Divorce Process

Bergen County Divorce Attorney

husband signing divorce agreement and woman push away weeding riRepresenting clients through the divorce process

Divorce is a reality for over 50% of marriages. Knowing the process of divorce is important for an individual as they face this complicated legal matter. Preparing for the future is critical and having the right representation is imperative. Though some couples can agree to resolve the matter through alternative dispute resolution, others cannot come to terms outside of court. Some of the many issues that can lead to a contested court case include spousal support, the division of assets, child custody and visitation, and child support. There are some major factors to consider when divorce is in your future. If you need quality legal representation, contact The Radol Law Firm for a consultation to discuss your legal matter.

Residency requirement

For a couple to get a divorce in the state of New Jersey, they must satisfy the residency requirement. The residency requirement is important because it establishes a court’s jurisdiction over a case. To succeed, one or both spouses must be a bona fide resident of the state or have lived in the state for at least one year.

Grounds for divorce

New Jersey is a “no-fault” divorce state. This means that one does not need to provide “fault” grounds for divorce and no one can stop you from ending the marriage like in the past. To employ no-fault grounds, one can declare irreconcilable differences for at least 6 months or separation for at least 18 months. Though NJ is a “no-fault” divorce state, one can declare “fault” grounds, including adultery, abandonment, desertion, extreme cruelty, incarceration, and institutionalization as a reason to start the divorce process.

Divorce Evaluations

During especially contentious divorce proceedings involving children, your attorney may tell you that the courts will order certain medical or psychological testing for you, your spouse or your children to determine the best course of action regarding child custody. This is a very thorny area of custody disputes but it might decide the outcome of your custody agreement so be sure to take it seriously. More

Judicial Settlement Conferences

Settling a divorce matter outside of court is often beneficial to the parties involved and the court itself. A case is expensive for everyone involved. Not only does the couple spend a lot of money to litigate, the state’s time is precious as well. Furthermore, a court battle has an emotional impact on the family that most would like to avoid. This being said, at some point during the divorce process, the parties will participate in some type of settlement conference. More

Considering Your Needs Hierarchy

There are many approaches to an equitable division of expenses (or liabilities) as one moves through the divorce process. One approach you and your Englewood family divorce lawyer may find helpful is a “needs hierarchy.” Having the right mindset when facing divorce is in your best interests. It is important to know the road ahead and prioritize your needs in order to develop a comprehensive strategy for the future that is cost-efficient. More

The Vesting of Retirement Plans

When meeting with clients, we are often asked, “What does ‘vesting’ mean?” With respect to retirement plans, a vesting period is typically the amount of time that an employee is required to stay at his or her job before he or she will be entitled to the provisions of a company pension plan. Years ago, the vesting period used to be quite long because employees tended to be “lifetime” employees; however, America’s workforce has gone through dramatic change, and accordingly, the Employee Retirement Income Security Act of 1974 (ERISA) drastically shortened the vesting periods of defined benefit plans. More

Final Judgment of Divorce

For a divorce case to conclude, a judge will issue a Final Judgment of Divorce. This document will address all previously contested issues and issue orders for all parties to follow. Once the Final Judgment for Divorce is issued, the marriage is over and both parties must abide by the decisions made.

Contact The Radol Law Firm

Divorce is a complicated matter that deserves the quality legal services of an experienced law firm. If you are faced with divorce, our firm can compassionately guide you through each step and effectively represent your needs in and out of court. For an experienced legal team, contact The Radol Law Firm for a consultation today.