Divorce is a significant life change that often involves both legal and emotional challenges. Every decision impacts your future, and having the right legal support can make all the difference in ensuring you achieve the best possible outcome. At Snyder Kenney & Mercado, LLC, our compassionate Morris County divorce lawyers are dedicated to helping you navigate every step of the way.
To file for divorce in New Jersey, at least one spouse must have been a resident for at least six months before filing. You must also state a legal ground for divorce, the most common being “irreconcilable differences,” which means the marriage has broken down for at least six months with no reasonable chance of reconciliation. Other grounds for divorce include:
Whether your case is contested or uncontested, having an experienced Morris County divorce lawyer ensures your rights and interests are fully protected throughout the process.
An “uncontested” divorce occurs when both spouses agree on all issues, including child custody, support, and division of assets. These divorces are typically faster, less expensive, and more private.
A divorce is considered “contested” when the spouses cannot agree on one or more of the issues, and the disputes are typically resolved through negotiation, mediation, or litigation before a judge.
The divorce process in New Jersey begins with filing the complaint in the family court in the county where you or your spouse lives, then serving the other spouse. The other party has 35 days to respond. After that, “discovery” begins, which involves exchanging financial information, negotiating agreements on custody, support, and property, and, if necessary, attending mediation or court hearings. If both parties reach an agreement, the divorce can be finalized quickly. If not, a trial will ensue, and a judge will decide the unresolved issues.
New Jersey courts decide custody based on the child’s best interests. Judges consider many different aspects of a child’s well-being and the family’s unique circumstances before making any decisions. Common factors the court considers include:
Custody is divided into two categories – “legal” custody, which gives a parent the right to make important decisions about a child’s upbringing, and “physical” custody, which determines where the child primarily lives. Both legal and physical custody may be awarded jointly to both parents or solely to one parent, depending on what the court determines to be in the child’s best interests.
New Jersey uses state guidelines to calculate child support, but the final amount depends on each family’s unique circumstances. The purpose of support is to provide children with stability and meet their everyday needs. Factors the court considers include:
While the guidelines provide a starting point, the court has discretion to adjust the amount in special situations. Child support typically continues until a child turns 18 or finishes high school, though it may be extended in cases involving higher education or a child with special needs.
New Jersey uses “equitable distribution,” which distributes marital property fairly, not necessarily equally, based on a number of factors, such as:
“Alimony,” or spousal support, is not automatically granted in a New Jersey divorce. Courts decide whether it is appropriate based on both spouses’ financial circumstances. Factors that influence alimony include:
Alimony can take different forms, such as temporary support during the divorce process, limited duration support after the divorce, or, in rare cases, open durational support, which can be ongoing for some time.
“Mediation” is a process that allows couples to resolve divorce-related issues outside the courtroom with the help of a neutral third party. The mediator does not take sides or make decisions but instead guides discussions, helping both spouses communicate more effectively and work toward a fair agreement.
Mediation can reduce conflict, save time and money, and give couples more control over the outcome of the divorce. Mediation is especially valuable for spouses who will continue to share responsibilities, such as co-parenting children or managing a business together, as the process promotes cooperation and preserves working relationships.
Each divorce is unique, and the length depends on several factors, including the complexity of the case, how cooperative the parties are, and the court’s schedule. On average, an ‘uncontested’ divorce can take several months, whereas a ‘contested’ divorce can take more than one year.
Alimony can take different forms, such as temporary support during the divorce process, limited duration support after the divorce, or, in rare cases, open durational support, which can be ongoing for some time.
Divorce can be a complex and emotional experience that you should not have to face on your own. With the compassionate Morris County divorce lawyers at Snyder Kenney & Mercado, LLC on your side, you do not have to face challenges alone. We provide exceptional guidance and support when you need it most. For a consultation, call 908-574-3081 or complete our online form. Located in Parsippany, New Jersey, we proudly serve clients in the surrounding areas.
Navigating divorce requires making decisions that will affect your finances, your family, and your future. At Snyder Kenney & Mercado, LLC, our Morris County divorce lawyers provide guidance and advocacy every step of the process, including:
With experienced legal guidance, you can navigate alimony disputes confidently and protect your financial interests.
