New Jersey Divorce Lawyer


Divorce Attorney in Eatontown, NJ Stands Up for the Rights and Interests of Clients Going Through Divorce in Monmouth County, Ocean County, Middlesex County, Mercer County, and Beyond

The end of a marriage is always a painful experience for a couple. But it also represents the start of the next stage in life for a family. Seasoned, compassionate legal counsel can help you and your loved ones prepare for life after divorce. Turn to a New Jersey divorce lawyer from LaBletta & Walters LLC for the advice and advocacy you need. We strive to fulfill the hallmarks of our legal representation: listening to our clients’ needs, collaborating with them as a member of our team, and providing the personal attention they need during this difficult time.

If you’re considering filing for divorce or if you or your spouse have already filed divorce papers, get experienced legal counsel to help you protect your interests and future. Contact LaBletta & Walters LLC for an initial case evaluation to discuss how a divorce attorney in Eatontown, NJ can advocate for your rights.

What Happens in a Divorce in New Jersey?

In New Jersey, the divorce process may involve a long waiting period before a couple may formally file for divorce. Most couples pursue a no-fault divorce, which in New Jersey requires a couple to have been separated for at least 18 months and have experienced an irretrievable breakdown of their marriage for at least six months. Conversely, an at-fault divorce will require the spouse filing for divorce to prove that the other spouse has committed one of the statutory grounds for an at-fault divorce.

After one spouse files a divorce complaint stating the grounds for divorce (at-fault or no-fault) and identifying outstanding issues the court needs to resolve, the other spouse may file an answer denying allegations in the complaint (including denying fault for the divorce) and identifying other matters they want the court to address.

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Divorce Proceedings Our Firm Can Help With

At LaBletta & Walters LLC, an experienced New Jersey divorce lawyer can guide you through the legal process and advocate for your interests and future, no matter what type of divorce proceeding you may have. Let our firm help you on the path to the next chapter in your life if you’ve got a divorce matter such as:

  • Uncontested divorce: An uncontested divorce refers to a divorce where the spouses negotiate a settlement of all outstanding issues in the divorce, eliminating the need to hold a trial. Uncontested divorces are typically no-fault divorces since there is no need to prove that one spouse was “at fault” for the dissolution of the marriage. Spouses who negotiate a property or marital settlement agreement can ask the judge to incorporate the terms of their agreement into the divorce decree.
  • Contested divorce: A contested divorce means spouses have unresolved disputes regarding one or more outstanding issues, such as property distribution, alimony, or child custody. However, couples who initially have a contested divorce can still participate in alternative dispute resolution to try to negotiate an amicable settlement and avoid the time and expense of trial.
  • Collaborative divorce: A collaborative divorce refers to a type of divorce process where a couple works with an interdisciplinary team to develop a mutually satisfactory divorce agreement. This team can include attorneys, financial advisors, mental health professionals, or parenting coordinators.
  • Divorce mediation: Spouses may retain the services of a neutral mediator to help them negotiate a divorce settlement that allows the couple to retain control over the outcome of their divorce.
  • Out-of-state/military divorce: New Jersey has special procedures for divorces where one spouse lives in another state or outside the U.S. or is stationed overseas on active duty in the U.S. armed forces.
  • High-asset divorce: When couples have high incomes or unique, complex assets such as business interests, they need experienced legal representation to help them work through these complicated issues. Our firm can assist you with complex issues common in high net-worth divorces.
  • Annulment: In limited circumstances, a couple may seek to annul their marriage, which has the legal effect of the marriage never having occurred in the first place.

How to Choose the Best New Jersey Divorce Lawyer

Divorce can be a challenging and emotional process, and it’s important to have a skilled and experienced attorney on your side to help guide you through it. Family law in New Jersey encompasses a wide range of legal issues, including divorce, child custody, and property division. When it comes to choosing a divorce lawyer, it’s crucial to select someone who understands the complexities of family law and has a track record of success. In this section, we’ll explore some of the key questions to ask when choosing a divorce attorney, as well as the benefits of working with a local attorney. We’ll also highlight Labletta & Walters, a family law firm in New Jersey that specializes in divorce and family law.

What Questions Should You Ask Your New Jersey Divorce Lawyer?

When choosing a divorce attorney, it’s important to ask questions to ensure that you find someone who is the right fit for you and your specific case. Here are some important questions to ask:

  • Questions a woman should ask a divorce lawyer: Women may have unique concerns when it comes to divorce, such as child custody and spousal support. Some questions to consider asking include:
    • How can I protect my children’s best interests during the divorce process?
    • What are my rights to spousal support, and how much can I expect to receive?
    • How will marital assets, such as property and investments, be divided?
  • What a man should ask for in a divorce settlement: Men may have different concerns, such as protecting their assets and maintaining their relationship with their children. Some questions to consider asking include:
    • What is the process for determining child custody and visitation rights?
    • How can I protect my business or other assets during the divorce process?
    • How will debts be divided, and how can I ensure that I’m not held responsible for my spouse’s debts?
  • Three important questions to ask a lawyer before hiring: Regardless of gender, there are several important questions to ask any divorce lawyer before hiring them. These include:
    • What is your experience with divorce and family law in New Jersey?
    • How do you typically approach divorce cases, and what is your success rate?
    • What are your fees, and how do you handle billing and payment?

Asking these questions can help you determine whether a lawyer is a good fit for your needs and can give you confidence in your decision to hire them.

Next, let’s explore the benefits of working with a local attorney who understands the nuances of family law in your area.

The Benefits of Working with a Local Divorce Lawyer

When choosing a divorce lawyer, it’s important to work with someone who has experience with family law in your area. Here are some benefits of working with a local lawyer:

  • Familiarity with local laws and courts: Family law can vary by state, and even by county or municipality. A local divorce lawyer will have a deep understanding of the laws and courts in your area, which can help them provide more accurate advice and better represent you in court.
  • Knowledge of local judges and attorneys: In addition to understanding the law, a local divorce lawyer will likely have experience working with the judges and attorneys in your area. This can help them navigate the local legal system more effectively and build stronger arguments on your behalf.
  • Convenient access: When going through a divorce, you may need to meet with your lawyer frequently. Working with a local lawyer can make it easier to schedule meetings and communicate more effectively, as you won’t have to travel far to meet with them.
  • Community connections: A local divorce lawyer will likely have connections in the local community, which can be beneficial when it comes to gathering evidence, finding witnesses, or even just providing emotional support.

Mark Walters is a divorce attorney in Eatontown, New Jersey who has been practicing family law in the area for many years. As a local attorney, he has the knowledge and experience needed to effectively represent clients in divorce and family law matters in Eatontown, Long Branch, Middletown, and the surrounding areas.

Next, let’s explore the pros and cons of mediation as an alternative to traditional divorce litigation.

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Mediation: A Potential Alternative to Divorce Litigation

Mediation is a process that involves both spouses meeting with a neutral third party, the mediator, to negotiate and resolve the terms of their divorce. While not suitable for every divorce, mediation can offer several benefits over traditional litigation:

  • Cost-effective: Mediation is often less expensive than traditional litigation, as it involves fewer court appearances and less time spent on legal research and document preparation.
  • More control: Mediation puts the decision-making power in the hands of the spouses, rather than leaving it up to a judge. This can result in more customized and flexible solutions that better meet the needs of both parties.
  • Faster resolution: Mediation can often resolve issues more quickly than traditional litigation, which can be important when there are time-sensitive issues like child custody or support.
  • Less adversarial: Mediation can be a less confrontational process than traditional litigation, which can help preserve the relationship between the spouses and make it easier to co-parent after the divorce.

However, mediation may not be appropriate in all situations. For example, if there is a history of domestic abuse or one spouse is unwilling to negotiate in good faith, mediation may not be effective.

Mark Walters has experience with both mediation and traditional litigation in divorce and family law cases. He can help you decide if mediation is the right choice for your divorce and guide you through the process if you choose to pursue it.

Now, let’s look at some of the things a wife can claim in a divorce settlement.

What Can a Wife Claim in a Divorce Settlement?

In a divorce settlement, a wife may be entitled to several types of financial support, including:

  1. Alimony: Also known as spousal support, alimony is a regular payment made by one spouse to the other to help support them financially after the divorce. The amount and duration of alimony can vary widely depending on factors such as the length of the marriage, the earning capacity of each spouse, and the standard of living established during the marriage.
  2. Child Support: If the couple has children, the wife may be entitled to child support payments to help cover the costs of raising the children. Child support is typically calculated based on the income of both parents and the number of children involved.
  3. Marital Property: In many states, marital property is divided equally between the spouses in a divorce settlement. Marital property includes any assets acquired during the marriage, such as a home, car, or retirement account.
  4. Health Insurance: If the wife was covered under her husband’s health insurance policy during the marriage, she may be entitled to continued coverage for a certain period of time after the divorce.

It’s important to note that every divorce case is unique, and the specific financial support a wife may be entitled to can vary depending on the individual circumstances of the case. It’s important to consult with an experienced New Jersey divorce lawyer like Mark Walters to ensure that your rights and interests are protected during the divorce process.

What Should I Do Immediately After Divorce?

After a divorce, it’s important to take certain steps to protect your legal, financial, and emotional well-being. Here are some things you should consider doing:

  1. Change Your Name: If you are changing your name after the divorce, make sure to update your identification, bank accounts, credit cards, and any other important documents.
  2. Update Your Contact Information: Make sure to update your contact information with your employer, bank, credit card companies, and other important entities to ensure that you receive important communications in a timely manner.
  3. Update Your Legal Documents: After a divorce, you’ll need to update your legal documents to reflect your new status. This may include updating your will, power of attorney, and other legal documents that name your former spouse as a beneficiary or decision-maker.
    1. Update Your Estate Planning Documents: Make sure to update your will, power of attorney, and any other estate planning documents to reflect your new status as a single person.
    2. Change Your Beneficiary Designations: Update your beneficiary designations on any life insurance policies, retirement accounts, or other assets to ensure that your former spouse is no longer listed as a beneficiary.
  4. Create a Co-Parenting Plan: If you have children, it’s important to create a co-parenting plan with your former spouse to establish guidelines for custody, visitation, and other important matters related to the care of your children.
  5. Review Your Financial Situation: After a divorce, your financial situation may have changed significantly. Take time to review your income, expenses, and assets to determine your new financial picture and make any necessary adjustments to your budget or investments. If you shared finances with your former spouse, it’s important to take control of your own finances and establish your own credit. This may include opening a new bank account, obtaining credit in your own name, and creating a budget.
  6. Seek Emotional Support: Divorce can be a difficult and emotional experience, and it’s important to seek support from friends, family, or a mental health professional to help you cope with the stress and challenges of the process.

By taking these important steps, you can ensure that you are fully prepared for your new life after divorce and that you are in a position to move forward with confidence and security.

What Not to Forget in a Divorce Settlement

When going through a divorce, it’s easy to get caught up in the emotional and legal aspects of the process and forget about important details related to the divorce settlement. Here are some things you should make sure not to forget:

  1. Alimony: If you are entitled to alimony, make sure that the terms of the agreement are clear and that payments are scheduled to begin on time.
  2. Child custody and support: If you have children, make sure that their needs are taken into account and that the custody and support arrangements are clearly defined.
  3. Property Division: Make sure that all property is accounted for and that you have received your fair share of marital assets. This may include real estate, investments, retirement accounts, and personal property.
  4. Debts: Make sure that all debts are accounted for and that you are not responsible for any debts that were incurred by your former spouse after the divorce was filed.
  5. Retirement accounts: If you or your spouse has a retirement account, make sure that it is properly divided and that any tax implications are considered.
  6. Insurance: Make sure that any insurance policies, including health, life, and disability insurance, are updated to reflect your new status as a single person.
  7. Taxes: Be aware of any tax consequences related to the divorce settlement, including the division of assets and the payment of alimony or child support.

By keeping these important details in mind, you can ensure that your divorce settlement is fair and that you are fully protected as you move forward with your new life. Working with an experienced divorce attorney in Eatontown, NJ at our firm can help ensure that you don’t forget any important details in your settlement agreement and that your interests are protected throughout the divorce process.

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Who Pays the Bills After Separation?

One of the many difficult aspects of divorce is figuring out who is responsible for paying bills and expenses during and after the separation. Here are some things to consider:

  1. Joint accounts: If you and your spouse have joint accounts, make sure to freeze them and split the balance equally.
  2. Separation agreement: Your separation agreement should specify who is responsible for paying which bills and expenses during the separation period.
  3. Ongoing expenses: Consider how ongoing expenses like rent, mortgage payments, utilities, and groceries will be paid.
  4. Child support and alimony: If one spouse is ordered to pay child support or alimony, this should be factored into the payment of bills and expenses.
  5. Negotiation: In some cases, it may be necessary to negotiate with your spouse about how bills and expenses will be paid.

It’s important to work with a qualified divorce attorney in Eatontown, NJ at our firm to create a separation agreement that specifies who is responsible for paying which bills and expenses. This can help prevent disagreements and financial hardship during the separation period.

Who Loses More in a Divorce?

It’s a common question in divorce: who comes out ahead and who loses? The truth is, there is no one-size-fits-all answer to this question as every divorce is unique and the outcome can vary widely depending on the circumstances.

In general, both parties in a divorce are likely to experience some level of loss, whether it be emotional, financial, or otherwise. However, it’s important to remember that the goal of a divorce is to create a fair and equitable division of assets and liabilities, and both parties should ideally come out with a reasonable and sustainable outcome.

Factors that may impact the division of assets and liabilities include the length of the marriage, the income and earning potential of each spouse, the presence of children, and any prenuptial agreements in place. A skilled divorce attorney can help you navigate the complexities of your divorce and work towards a fair and just outcome.

Ultimately, it’s important to focus on the future and on building a new life after divorce rather than dwelling on what has been lost. By working with a trusted divorce attorney in Eatontown, NJ from LaBletta & Walters LLC and taking the necessary steps to protect your interests, you can move forward with confidence and optimism.

Let a New Jersey Divorce Lawyer From LaBletta & Walters LLC Advocate for Your Rights and Future in Divorce

Divorce can be emotionally complex and time-consuming. However, when you’ve realized that your marriage has come to an end, get legal help to guide you through the divorce process and protect your rights and future. Let our divorce attorney in Eatontown, NJ assist you by:

  • Explaining your options to you, including mediation, collaborative divorce, uncontested/contested divorce, or divorce litigation, and preparing you for what to expect during the divorce process
  • Taking the time to discuss your concerns, needs, and goals for the future to help us prepare a case strategy aimed at achieving the results you want
  • Advocating for your and your loved one’s interests and future if you choose to negotiate a settlement or in court if you need to fight for what right for you and your loved ones

Contact Our Firm for a Confidential Consultation with a Top New Jersey Divorce Lawyer

While divorce is often a painful experience, you deserve to ensure that you can move forward into the next chapter of your life. Contact LaBletta & Walters LLC today for a confidential case evaluation to discuss your legal options with a knowledgeable New Jersey divorce lawyer.

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