Experienced Summit Divorce Lawyers
Divorce is a reality for many families in New Jersey, even though statewide divorce rates remain comparatively low. According to the Centers for Disease Control and Prevention (CDC), New Jersey consistently ranks well below the national average in divorce rates, with approximately 2.2 divorces per 1,000 residents, one of the lowest in the country.
Despite these statistics, thousands of New Jersey couples still navigate divorce each year, often facing complex legal, financial, and family-related decisions. At Diamond & Diamond, P.A., our compassionate Summit divorce lawyers help clients navigate the legal process, understand their rights and responsibilities, and focus on practical resolutions that support their long-term stability after divorce.
What Types of Divorce Does New Jersey Recognize?
To file for divorce, at least one spouse must have been a New Jersey resident for at least one year prior to filing. The state recognizes both no-fault and fault-based grounds for divorce:
- No-fault divorce: The most common, no-fault divorce is based on irreconcilable differences, meaning the marriage has been broken for at least six months with no reasonable prospect of reconciliation or blame to either spouse.
- Fault-based divorce: New Jersey permits divorce based on specific grounds, including adultery, desertion, extreme cruelty, substance abuse, mental institutionalization, and imprisonment. These cases require supporting evidence and typically take longer to resolve.
What Is a High-Asset Divorce?
A high-asset divorce (or high-net-worth divorce) involves couples with substantial income, property, or financial holdings that require careful evaluation throughout the divorce process. High-asset divorces often include business interests, investment portfolios, real estate, luxury items, or international holdings, and may raise additional considerations related to valuation, tax implications, and long-term financial planning.
Owing to their complexity, high-asset divorces often require collaboration with forensic accountants, business valuation experts, and tax specialists to ensure that assets are identified, valued accurately, and divided fairly.
What Is the Legal Process to Divorce?
Before a court can issue a final divorce decree, a number of issues must be resolved. Although each case is different, most divorces in Summit follow a similar legal process, which entails the following:
- One spouse files a complaint for divorce with the court, and the other spouse has 35 days to file a formal response.
- Both parties exchange required financial disclosures.
- Negotiations begin on issues such as equitable distribution, alimony, child support, child custody, and parenting arrangements.
- If disputes remain, the court may require an Intensive Settlement Conference or
- If all settlement efforts fail, the case proceeds to trial, where the court makes final determinations.
What Issues Must Be Resolved During Divorce?
A divorce cannot be finalized until certain core issues are addressed. These determinations can shape both immediate outcomes and long-term financial and family stability.
Divorce involves resolving various key issues, each of which can significantly impact your future, including:
- Alimony: Support awarded when one spouse requires financial assistance during or after divorce. Courts evaluate factors such as the length of marriage, each spouse’s income and earning capacity, the marital standard of living, and the ability to pay when determining need and for how long.
- Child custody: The courts focus on the child’s best interests, considering factors such as parental involvement, communication, stability, and each parent’s ability to meet the child’s needs.
- Child support: Support is calculated using New Jersey Child Support Guidelines, considering income, parenting time, and other child-related expenses.
- Property distribution: New Jersey applies equitable distribution, meaning marital property is divided fairly. Courts consider factors such as the length of the marriage, each spouse’s financial circumstances, contributions to the marriage, and future economic needs.
How Is Marital Property Divided?
Under New Jersey’s equitable distribution, marital property is divided fairly, not necessarily equally. Marital property generally includes assets and debts acquired during the marriage, such as real estate, vehicles, bank accounts, retirement assets, and credit card debt. When determining property division, courts evaluate a range of factors, including the following:
- Length of the marriage and marital standard of living.
- Age and health of each spouse.
- Each spouse’s income, earning capacity, and overall financial circumstances.
- Nature, amount, and value of marital assets and debts.
- Each spouse’s financial and non-financial contributions to the marriage.
- Any separate property owned by either spouse.
- Prenuptial or postnuptial agreements.
Property owned before the marriage or received individually through inheritance or gift is generally considered separate, but it may be treated as marital if it is commingled with shared assets or used for joint purposes.
How Can a Summit Divorce Lawyer Help With My Divorce?
Divorce involves legal procedures, financial disclosures, and decisions that can have long-term consequences. Having sound legal advice can help you understand how New Jersey law applies to your situation and help you make sound decisions through each stage of the process. Our skilled Summit divorce lawyers can assist by:
- Explaining your rights and obligations under New Jersey divorce law.
- Preparing and filing required court documents accurately and on time.
- Identifying and addressing issues related to property division, support, and parenting arrangements.
- Evaluating settlement proposals and negotiating terms.
- Representing you during mediation, conferences, or court proceedings.
- Helping you anticipate how divorce decisions may affect your long-term financial and family stability.
Having legal guidance can be especially important when a divorce involves children, significant assets, or disagreements that cannot be resolved informally.
Frequently Asked Questions About Divorce in Summit, NJ
- What Is a Contested vs. Uncontested Divorce? Uncontested divorces mean both spouses agree on all issues, with less court involvement. Divorces with unresolved issues requiring negotiation, mediation, or court decisions are considered contested.
- What Is Divorce Mediation? Mediation is a structured process in which a neutral mediator helps spouses work toward a settlement agreement. It is confidential and gives both parties more control over the outcome and often reduces time and cost.
- Does Remarriage Affect Alimony? Typically, alimony ends if the payee remarries, unless the divorce agreement states otherwise. Alimony usually continues if the payor remarries, though modification may be considered in significant changes.
- What Are the Types of Child Custody in New Jersey? New Jersey recognizes legal, decision-making, custody, and physical custody, which determines where a child lives. Custody may be shared or primarily awarded to one parent, depending on the best interest of the child.
- How Is Child Support Calculated? Child support is calculated based on factors such as each parent’s income, the amount of parenting time, and child-related expenses such as healthcare and childcare.
Summit Divorce Lawyers at Diamond & Diamond, P.A., Will Give You the Guidance You Need
You do not need to face divorce alone. The compassionate and experienced Summit divorce lawyers at Diamond & Diamond, P.A., will guide you from start to finish, providing sound legal advice to protect your rights and your future. Call us at 973-379-9292 or contact us online; the initial divorce consultation is free. With an office located in Short Hills, New Jersey, we serve clients across the state.
