Monmouth County Divorce Lawyers
New Jersey couples may pursue a fault-based or no-fault divorce. Many choose a no-fault divorce because it is generally less litigious and costly.
Regardless of your path, our Monmouth County divorce lawyers at Lepp, Mayrides & Eaton, LLC, work to protect your legal rights and help you navigate the divorce process to reach the best possible outcome.
What Are Considered Grounds for Divorce in New Jersey?
If you pursue a no-fault divorce, you can allege “irreconcilable differences” in the Complaint for Divorce. In New Jersey, you must allege that irreconcilable differences have existed for more than 6 consecutive months before filing. There must be no prospect for reconciliation. You do not have to cite the reason for dissolving your marriage when alleging irreconcilable differences.
When pursuing a fault-based divorce, you must provide legally recognized grounds for dissolving your marriage. The following are examples of grounds for a fault-based divorce in New Jersey:
- History of drug or alcohol abuse
- Extreme cruelty
- Sexual deviance
- Spouse has been imprisoned or committed to a psychiatric institution
What Is Alternative Dispute Resolution?
The Monmouth County divorce lawyers at Lepp, Mayrides & Eaton, LLC employ a range of alternative dispute resolution (ADR) methods that help couples resolve complex issues, including custody, spousal support, and the distribution of marital property, without going to Court.
The following are examples of ADR approaches that our attorneys use whenever possible:
- Collaborative divorce: This method uses a team-based approach, where couples work with their respective lawyers to identify their key issues, discuss ways to resolve conflicts, and negotiate a settlement with as little conflict as possible. The goal of a collaborative divorce is to avoid litigation and reach an agreement prior to filing a Complaint for Divorce.
- Mediation: This method of ADR involves meeting with a trained mediator who will present conflict resolution options that will help them resolve their issues without going to Court. While a mediator helps the parties reach a mutually acceptable settlement, a mediator is a facilitator. He/she does not make decisions for the couple.
- Arbitration: Like mediation and collaborative divorce, arbitration occurs outside the courtroom. However, an arbitrator can make legal decisions, like a Judge, that can impact the case. In addition, once the arbitrator has made a final decision, both parties are bound by that decision, unless they agree otherwise in advance.
How Is Marital Property Divided in New Jersey?
New Jersey is an equitable distribution state, which means that marital property is divided in a manner that the Court deems fair; it is not an automatic 50/50 split.
When determining how marital property should be distributed, the Court will consider various factors, such as:
- The duration of the marriage
- The age and health of both spouses
- The standard of living enjoyed during the marriage
- Each spouse’s economic circumstances
What Is the Difference Between Marital Property and Separate Property?
Marital property includes any assets or debt that either or both of the spouses acquired during the marriage. This includes assets like real estate property, bank accounts, businesses, retirement accounts, pensions, stock options, and other investments, as well as loans and credit card debt. Equitable distribution only applies to marital property.
Separate property includes any assets or debts the spouses owned or incurred prior to the marriage, as well as inheritances or third-party gifts. Separate property is generally not subject to equitable distribution unless it has been commingled with marital assets.
How Expensive Is a Divorce in New Jersey?
The cost of a divorce can vary significantly based on several factors, including whether the couple can resolve their issues through an ADR method or if the case must be litigated in Court.
The attorneys at Lepp, Mayrides & Eaton, LLC, can help regardless of the circumstances of your case. Our attorneys can protect your legal rights and help you reach the best possible case outcome.
Monmouth County Divorce Lawyers at Lepp, Mayrides & Eaton, LLC, Help Clients With Complex Divorce Matters
The experienced Monmouth County divorce lawyers at Lepp, Mayrides & Eaton, LLC, work to ensure clients’ rights are protected by way of settlement or litigation, if necessary. Call us at 908-800-7676 or contact us online to schedule a consultation.
Located in Somerville, New Jersey, our attorneys serve clients throughout Central New Jersey, including those in Somerset County, Hunterdon County, Warren County, Morris County, Mercer County, Monmouth County, Union County, and Middlesex County.