Debunking Myths & Misconceptions About Divorce In New Jersey

Do I Need To Prove Fault To Get A Divorce In New Jersey?

No, you do not need to prove fault to get a divorce in New Jersey. Irreconcilable differences are the most commonly used grounds for divorce, and with it, you don’t have to provide proof of fault. Even if fault is alleged, the courts do not consider it as a factor when determining the equitable distribution of assets.

Is Divorce Always A Lengthy And Expensive Process?

Divorce isn’t necessarily always a lengthy and expensive process. If both parties are reasonable and cooperative and exchange financial information openly, the process can be resolved fairly quickly, typically lasting between 90 and 180 days. However, if the case proceeds to trial, it could take up to one or two years and become significantly more expensive. Settling outside of court can help keep legal fees much lower and the process smoother.

Is It True That Mothers Always Get Custody?

The court prioritizes the best interests of the child when determining custody, and several factors are considered in this decision. Custody arrangements can include joint custody, where one parent has primary physical custody and the other has visitation rights, or shared custody, where both parents equally divide their time with the child. The court’s main focus is always on what arrangement benefits the child most, not the gender of the parent.

Can I Keep My House If My Name Is On The Deed?

Having your name on the deed doesn’t necessarily guarantee you’ll keep the house in a divorce. Typically, you have two options: either one party can buy out the other after getting the house appraised, or the house can be sold with the proceeds split, often equally. In some cases, if children are involved, especially if they are in high school, the court or both parties may agree to delay selling the house until the children graduate, after which a buyout or sale may occur.

Paul Mirabelli, lead attorney at Hazlet Family Law Firm in New Jersey, has extensive experience helping clients navigate the stark realities of divorce law. With a deep understanding of both fault and no-fault divorces, Paul has successfully guided clients across New Jersey through property division, custody disputes, and other challenging aspects of the process. His hands-on approach ensures that clients are informed and prepared at every stage.

If you’re considering divorce and need reliable legal counsel, reach out to Paul today to protect your rights and future.

Will I Lose Half Of Everything In A New Jersey Divorce?

In a New Jersey divorce, you don’t necessarily lose half of everything. Instead, assets are subject to equitable distribution, meaning they are divided fairly, often resulting in a 50-50 split of the total value. This doesn’t mean each individual asset is split in half, but the overall assets are divided equally. However, if you owned a home before marriage, it may be considered separate property, and your spouse would only have a claim to any increase in its value during the marriage.

Is It True That Prenuptial Agreements Are Not Enforceable In New Jersey?

Prenuptial agreements are enforceable in New Jersey. Courts generally uphold these agreements unless there is evidence of fraud, misrepresentation, or overreaching during the negotiation process. It’s vital for both parties to have separate legal representation when entering a prenuptial agreement to ensure fairness. If one party chooses not to have an attorney, they must typically sign a waiver acknowledging their decision. Full disclosure of assets and income is also essential to prevent the agreement from being overturned.

How We Serve Clients Like You

I’ve realized over the course of my career that being upfront and straightforward with clients is the way to go. This means sharing both the good news and the potential challenges rather than painting an overly optimistic picture. 

Clear communication about the law and how it applies to their specific situation is key to helping them understand what to expect. While the outcome can, of course, sometimes be unpredictable, being honest from the start helps manage expectations and ensures they are prepared for any outcome.

Still Have Questions? Ready To Get Started?

For more information on Divorce In Hazlet, New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (732) 733-2830 today.