In New Jersey, you can file for either a fault-based or no-fault divorce, as both are recognized. In a no-fault divorce case, you must show that you and your spouse have not been living together as a married couple for at least the past 18 consecutive months, and that your marriage has broken down to the point where there is no chance for you to reunite.
In a fault-based divorce, you must provide a legally recognized reason for the end of your marriage, also known as “grounds for divorce.” Examples of grounds for divorce include:
Spouse has been imprisoned or committed to a psychiatric institution.
A history of drug or alcohol abuse
Extreme mental or physical cruelty
History of domestic violence or abuse
Please note that while fault is not often a consideration when dividing property, it can be used in deciding the terms of spousal support and is relevant in issues pertaining to custody and parenting time.
ALTERNATIVE DISPUTE RESOLUTION
The attorneys at Lepp, Mayrides, & Eaton, LLC, are collaboratively trained practitioners. Collaborative Divorce is a process focused on couples who work together privately with the use of a “team” to resolve disputes with respect and understanding, outside the realm of the courtroom. Other trained professionals can also be brought into the collaborative process to assist, such as financial and mental health experts.
The collaborative divorce and collaborative resolution of post-judgment issues is performed outside of the litigation arena with no involvement of a judge. It can be done at your own pace and is intended to be non-adversarial.
Mediation and arbitration are alternatives to litigation that allow clients to address disputes without the expensive and time-consuming process of going to court. We do, however, recognize that not every case is a strong candidate for these alternatives. In some situations, the differences between the parties are so vast that mediation or arbitration is not likely to yield results. When litigation is the only option, the attorneys at Lepp, Mayrides, & Eaton, LLC, will take decisive action on your behalf.
EQUITABLE DISTRIBUTION OF ASSETS
In New Jersey, the law requires that all assets and liabilities acquired during a marriage or civil union, with some exceptions, be subject to equitable distribution in a divorce or dissolution. Equitable distribution does not automatically equate to an equal division of these assets and debts, but rather requires the application of equitable principles to the total financial portrait of each case.
To accurately assess the equitable distribution of assets and debts in your matter, Lepp, Mayrides, & Eaton, LLC, is dedicated to assisting you in identifying and understanding the assets and debts acquired during your marriage or civil union so that they may be comprehensively, creatively, and equitably distributed in your divorce or dissolution.
Our attorneys also have considerable experience in assessing and evaluating complex and substantial client portfolios to ensure that our clients receive a fair and equitable division of their assets and liabilities.
SAME SEX MARRIAGES AND DISSOLUTION
The lawyers at Lepp, Mayrides, & Eaton, LLC, are skilled in handling issues related to same-sex marriages, civil unions, and divorces both prior to and after the landmark Supreme Court case of Obergefell v. Hodges. The entry into a same sex marriage or its dissolution presents the same issues and challenges that may arise in a heterosexual marriage.