Say Be Smart With Social Media
As with most things, though, there are some “yellow lights” of caution, but mostly “red lights” of things to avoid altogether. There are a range of reasons for social media caution.
A big one is the ease of misinterpretation leading to legal reevaluation of the divorce or custody settlements –the ones that you think are all set. Another is the direct affect social media can have on your kids. Your attorneys can help you understand the pitfalls of some life change decisions you may be tempted to make.
“Be Careful” and Use Discretion with Social Media
You’ve probably heard or read that that you need to be careful with social media and dating during and after divorce. The messages you text, the photos and videos you share or post on social media platforms such as Facebook, Instagram, Twitter, WhatsApp, Messenger and Snapchat can provoke your ex and the court to take another look at the divorce decisions. In particular, these social media posts have the potential to upset (at best) or completely discompose (at worst) the divorce decisions around alimony, child support, custody and visitation arrangements and even some other asset divisions; all of which you presumed were final.
Temper new life style changes with self-control
During divorce, your posts could raise questions about your true financial resources or marriage fidelity and an accusation of adultery. After divorce, posting about expensive purchases or starting a big remodeling or home decoration project could be interpreted to indicate that you have lots of money and perhaps could afford to pay more in alimony or child support.
Posts around extravagant partying or social activities and new friends could lead a judge to reconsider the child custody and visitation arrangements. Remember, the court’s first priority is the “children’s best interests.” Therefore, the immediate question a judge will promptly reevaluate is how much your social life is imposing on your quality parenting time and child-related financial responsibilities.
Savvy Points For Social Media Caution for Brick Divorcees
1. Don’t boast or display your life style or expensive purchases. Doing so could imply that your income might be higher than you reported. This situation can affect alimony for either spouse. If you are the paying spouse, the court might decide that you could afford to be paying more. If you are the recipient spouse flashy displays could hurt your chances of obtaining more spousal or child support, or be grounds to modify (reduce) your support. Either way, it may also suggest that you weren’t completely honest about your financial disclosures during the divorce.
2. Don’t let allow yourself to be tagged or included in “check ins” in other people’s posts. Even if you aren’t in a photo, being tagged or included in the check-in at a nice restaurant, club or bar can expose you. Your ex could propose that these are evidence demonstrating your lack of fitness for parenting. It is important to make sure your friends understand how this seemingly innocent way of creating connection can actually be harmful to you.
3. Don’t post pictures of yourself partying, overly seductive or drinking. It might seem totally natural and guiltless to you, but the interpretation could be disastrous, this is especially relevant if you are engaged in a child custody dispute. Avoid showing your social life with photographs of you consuming alcohol, being flirtatious or other social activities.
4. Don’t spy on your ex through social media. Regardless of your intent, spying can open you up to being accused of stalking and be interpreted as an inability to adapt to divorce. This could negatively affect your child custody dispute.
5. Don’t go low; resist writing mean posts about your ex. One way or another, he/she will eventually find out and the consequences for you aren’t worth the repercussions. Mudslinging is dirty business and tends to reflect worse on the person doing the slinging. It could become a legal boomerang.
6. Don’t post images of your new partner or suggestive texts. Out of consideration for your kids (especially teenagers) and for yourself, keep your private life private. Tell your new partner to keep things private, too.
Beyond the legal repercussions of interpreting social medial communications, there is the important consideration of how these lively posts can affect your kids. You might be surprised to discover that instead of feeling proud or accepting, they feel uncomfortable or embarrassed. As you rebuild your social and home life, including dating and making new friends or relationships, you can also stay strong in your life-long role as a model for your kids. They need to be reassured that you are reliable and can be counted on as they adjust to their new lives.
Some of the effects of divorce can can continue into your post-divorce life. Circumstances around alimony, child custody and the relevance of new relationships can raise questions about your future, your rights, and your responsibilities. With a skilled and experienced divorce attorney on your side, you can make informed, confident decisions that best serve your interests.
Contact us at the Monmouth and Ocean County law offices of Bronzino Law Firm LLC today
We will help you understand all available options. One of our Brick, New Jersey divorce attorneys will answer your questions and provide you with a cost-free initial consultation. 732-812-3102
Individuals and families going through a divorce can experience a litany of difficulties such as mental health issues, physical health issues, and problems with addiction and substance abuse. It is important to understand that help is available from government resources, independent organizations, friends, and family. If you or a loved one has been struggling with alcohol or drug dependence during or after a divorce, please do not wait to seek help. Substance abuse and divorce can lead to negative consequences .when it comes to child custody, alimony, child visitation, and much more.
The divorce attorneys of The Bronzino Law Firm are here to help. Please call our Sea Girt or Brick, NJ offices today by dialing (732) 812-3102 to discuss the details of your divorce or other family law matter in a free and confidential consultation.
Substance Abuse as Grounds for Divorce in Ocean, NJ
Our Ocean, NJ divorce attorneys understand that the grounds for divorce can have a material impact on divorce proceedings and your eventual settlement agreement. With this in mind, a grounds for divorce based on substance abuse and/or addiction can cast a negative light on the divorce defendant. Pursuant to New Jersey Revised Statutes Section 2A:34-2 Causes for Divorce from Bond of Matrimony, fault divorce may be granted on the basis of:
“Voluntarily induced addiction or habituation to any narcotic drug as defined in the New Jersey Controlled Dangerous Substances Act, P.L.1970, c.226 or habitual drunkenness for a period of 12 or more consecutive months subsequent to marriage and next preceding the filing of the complaint”.
Manasquan Divorce Attorneys Discuss Substance Abuse and Divorce
At times of heightened stress, there is generally and increased risk that individuals will turn to drugs and alcohol for “self-medication”. Therefore, when our Manasquan divorce attorneys consider the connection between addiction and divorce, we believe that there are two primary issues:
Substance abuse which leads to divorce – addiction to narcotics or alcohol is a legal grounds for fault divorce in New Jersey as discussed in the previous section. However, the point of contention is whether or not the offending spouse was addicted to narcotics both voluntarily and habitually.
Substance abuse which arises during or after the divorce process – another common problem is when spouses and family members have issues with abusing drugs or alcohol to cope with the issues of divorce. Self-medication may be tempting, but studies have shown time and time again that the long term damage is never worth the potential temporary relief (and in most cases, there is no relief at all).
Drug and Alcohol Addiction Resources: Neptune, NJ Divorce Lawyers
If you or a loved one are actively experiencing issues with addiction, you do not need to fight this battle alone. Substance abuse can have a devastating impact on the lives of the individual and their family if not successfully treated. The state of New Jersey and some private institutions provide useful services for the local communities, including:
- New Jersey Department of Health Searchable Directory for Addiction Services
- New Jersey’s Addiction Helpline
- New Jersey Counseling and Addiction Services
- NJ.com Article on local Addiction Services
Experiencing Issues During or after Divorce? Contact our Divorce Attorneys with Offices in Wall and Sea Girt Today
Divorce attorney Peter J. Bronzino has extensive experience working with clients and families across Ocean and Monmouth County communities such as Asbury Park, Spring Lake, Sea Girt, Brick, Neptune, Toms River, Jackson, and all of Central New Jersey. We are proud to offer legal services which deal not only with the nuts and bolts of divorce, but also concerning the more personal issues which often result from a difficult and emotional time. Our smaller firm size allows our divorce team to provide highly personalized solutions all while charging reasonable and highly competitive rates.