Tag: visitation

Starting the Divorce Process Attorneys Monmouth and Ocean County NJ

Wanting a divorce and being ready for a divorce are two very different things.

Experienced Divorce Attorneys Proving Advice From A to Z in Monmouth and Ocean County NJYour 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.

What Are the Divorce Requirements in New Jersey?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

How long does it take to get a divorce in New Jersey?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.

To schedule a consultation with a member of our experienced team regarding your case, please fill out the online form or call us at  (732) 812-3102 to learn more about your legal options.

Discuss Child Custody-Related Challenges with a Brick and Sea Girt Family Lawyer

Bronzino Law Firm educates and guides parents through child custody matters that can become some of the most contentious issues addressed in Ocean and Monmouth County NJ family court

Discuss Child Custody Challenges with a Brick and Sea Girt Family Lawyer Child custody battles often leave scars that may take years to heal if ever. Despite this custody battles are sometimes unavoidable in situations where you expose a safety risk to your kids, if your ex is obstructing your visitation time or if co-parenting is next to impossible. Through mediation and other forms of low conflict resolution is preferred whenever possible, in many cases going before a judge maybe your best option for safeguarding your relationship with your child, and in some cases, the very safety of your child.

Whether you are the initiate or respondent to litigation it is important to know what you’re fighting for. It is critical to enter court with compelling evidence and clear goals. For example, if your ex has been denying you access to and visitation with your child you will need to provide the court with evidence that shows the parenting time that was purposefully blocked or interfered with.

Define your Goals and Remain Focused on the Children

Moreover, your goals entering any proceeding must be clear. Are you seeking sole or primary custody and if not how much parenting time does you feel you will need to be able to meet not only your child’s but your emotional needs. You should be able to back this information up with an unambiguous statement to the judge that you’re there because you want your current parenting time plan to be enforced or that you need changes to be made.  It is critical to stay focused on your main points and not wander into other issues that may not be relevant.

Expect the Worst from Opposing Counsel and Document any Poor Parental Behavior

Given the raw emotion involved in child custody cases, you should expect that things could get ugly. Depending on the nature of your battle, you may need to face assertions from opposing counsel that are at best unflattering to you and your parenting, and at worst, completely untrue. Despite this, you must stay calm and work with your attorney to provide evidence to refute any invalid claims. On the other hand, you will have to truthfully document all your ex’s parental shortcomings to bolster your claims and your case overall. An experienced attorney can help you prepare your statements so that they are pertinent and impactful.

Tips for Navigating Child Custody Cases in Monmouth and Ocean County NJ

Child custody hearings are seldom easy. However, there are several steps you can take to be prepared and to make the process go far more smoothly and in your favor. These include:

Being organized…

  • will help you feel more in control. If you are not a naturally organized person this may sometimes be difficult but it is always helpful. Putting all documents in a notebook or file folder that you keep in a designated space will give you the peace of mind of knowing that when and if they are needed they will be available and at hand.

Compartmentalize…

  • your work on your child custody case from the rest of your life because living your custody battle 24/7 will cause you untold stress that can lead to both physical and psychological health problems. Being rested is incredibly helpful for keeping your thoughts clear and focused.

Tips for Navigating Child Custody Cases in Monmouth and Ocean County NJPracticing strategic communication…

  • can help to minimize drama and unnecessary conflict. Avoid face-to-face and phone contact as much a possible until your matter has concluded. In cases where your ex persists in writing or texting inflammatory messages or threats, Do Not Respond. In many cases, your former spouse or partner may know exactly what buttons to push in order to illicit a response. Do not take the bait. Simply print out messages and give them to your attorney. If communication is needed to be brief, informative and neutral in tone.

Practicing self-care…

  • is essential. Given that you cannot pour from an empty cup, your own health and mental well-being are critical. Don’t forget to stay up to date with medical and dental care as well as eat and sleep properly. It is recommended to shift your focus to other, positive activities whenever possible such as social engagements, hobbies, exercise, and meditation. If you feel embattled emotionally, see a therapist who specializes in high-conflict divorce.

Remember good preparation, a good mindset, and an experienced attorney are your best assets when dealing with any child custody issue.

Contact a Wall Township Child Custody Lawyer Today to Help Navigate the Challenges Ahead

If you or a loved one are going through a child custody dispute it is critical to have effective legal counsel and representation at the outset or as soon as possible. At Bronzino Law Firm, our team of attorneys is experienced in supporting and fiercely representing our clients in child custody proceedings in Toms River, Point Pleasant, Brick, Wall, Sea Girt, Spring Lake, and the greater Ocean and Monmouth County Areas.  No matter your situation you don’t have to confront it alone.

To connect with our firm today in a confidential and comprehensive assessment of your case, visit our online form or call us at  (732) 812-3102 to learn more about your options.