Divorce Attorney in Atlantic County | Stephanie Albrecht-Pedrick

For most people, divorce is the most personal and life-altering legal matter they will ever face. Unfortunately, divorce is something that touches virtually every aspect of your life, from your finances, to your relationship with your children, and beyond. That’s why it’s so important that you have a competent and skilled Atlantic County divorce attorney in your corner who can effectively represent your interests at every turn. Here at the Law Office of Stephanie Albrecht-Pedrick, LLC, we have fought for clients in New Jersey for over two decades, and we’re here to fight for you, too. Contact our legal team today so we can listen to your goals and concerns, and, from there, begin building a comprehensive strategy for your case.

Fault Grounds Vs. No-Fault Divorce in New Jersey

One of the first decisions that has to be made when filing for divorce is determining the grounds upon which the divorce will be filed.

Fortunately, New Jersey recognizes both fault and no-fault divorce grounds.

Generally speaking, most people today file for divorce based on no-fault grounds, and for good reason. Filing a no-fault divorce often allows spouses to focus on resolving the issues that truly matter, such as child custody, child support, alimony, and property division, rather than litigating the reasons the marriage ended in the first place.

New Jersey recognizes the following no-fault grounds for divorce:

Irreconcilable differences that have existed for at least six months and make it appear that the marriage should be dissolved.
Living separate and apart for at least eighteen consecutive months with no reasonable prospect of reconciliation.

New Jersey also recognizes several fault-based grounds for divorce, including:

Adultery
Desertion
Extreme cruelty
Addiction or habitual drunkenness
Institutionalization for mental illness
Imprisonment
Deviant sexual conduct

That being said, while fault grounds certainly remain available under New Jersey law, generally speaking, it is often best to proceed under no-fault grounds whenever possible, as allegations involving adultery, abandonment, and similar issues frequently make divorces significantly more contentious, more expensive, and considerably longer than they otherwise would have been. Furthermore, fault allegations often have very little impact on the ultimate outcome of the divorce itself.

Contested Vs. Uncontested Divorce in New Jersey

There are two primary types of divorce in New Jersey: contested divorce and uncontested divorce.

Simply put, if you and your spouse can reach an agreement on all major issues involved in your divorce, including child custody, parenting time, alimony, equitable distribution, and child support, your divorce is considered uncontested.

Unfortunately, contested divorces are far more common.

A contested divorce occurs when spouses cannot agree on one or more aspects of the divorce and require the assistance of attorneys, mediators, or, in some cases, the court itself to resolve those disputes. Some of the issues most frequently contested are as follows:

Child custody arrangements
Parenting time schedules
Alimony
Child support
Division of retirement accounts
Distribution of the marital home
Division of businesses or professional practices

You should also note that a no-fault divorce can absolutely still be contested. This is one of the biggest misconceptions people have about divorce in New Jersey.

Simply because you are filing based upon irreconcilable differences does not mean that you and your spouse agree regarding what happens next.

In fact, many highly contested divorces begin as no-fault actions. For this reason, it’s imperative to have a skilled Atlantic County divorce attorney in your corner from the outset.

The Divorce Process in New Jersey

Many people are understandably intimidated by the divorce process simply because they do not know what to expect.

Though every divorce proceeds somewhat differently, most divorces in New Jersey follow roughly the same sequence of events.

Step One: Filing the Complaint for Divorce

The divorce process generally begins when one spouse files a Complaint for Divorce with the court.

The spouse filing the complaint is known as the plaintiff, while the other spouse becomes the defendant.

Within the complaint, the plaintiff will cite the grounds for divorce and identify any relief being requested, which may include child custody, child support, alimony, equitable distribution, counsel fees, and more.

Step Two: Serving Divorce Papers

Once the complaint is filed, it must be formally served upon the defendant.

Generally speaking, service cannot be completed by the plaintiff personally. Instead, service is typically completed through a third party who is over the age of eighteen.

The defendant then has an opportunity to file an Answer or otherwise respond to the allegations contained within the complaint.

Step Three: Counterclaims and Responses

If the defendant wishes, he or she may file a Counterclaim for Divorce. If necessary, the plaintiff may then file a response to that counterclaim. At this point, the issues in dispute usually become much clearer.

Step Four: Discovery

Discovery is traditionally one of the longest portions of the divorce process.

During discovery, both parties exchange information and documentation concerning their finances and other relevant issues.

Some examples of documents frequently exchanged during discovery include:

Tax returns
Bank statements
Retirement account statements
Pay stubs
Business records
Property appraisals
Investment account information
Credit card statements

In more complicated cases, business valuation experts, accountants, vocational experts, and other professionals may become involved as well.

Step Five: Motions and Temporary Relief

There are certain issues that simply cannot wait until the end of the divorce.

Because of this, either party may ask the court for temporary relief. Some examples can include:

Temporary custody arrangements
Temporary child support
Temporary alimony
Discovery disputes
Payment of certain legal expenses

Step Six: Settlement Negotiations

Fortunately, the overwhelming majority of divorces settle before trial.

Settlement negotiations may occur informally between attorneys, during mediation sessions, or through court-sponsored settlement conferences.

Step Seven: Trial

If settlement efforts prove unsuccessful, the matter may proceed to trial.

At trial, both parties may testify, call witnesses, submit evidence, and make legal arguments in support of their positions.

Eventually, the court will issue decisions regarding any remaining disputed issues.

Step Eight: Final Judgment of Divorce

Once all issues have been resolved, whether through settlement or trial, the court will enter a Final Judgment of Divorce officially dissolving the marriage.

This document will contain all orders relating to custody, support, alimony, and equitable distribution.

Do I Have to Go to Court for My Divorce?

Fortunately, the answer to this question is often “no.”

Though some divorces absolutely require litigation, many others can be resolved outside of the traditional courtroom setting.

The most common alternative is mediation.

In mediation, a neutral third party works with both spouses in an effort to negotiate solutions that both parties can accept. The mediator does not make decisions for either spouse. Instead, his or her role is to facilitate productive conversations and help identify areas of agreement.

There are several advantages associated with mediation, including:

Lower costs
Faster resolutions
Increased privacy
Greater flexibility
More control over the outcome

That being said, these options are not always appropriate.

For example, if there are allegations of domestic violence, concerns regarding hidden assets, or one spouse simply refuses to negotiate in good faith, court intervention may ultimately become necessary.

The important thing to understand is that going to court is not inevitable simply because you are getting divorced.

How Are Assets Divided During a Divorce in New Jersey?

Many people enter the divorce process assuming that all marital assets will simply be divided equally between spouses.

This is not necessarily the case.

New Jersey follows the doctrine of equitable distribution. Simply put, equitable does not mean equal. Instead, it means something closer to what the court believes is fair under the circumstances. Marital property can include:

Homes
Vehicles
Retirement accounts
Investment accounts
Businesses
Pensions
Debts accumulated during the marriage

The court may consider numerous factors when determining equitable distribution, including the duration of the marriage, each spouse’s earning capacity, each party’s contributions to the marriage, and many others.

How Is Child Custody Determined in New Jersey?

Child custody is often one of the most emotionally difficult issues involved in any divorce.

Generally speaking, New Jersey courts focus on one primary consideration above all others: the best interests of the child.

Courts may consider numerous factors when making custody determinations, including the following:

Each parent’s relationship with the child
Stability of each household
Each parent’s ability to cooperate with the other
The child’s educational needs
Any history of domestic violence
The child’s preferences, where appropriate

The ultimate goal is to create an arrangement that serves the child’s well-being and long-term interests.

How Is Alimony Determined in New Jersey?

The purpose of alimony, generally speaking, is to allow both spouses to maintain a reasonably comparable standard of living following divorce whenever possible. When determining alimony, New Jersey courts may consider the following:

The duration of the marriage
The age and health of both spouses
Each party’s earning capacity
Educational background
The standard of living established during the marriage
Contributions made by each spouse, including non-financial contributions

Contact a Divorce Attorney in Atlantic County, New Jersey Today

If you are considering divorce or have any questions regarding family law matters, the Law Office of Stephanie Albrecht-Pedrick, LLC is here to help. Contact a skilled Atlantic County divorce attorney from our legal team today so we can get started working on your case. We proudly represent clients throughout Cape May and Atlantic Counties, including in Egg Harbor Township, Atlantic City, Hamilton Township, Galloway Township, and beyond.