Highly Rated Family Law Attorney in Trenton, NJ Proficiently Handles Divorce Cases and Family Law Matters in Mercer County and Throughout New Jersey
New Jersey is a no-fault divorce state, and you can file for divorce without requiring a reason to do so. That being said, NJ Rev Stat § 2A:34-2 (2013) outlines at-fault cases in which someone may file for divorce. If you are involved in such proceedings – whether in a no-fault or at-fault case, or you are undergoing a contested or uncontested divorce – we are here to help. The experienced Trenton divorce lawyer at LaBeltta & Walters LLC can help you assess property, equitably determine custody or visitation rights, and handle other divorce-related legal matters discreetly and with confidence.
Understanding New Jersey’s Equitable Asset Distribution Laws with a Seasoned Trenton Divorce Lawyer
If you are in the middle of a divorce or are thinking about getting one, how your marital assets will be split after the fact will be of interest to you – and understandably so. New Jersey’s divorce laws require an equitable distribution of assets a couple’s assets during a divorce. This means that the court will split the couple’s property between the parties involved as it sees fit and fair based on the circumstances of the case. The courts consider the following factors when dividing marital property between parties:
- How long the marriage or civil union lasted
- The age and physical, emotional, and financial standing and well-being of the parties involved
- How much income or property each person brought to the marriage or civil union
- The standard of living enjoyed by the couple during their marriage or civil union
- The presence or absence of written agreements made by the parties before or during their marriage or civil union regarding property or finances
- The income and earning capacity of all parties
- The educational background, training, skills, work experience, child care responsibilities, and the time and cost of obtaining the education and/or training needed for one party to become self-supporting in the absence of the other
- Any outstanding debts or liabilities of both parties
- Other factors deemed by the court as relevant
These rules are outlined in NJ Rev Stat § 2A:34-23.1 (2013) – the Equitable Distribution Criteria of the New Jersey Revised Statutes. Every one of these laws can have an important impact on the outcome of the court’s decision regarding your post-divorce financial standing, so speak with our experienced family law attorney in Trenton, NJ for sound advice regarding your case.
Understanding Down New Jersey’s Child Custody Laws in Divorce Cases
Important rules and definitions regarding child custody are provided in NJ Rev Stat § 2A:34-54 (2013), but many other statutes come into play, such as the initial child custody jurisdiction (NJ Rev Stat § 2A:34-65 (2013)), and the rights of parents. Our Trenton divorce lawyer has a deep understanding of these laws and can help you protect your rights and work toward securing the divorce outcome you desire.
That being said, a non-exhaustive list of factors that the courts will consider when determining the best interests of children in a divorce case include:
- The wishes of the parents
- The children’s need for meaningful relationships with both parents
- The wishes of the children
- The physical and emotional well-being of the children and any special needs they may have
These factors may also be considered when determining how much child support and spousal support to award each party after the divorce is final. As far as the law is concerned, your liability for paying child support only ends upon the emancipation or death of the child, their marriage, if the child enters active military duty, or becomes self-sufficient. Other determining factors can include if the child enrolls in a secondary school education program or completes school. Our family law attorney in Trenton can help you break down what you need to know with respect to the circumstances that apply to your case.
Divorce Cases and Family Law Proceedings in Trenton NJ
As per the New Jersey Courts, there are several filing steps and associated fees that you must complete when filing for divorce. These include filing fees, document submissions, seeking fee waivers (if applicable), delivering papers to your spouse, and handling special paperwork for separation and restraining order cases. New Jersey’s divorce rates are somewhat lower than the national average. However, if you live in Trenton, NJ and need assistance with divorce proceedings or need protection, guidance, or more information about what to do based on your unique circumstances, contact our reliable and highly-rated family law attorney in Trenton, NJ.
Contact Us Today for Fair, Impartial, and Convincing Representation from Our Trenton Divorce Lawyer
Some people think that they may need an aggressive attorney to win their case, but aggression rarely, if ever, will persuade a judge if that aggression is not backed by facts and evidence. What you should seek is a family law attorney in Trenton, NJ who will passionately represent your interests and will provide sound, reliable, and diligent representation. Contact our team today to get started with a free case evaluation.