Guiding You Through A Challenging Process
Even if divorce is the best solution for your future and the future of your family, you are still facing a challenging time both in terms of emotions and finances. A strong attorney can provide the guidance you need at every stage of the divorce process. Contact our Lumberton office today. We are prepared to help clients throughout New Jersey.
What Are Grounds For Divorce?
A divorce is a means of terminating a marriage. There are several grounds upon which a divorce can be obtained. They include:
- 18-month separation
- Irreconcilable differences
- Extreme mental or physical cruelty
- Constructive desertion
- Habitual drunkenness or drug habituation
- Institutionalization (for mental illness)
- Deviant sexual behavior
Note that a complaint for divorce can contain more than one ground, and each ground is set forth in a different count in the complaint. Many people choose irreconcilable differences because (1) the parties do not have to be separated for any length of time to qualify, and (2) the complainant does not have to accuse his/her spouse of any specific negative conduct.
What Are Grounds For Annulment?
An annulment is a declaration that a marriage is void. If an annulment is granted, it is as if the marriage never existed. There are several grounds upon which an annulment can be obtained. They include:
- One spouse was still married to someone else when the subject marriage took place.
- The parties are within the degrees of relatedness prohibited by law.
- Either or both of the parties did not have the capacity to marry as the result of a lack of understanding due to a mental condition, influence of intoxicants/drugs/or other similar agents; lack of mutual assent to the marital relationship; duress; fraud as to the essentials of the marriage; and there has been no subsequent ratification of the marriage.
- One spouse was under 18 when the marriage occurred, and that spouse does not confirm the marriage after reaching the age of 18.
- Under conditions permissible under the general equity jurisdiction of the Superior Court
The Challenges Of Custody And Parenting Time
Custody and parenting time issues can quickly become frustrating as parents often disagree about what is best for their children. Whether you are discussing notions of residential custody, legal custody, or parenting time, it is crucial to work with a skilled attorney. When you have questions regarding child custody and parenting time, contact our firm.
Child Support In New Jersey
Whether you are facing divorce or a child support hearing as an unmarried couple, the guidance of an experienced family law attorney can be beneficial. Look to our firm for legal insight, direction and representation for your unique child support matter.
The Equitable Distribution Of Property And Resolving Alimony Disputes
A divorce often involves the equitable distribution of property, which includes assets as well as debts. Equitable distribution does not necessarily mean that all property and debts are divided equally between the parties. The court takes many factors into account in determining equitable distribution of assets and debts. Each case is different and must be evaluated based upon the particular facts and circumstances involved.
Similarly, the court takes many factors into account in determining whether alimony and/or spousal support is appropriate. No specific formula is used to determine alimony and/or spousal support. Each case is fact-sensitive and must be evaluated based on the unique situation of the parties.
Adults who are charged with a quasi-criminal or criminal offense have their cases heard in municipal court or Superior Court-Criminal Division. However, children who are charged with the same offenses have their cases heard in front of a judge in Superior Court-Chancery Division-Family Part. If it is a first offense and/or of a minor nature, sometimes the matter is diverted from the judge to a hearing officer, juvenile case conference or a local panel and/or adjustment. It is important to determine the appropriate strategy to get the best result for the child based upon the facts of the case and the forum in which the matter will be heard.
Legal Protection From Domestic Violence
Domestic violence restraining orders are put in place to protect victims of domestic violence. These orders may ban the defendant from the family home or the victim’s place of work or from having any contact with the victim. Certain elements of proof must be presented for the court to grant a temporary restraining order and subsequently a final restraining order. It is important for the victim to understand the elements of proof so that the case can be effectively presented to the court. It is important for the defendant to understand the elements of proof so that any lack of proof can be pointed out to the court.
Final restraining orders remain in effect until further order of the court. Final restraining orders do not expire automatically after a certain time.
Domestic violence proceedings to determine whether a temporary restraining order will be made into a final restraining order are civil in nature, not criminal. However, a violation of a temporary restraining order or a final restraining order is considered to be a fourth-degree criminal offense.
In a domestic dispute, both parties can suffer legal consequences. If you are seeking the protection of a restraining order or you must challenge an accusation that was made against you, it is wise to seek the counsel of an experienced family law attorney.
The statute is N.J.S.A. 9:2-4.
Family law matters are fact-sensitive. An evaluation of the facts and evidence is necessary to determine the best manner in which to proceed. If you still have questions and wish to have a consultation, please contact our office at 609-534-2778.