What are the grounds for divorce in Ocean County?

Ocean County recognizes two grounds for divorce, no-fault and fault-based. No-fault divorce is based on irreconcilable differences and is the most common type of divorce in Ocean County. Fault-based divorce is based on specific grounds such as adultery, abandonment, cruelty, addiction, or incarceration, with one spouse proving the other is at fault. In either case, it's important to have the representation of an experienced divorce attorney to protect rights and interests.

What is an uncontested divorce?

An uncontested divorce is a divorce where both parties agree on all aspects of the end of their marriage, such as property division, child custody, and spousal support. It is often less time-consuming and less stressful than a contested divorce, as it allows for a mutually agreed resolution instead of a judge's decision. It's recommended to seek the guidance of a divorce attorney to handle the uncontested divorce fairly and efficiently.

What is a contested divorce?

A contested divorce is one in which the spouses are unable to agree on key issues like property division, spousal support, and child custody. When a divorce is contested, a judge must make decisions on the disputed issues and the process can be time-consuming, expensive, and stressful, and involve lawyers, evidence gathering, and court appearances. Not all divorces have to be contested and alternative methods such as mediation or arbitration may help minimize conflict, speed up the process, and reduce costs.

What are some common issues in an Ocean County divorce case?

A divorce case can involve a number of important issues, including property division, alimony, child custody, and child support. The court must determine the best arrangement for each issue, taking into account factors such as the needs of the child, the income of each parent, and the standard of living of each spouse. These issues can be resolved through negotiation, alternative dispute resolution methods like mediation, or by a court decision made through a trial.

Can I change the terms of my divorce agreement in Ocean County?

Yes, the terms of a divorce agreement in Ocean County can be modified. However, it is important to note that a modification can only be made if the change in circumstances is substantial and affects the well-being of the parties involved, such as changes in income, health, or living situation.

Who pays for a divorce in New Jersey?

The cost of a divorce in New Jersey can vary depending on the complexity of the case and the services provided by the divorce attorney. Both spouses may be responsible for paying their own attorney fees or one spouse may be required to pay the legal fees of the other. Court fees and other expenses related to the divorce process may also need to be paid by one or both spouses.

Can you get divorced without going to court?

An uncontested divorce is a way to get divorced without going to court. In an uncontested divorce, both parties reach an agreement on major issues such as property division, alimony, child custody, and child support, and the agreement is submitted to the court for approval. This process can be faster and less costly than a traditional divorce that goes to court, but a lawyer may still be necessary to ensure the agreement is legally binding.

How long does it take to get a divorce if both parties agree in New Jersey?

In New Jersey, an uncontested divorce can take 6-8 weeks from filing to finalization if all forms are properly completed and filed. The process is not complete until the settlement agreement is approved by the court, which can take an additional 3-4 months, including a 90-day waiting period and mandatory divorce education classes. The time frame can vary based on the legal complexity and the availability of parties and lawyers.

What is the process of divorce in Ocean County, New Jersey?

It starts with the filing of a divorce complaint with the court. The complaint must be served to the other spouse, who then has a certain amount of time to respond. If both parties reach an agreement on all legal issues, they can file a settlement agreement, otherwise, the divorce proceeds to trial.

How can I contact Straffi & Straffi Attorney at Law?

If you need the help of a New Jersey bankruptcy attorney or divorce lawyer, you can call us at (732) 341-3800. You can also send us an email at familyclient@straffilaw.com. Another way to contact us is by filling up the contact form on our website at https://www.straffilaw.com/contact/

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Ocean County's Top Rated Divorce Lawyer

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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. Our experienced Ocean County divorce attorneys at Straffi & Straffi Attorneys at Law are 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.

Type of Divorce	Definition
Uncontested Divorce	When both spouses can easily come to an agreement about the major concerns of their marriage, such as child custody and support, spousal support, asset distribution, and visitation rights.
Mediated Divorce	In cases where spouses want to avoid litigation, they can make decisions about the major issues of their divorce with the help of a mediator. An unbiased third party will assist the spouses in facilitating the negotiations.
Arbitration Divorce	Similar to a mediated divorce, this type of divorce allows spouses to avoid litigation. However, an arbitrator acts as a judge and can help make decisions about the couple’s marital concerns.
Contested Divorce	When a couple cannot agree on one of the major aspects of their divorce, the whole process becomes a contested divorce. A judge would be the one to decide on issues that the spouses cannot agree on.

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Toms River Prenuptial Agreement Lawyers With Compassion And Experience

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.

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Awesome divorce attorney with a great staff! I wouldn't go any where else! Dan will fight for you so you get the results you and your children deserve! He fought for me and got me out of a terrible marriage and got me the child support I needed. Thanks again Dan!

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Prenup Attorney Daniel Straffi Discusses Types Of Divorce In New Jersey

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.

Uncontested Divorce

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.

Mediated Divorce

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.

Arbitration Divorce

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.

Contested Divorce

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:

Adultery
Abandonment
Extreme cruelty
Separation
Addiction to drugs or habitual drunkenness
Institutionalization for mental illness
Imprisonment
Deviant sexual conduct without consent

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.

Ocean County Prenup Lawyers at Straffi & Straffi Explain the Process Of Divorce In Ocean County, New Jersey

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.

Do I Need To Hire an Ocean County or Toms River Divorce Lawyer?

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.

Contested vs. Uncontested Divorce in New Jersey

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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Get The Help Of The Top-Rated Toms River Divorce Lawyers And Family Law Attorneys At Straffi & Straffi Attorneys-At-Law

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.