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A divorce can be one of the most emotional and challenging experiences a person can have. Deciding to end your marriage is only the start of the many decisions you must make moving forward about the dissolution of your union. Divorce can leave a person feeling vulnerable and helpless, especially with the complex and unfamiliar processes involved. You may be asked to make decisions that can legally and financially affect your and your family’s future.
When it comes to prenuptial agreements, our team of experienced lawyers can help you navigate the process. We understand that discussing a prenuptial agreement can be difficult, but it is important to protect your assets and ensure a fair outcome in the event of a divorce. Our lawyers have helped many couples in Ocean County and Monmouth County draft prenuptial agreements that meet their unique needs.
If you are facing a divorce, our Ocean County divorce lawyers are here to help. We understand that divorce can be a stressful and emotional time, and our lawyers are here to guide you through the process. We can help you with drafting prenuptial agreements and other family law or bankruptcy concerns.
You don’t have to face this process alone. At Straffi & Straffi Attorneys at Law, our team is here to assist you in navigating the legal landscape of divorce and in making objective decisions with your family’s best interests in mind.
Call (732) 341-3800 today to schedule a complimentary consultation to learn more about how we can help you.
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No one gets into a marriage with the expectation of getting divorced. However, statistics show that nearly half of all marriages end in divorce. As such, divorce is a reality for many families. Decisions made at the initial stages of divorce can set the tone for you and your family’s future. Even when spouses are friendly, negotiations can often break down and the intervention of the court may be necessary to settle disputes.
While avoiding conflict is desirable, it is important to know when to use an aggressive approach to protect your rights. Striking this balance is what our legal practice is all about. Our divorce and family law attorneys at Straffi & Straffi Attorneys-at-Law use their acquired knowledge of New Jersey laws to assist families in a way that minimizes heartbreak and hassle.
At Straffi and Straffi Attorneys at Law, our experienced family lawyers can help with a variety of family law issues, including domestic violence and real estate matters. We are dedicated to helping families in Ocean County and Monmouth County navigate the legal system and find the best possible outcome for their situation.
If you need a family lawyer in Ocean County or Monmouth County, contact Straffi and Straffi Attorneys at Law today. Our team is here to help you through this difficult time.
| Category | Factors Considered | Why It Matters |
|---|---|---|
| Marriage Context | Duration of the marriage or civil union, age and physical or emotional health of each spouse | Reflects joint financial entanglement and each spouse’s vulnerability |
| Financial and Economic | Income and property brought into marriage, standard of living established, economic circumstances at the time of division, income and earning capacity, contribution to other spouse’s education or earning capacity | Assesses each party’s financial input, future earning viability, and household role |
| Assets and Valuation | Contribution to acquisition, dissipation, preservation, depreciation or appreciation of marital property including homemaking, present value of property | Evaluates how assets were increased or maintained and their current worth |
| Legal Agreements and Taxation | Prenuptial or postnuptial agreements, tax consequences of the proposed distribution | Ensures enforceable agreements are honored and financial impact is fair |
| Family and Future Needs | Need for custodial spouse to occupy marital home, debts and liabilities of the parties, need for future trust such as for medical or educational costs, deferred career goals of a party | Addresses practical and future financial needs, especially where children are involved or careers were put on hold |
| Miscellaneous | Any other factors deemed relevant by the court | Grants flexibility for unique circumstances |
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A lot of people have the perception that divorce involves antagonism between both parties. Although this is true for some cases and may be expected depending on the circumstances of the couple divorcing, there are divorce cases that are concluded amicably owing to the couple’s ability and willingness to cooperate.
There are many types of divorce in New Jersey and which one would fit your case best will depend on your individual situation. Our qualified attorneys at Straffi & Straffi Attorneys-at-Law are available to help if you need more information.
Daniel Straffi Jr. is a dedicated divorce lawyer serving clients throughout Ocean County, New Jersey. Admitted to practice in New Jersey, Pennsylvania, and the U.S. District Court of New Jersey since 2001, Mr. Straffi brings over two decades of legal experience to every case. A graduate of Boston College and Rutgers-Camden School of Law, he began his legal career clerking for the Hon. Lee Forrester, Presiding Judge of Family Law in Mercer County. His early exposure to family law shaped his deep understanding of divorce litigation and related matters.
As a certified mediator and early settlement panelist in Ocean County, Mr. Straffi is skilled at resolving disputes efficiently and amicably. He is an active member of both the New Jersey and Ocean County Bar Associations, where he serves as Co-Chair of the Bankruptcy Panel.
An uncontested divorce takes place when the spouses can easily come to an agreement about the major concerns about their marriage.
As a no-fault divorce state, couples in New Jersey can get a divorce by stating “Irreconcilable differences” meaning that there has been a breakdown of communication in the marriage that has been going on for at least 6 months. An uncontested divorce typically takes less time to finalize than a contested divorce.
A couple would only need to prepare a joint property settlement agreement that includes the details of what the couple agreed upon regarding custody, parenting time and visitation rights, spousal and child support, and asset distribution. The couple would also need to have the document signed and notarized before submitting it to the court. The divorce order issued by the court will honor the agreement created by the couple.
Straffi and Straffi Attorneys at Law is a law office serving Ocean County and Monmouth County. Our team of super lawyers provides legal advice in family law and bankruptcy, including divorce, child support, and prenuptial agreements. We are proud to be rated as one of the top law firms in the area.
In cases where the spouses want to avoid litigation, they can make decisions about the major issues of their divorce with the help of a mediator. In a mediated divorce, the couple comes to the negotiating table with the aim of creating an agreement and deciding on the major issues of their marriage. An unbiased third party will act as a mediator and assist the spouses in facilitating the negotiations.
The couple themselves will be the ones who decide on matters such as child custody and support, whether to provide spousal support and by how much, how to divide marital assets and debt, etc. Once they have decided on these matters, the mediator will present a signed agreement to the court.
An arbitration divorce also lets the spouses avoid litigation for their divorce like a mediated divorce would. However, the third party involved, an arbitrator, acts as a judge and can help make decisions about the couple’s marital concerns.
If a couple cannot agree on one of the major aspects of their divorce, the whole process becomes a contested divorce. Fault-based divorces are usually a reason why a divorce is contested.
As stated under N.J. Stat. § 2A:34-2, the grounds for divorce in New Jersey are:
A contested divorce typically involves the intervention of the court where a judge would be the one to decide on issues that the spouses cannot agree on. Additional court events may be scheduled in order to settle the matters of the divorce.
The legal processes involving divorce in New Jersey can easily get overwhelming for those unfamiliar with the Family Court. An experienced divorce lawyer can help you prepare the necessary documents, communicate with your spouse’s legal counsel, and keep you updated on the relevant court events you need to attend. Our team of Ocean County divorce attorneys at Straffi & Straffi Attorneys-at-Law strive to reduce the anxiety and stress involved in the divorce process.
Contact our Toms River, NJ office today at (732) 341-3800 to schedule a free consultation.
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In New Jersey, marital property is divided through a system called equitable distribution, which aims for fairness, not necessarily a 50/50 split. This legal process applies to all assets and debts acquired during the marriage, regardless of whose name is on the title or account. Common examples include the family home, retirement accounts, vehicles, credit card debt, and business interests.
When a couple divorces, the court evaluates several statutory factors to determine an equitable division. These include the length of the marriage, each spouse’s income and earning capacity, the standard of living during the marriage, contributions to the household (both financial and non-financial), and the economic circumstances of each party. Judges may also consider prenuptial or postnuptial agreements.
It is important to note that separate property, such as inheritances, gifts to one spouse, or assets acquired before the marriage, usually is not subject to division unless it was commingled with marital funds.
Ultimately, equitable distribution in New Jersey is about achieving a just result based on the couple’s unique financial situation. Having a knowledgeable divorce attorney can make a significant difference in protecting your rights and ensuring fair treatment throughout the process.
New Jersey legally refers to divorce as a “dissolution” of marriage. New Jersey law follows the same processes when dissolving a marriage, civil union, or domestic partnership.
Either partner or spouse can file a petition for dissolution in New Jersey as long as one of the spouses has been a resident of the state for at least a year. For fault-based divorces grounded on adultery in the marriage, either spouse can file for divorce as long as one of the spouses has lived in New Jersey for any amount of time.
While having a lawyer is not required to file for divorce in New Jersey, the state itself recommends divorce petitioners retain legal counsel who can help them work through the legal processes involved.
To trigger the divorce process, either spouse must file for divorce with the court. The divorce complaint must include a ground for divorce, either no-fault or fault-based. Upon submission of a divorce complaint, the spouse who filed for divorce will be considered the Plaintiff and their spouse the Defendant in the divorce case.
The Defendant must be served the divorce papers within 30 days of filing and the court must be provided proof that the papers were duly served, in writing. A Plaintiff can have the Sheriff’s Office of the place where they filed the divorce serve the divorce papers for a fee.
Upon receipt of the divorce papers, the Defendant must issue an official response or a counterclaim regarding the grounds of the divorce if they have any matters they want to raise regarding the divorce complaint. If the defendant chooses not to respond, there is a different procedure to be followed.
Each spouse would need to file a Case Information Statement (CIS) that includes financial information relevant to the divorce. This information will be used to determine key issues such as financial support and the distribution of the couple’s assets and liabilities.
With the help of each spouse’s attorneys, the divorcing couple can try and reach a settlement agreement. This can allow the parties to negotiate the terms of their divorce and compromise to achieve a mutually beneficial outcome. If a settlement cannot be reached, or once the divorce complaint and counterclaim or responsive pleading have been filed with the court, the spouses are required to attend an Early Settlement Panel. The panel will give recommendations about how to resolve the issues involved in the divorce.
Should the couple agree to the recommendations and consent to be bound by the terms recommended, the court can proceed with granting the divorce. If the parties still cannot agree to the terms, the case proceeds to additional conferences such as Economic Mediation and an Intensive Settlement Conference. The last step, going into a divorce trial, is only reached if the divorcing couple still cannot reach an agreement even after the initial conferences.
Compared to mediation conferences where the couple would negotiate the matters of the divorce themselves, a divorce trial will involve a judge deciding on the key issues. Once the important issues – like child custody and support, visitation rights, asset distribution, etc. – have been resolved, the court will issue a Final Judgment of Divorce concluding the divorce proceedings. Each party will be bound by the terms of the judgment and the divorce would be finalized.
Even after a divorce is finalized, circumstances can change. In New Jersey, post-divorce modifications allow either party to request changes to certain court orders when there has been a substantial change in circumstances. Common areas subject to modification include child custody, parenting time, child support, and alimony. For example, if one parent loses a job, relocates, or a child’s needs change significantly, the court may adjust the existing agreement.
To pursue a modification, the requesting party must file a motion with the court and provide evidence of the changed circumstances. The court will review whether the change is significant, ongoing, and was not foreseeable at the time of the original judgment.
In addition to modifications, New Jersey courts also handle enforcement of divorce orders. If one party fails to comply, such as refusing to pay child support, ignoring visitation rights, or not transferring property, legal remedies are available. These may include wage garnishment, fines, license suspension, or even jail time in extreme cases.
Whether you need to adjust an agreement or enforce one, working with a skilled family law attorney is essential. They can help you navigate the legal system and protect your rights effectively during this next chapter.
You are legally entitled to represent yourself in NJ divorce proceedings. However, the court system strongly recommends that individuals seeking to file a divorce or who are in the process of divorcing hire their own legal counsel.
Court staff may be able to answer questions about the court system and the deadlines for the court, the requirements to file a divorce, information that is already in your case file, and give you guidelines about which court forms you need to fill out and how.
However, court staff cannot offer legal advice, whether to proceed to bring your case to court, offer opinions about what can happen whether you bring your case to court or not, and cannot talk to the judge on your behalf about your case. Court staff also cannot change or petition the judge to change an order for your benefit. Court staff are also not obligated to act in your best interests, especially at the expense of your spouse.
Hiring an experienced Ocean County divorce attorney can make sure you have someone on your side looking out for your best interests. At Straffi & Straffi Attorneys-at-Law, our team of skilled divorce attorneys has extensive experience in dealing with the New Jersey court system, particularly in family court proceedings like divorce. We can assist you in every step of your divorce, from filing the initial divorce complaint to petitioning a change in a court order once the divorce has been finalized.
Call our Toms River, NJ office at (732) 341-3800 or fill out our online form to speak with one of our divorce attorneys.
Divorces in New Jersey are categorized as either contested or uncontested. An uncontested divorce is when the couple can easily come to an agreement on major issues related to their marriage. New Jersey is a no-fault divorce state, which means that couples can obtain a divorce by citing “irreconcilable differences.” Typically, uncontested divorces take less time to finalize than contested ones. In such cases, the couple prepares a joint property settlement agreement outlining their decisions on custody, parenting time, spousal and child support, and asset distribution. The agreement is then signed, notarized, and submitted to the court, which issues a divorce order in accordance with the couple’s agreement.
A contested divorce, on the other hand, occurs when the couple cannot reach an agreement on one or more major aspects of their divorce. Fault-based divorces often lead to contested divorces. The grounds for divorce in New Jersey include adultery, abandonment, extreme cruelty, separation, addiction to drugs or habitual drunkenness, institutionalization for mental illness, imprisonment, and deviant sexual conduct without consent. Contested divorces typically involve the intervention of the court, with a judge deciding on issues that the spouses cannot agree upon. Additional court proceedings may be scheduled to settle the matters of the divorce.
While individuals have the right to represent themselves in divorce proceedings, the court system advises hiring an experienced divorce lawyer to navigate the complex legal processes involved. A skilled New Jersey divorce attorney may be able to help protect your best interests throughout the process.
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Deciding to dissolve your marriage with your spouse is only one of the many major decisions you’ll have to make once the process of divorce is initiated. Other important issues that come up in a divorce can involve deciding on matters of whether providing financial support to your spouse or the other way around is necessary. If you share children, deciding who will have custody and whether child support is necessary is of utmost importance.
It is important to have the assistance of an attorney who will act as your advocate and prioritize your family’s future. At Straffi & Straffi Attorneys-at-Law, we have dedicated our practice to providing quality legal assistance to New Jersey residents in matters of divorce and family law. We understand how a divorce can affect a family and work diligently to lessen the heartache by providing compassionate but effective representation.
To schedule a consultation with one of our attorneys, call us today at (732) 341-3800 or fill out our online form.