Tag: The 3 Most Common Divorce Mistakes in NJ
Having handled divorces of all kinds across the Monmouth County and Ocean County area, our firm has seen it all. Ranging from amicable, easy-to-resolve divorces to divorces involving extremely complex financial matters related to the division of privately-owned businesses, homes, properties, and investment portfolios, the one thing that has remained consistent across these divorces is the mistakes we see being made by the divorcing parties.
In particular, there are three extremely common mistakes that divorcing individuals make which, at first glance, may not even seem like a mistake to them in the moment they are making them. In today’s article, we will discuss the three most common divorce mistakes we see during divorce in Monmouth County and Ocean County, the reason that they are, in fact, mistakes, and how to avoid making them during your divorce.
Wall, NJ Divorce Lawyer – “Asking Friends for Legal Advice”
One of the most serious mistakes we see being made during many divorces is one party or the other taking legal advice from a close friend or family member. Many times that friend or family member may have gone through a divorce themselves, and as such are in a position to give counsel and advice on a variety of aspects related to any divorce.
However, New Jersey matrimonial law is constantly changing, and every situation is different. A great example of this would be when it comes to alimony. New Jersey’s alimony laws changed significantly in 2015 with the Alimony Reform Act, and just because your friend was able to secure “permanent alimony” as a part of their divorce, you may no longer be able to thanks to the changes made to NJ alimony laws.
This is just one example of the ways our laws are constantly changing, and much the same can be said of laws regarding the divorce process, child custody, child support, and the division of assets. The bottom line is that it is a much more prudent decision to rely on your divorce attorney for legal advice, and rely on your friends and family for emotional support and guidance.
Asbury Park, NJ Divorce Attorney – “Responding to the Initial Divorce Complaint”
There are many different reasons for these individuals to not want to respond to the complaint, whether it be in hopes of salvaging the marriage or simply the desire to ignore a very serious and stressful issue, but the bottom line is that the matters being decided as part of any divorce in Monmouth County are way too critical and life-changing to not have your unique needs, interests, and concerns represented within your divorce settlement agreement.
If you have received a divorce complaint from your spouse, do not make the mistake of waiting too long to respond to the complaint, or worse yet ignoring the complaint entirely. Call an experienced Asbury Park divorce attorney, obtain knowledgeable and relevant legal advice, and then make an informed decision regarding whether or not to “contest” the divorce complaint.
Toms River, NJ No-Fault Divorce Lawyer – “Filing for the Right Kind of Divorce, in the Right Location, at the Right Times”
Finally, it is important to understand that there are several different types of divorce which can be filed for in New Jersey and that depending on your circumstances, the divorce will need to be filed for in a very specific location.
For example, a divorce can be filed for on a “fault basis”, meaning one spouse has committed actions which legally justify a divorce. Or, more commonly, a “no-fault” divorce can be filed for, meaning neither spouse is at fault, simply one spouse or the other believes irreconcilable differences exist within the marriage that this difference or differences should cause the marriage to end. These two types of divorce have specific requirements that need to be met, and if you begin the divorce process and it is later determined that you or your marriage do not meet these requirements, your divorce may be denied and you will have to begin the process over from the beginning. (Read our No-Fault Divorce versus Fault Divorce page for more information regarding these two types of divorce).
In addition, there are strict laws in place which determine in which town/courthouse your divorce should be filed for, and again here a misfiling can lead to your divorce being dismissed and having to begin the process anew. In New Jersey, a divorce must be filed in the county courthouse of the town where the reason for the divorce occurred. For example, if you are citing an “irreconcilable difference” in order to file for a no-fault divorce, you must file for the divorce in the county courthouse of the town where the irreconcilable difference began to become apparent in your marriage.
If any of your divorce paperwork is filed in the wrong location, or a specific deadline is missed as part of the divorce process, your divorce will most likely be denied by the courts, and you will have to begin the process again. This is just one of the many reasons that it is highly recommended that you consult with an experienced Toms River divorce lawyer before even filing for your divorce, as your attorney will be able to help you identify where your divorce should be filed, and help you file all of the necessary paperwork correctly, and on-time.
Contact an Ocean and Monmouth County Divorce Attorney Today
At the Bronzino Law Firm, we have extensive experience helping clients and families to successfully resolve their divorce in an effective and attentive manner in Ocean County and Monmouth County towns like Wall, Asbury Park, Neptune, Brick, Sea Girt, Spring Lake, Toms River, Point Pleasant, Brielle, Jackson, Manasquan, and more.
Attorney Peter J. Bronzino believes that by listening closely to his clients’ unique needs and concerns in any family law matter, and providing highly attentive and knowledgeable legal counsel, he can best achieve the kind of resolutions that meet those same needs and concerns.
To speak with Peter Bronzino and our legal team today in a free and confidential consultation regarding your divorce, any of its related issues such as child custody, child support, alimony, or the division of assets, or any kind of post-divorce modification or enforcement matter, please contact us online, or through either our Brick, NJ office or our Sea Girt, NJ office at (732) 812-3102.