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Divorce is never easy, but the attorney you choose to represent you can make a significant difference in the outcome of your case. If you’re facing a divorce or any other family law matter in Hamilton Township, a skilled and experienced lawyer from the Law Office of Stephanie Albrecht-Pedrick, LLC stands ready to effectively represent you. Contact us for an initial consultation today so we can discuss your circumstances.
Divorce & Family Lawyer Serving Clients in Hamilton Township, NJ
Here at the Law Office of Stephanie Albrecht-Pedrick, LLC, we handle all divorce and family law-related matters on behalf of our clients, including the following:
- Uncontested Divorce
- Contested Divorce
- Alimony
- Property Division
- Divorce Mediation
- High Net Worth Divorce
- Business Owner Divorce
- Child Custody
- Child Support
- Relocation
- Prenuptial Agreements
- Post-Judgment Modifications
- Domestic Violence
- LGBTQ Family Law
- College Expenses & Divorce
- Emancipation
- Guardianship
What Should You Know Before Filing for Divorce in New Jersey?
Before filing for divorce in New Jersey, there are several important issues that every spouse should understand.
New Jersey recognizes both no-fault and fault-based divorces.
Most divorces in New Jersey are filed on no-fault grounds. The most commonly used ground is irreconcilable differences, which requires the parties to have experienced differences for at least six months that make the marriage unable to continue.
Other grounds for divorce may include:
- Adultery
- Desertion
- Extreme cruelty
- Addiction or habitual drunkenness
- Deviant sexual conduct
- Institutionalization
- Imprisonment
Although many divorces proceed on no-fault grounds, there are situations where filing on fault grounds may have strategic implications depending on the circumstances involved.
Residency requirements apply before a divorce can be filed.
In most situations, at least one spouse must have lived in New Jersey continuously for at least one year before filing for divorce.
An exception exists for divorces based on adultery, where the one-year residency requirement does not apply if the adultery occurred in New Jersey and one spouse currently resides in the state.
Property is divided according to equitable distribution principles.
New Jersey follows the doctrine of equitable distribution rather than community property rules.
Equitable distribution does not necessarily mean that marital property will be divided equally. Instead, courts attempt to divide assets and debts fairly after considering numerous statutory factors. Examples of property that may be subject to equitable distribution include:
- The marital residence
- Retirement accounts
- Investment portfolios
- Business interests
- Vehicles
- Credit card debt
- Pensions
- Bank accounts
Separate property acquired before the marriage generally remains with the original owner, although exceptions can arise when assets become commingled during the marriage.
Child custody decisions focus on the child’s best interests.
When children are involved, New Jersey courts prioritize the best interests of the child above all else.
Custody decisions may involve both legal custody and physical custody.
Legal custody concerns decision-making authority regarding important issues such as:
- Education
- Medical treatment
- Religious upbringing
- Extracurricular activities
Physical custody determines where the child primarily resides and how parenting time is shared between parents.
Courts evaluate many factors when making custody determisions, including the parents’ ability to communicate and cooperate, the child’s relationship with each parent, the stability of each home environment, and the needs of the child.
Child support is generally determined using statewide guidelines.
New Jersey child support obligations are typically calculated using the New Jersey Child Support Guidelines.
Factors commonly considered include:
- Each parent’s income
- Parenting time arrangements
- Healthcare costs
- Childcare expenses
- The number of children involved
Although guidelines apply in many situations, courts may deviate from those guidelines when doing so is justified by the facts of the case.
Alimony may be awarded in some divorces.
Not every divorce involves alimony, but many do.
New Jersey courts consider numerous factors when deciding whether alimony is appropriate, including:
- The length of the marriage
- The earning capacity of each spouse
- The standard of living established during the marriage
- Each spouse’s age and health
- Educational backgrounds
- Employment histories
- Contributions made to the marriage
Several forms of alimony may be available depending on the circumstances, including open durational alimony, rehabilitative alimony, reimbursement alimony, and limited duration alimony.
Preparation can make a significant difference.
Before filing for divorce, many individuals benefit from gathering important financial documentation and records.
Examples include:
- Tax returns
- Bank statements
- Mortgage records
- Retirement account statements
- Credit card statements
- Pay stubs
- Business records
- Insurance policies
Having access to complete financial information often makes the discovery process more efficient and can reduce disputes regarding marital assets and liabilities.
Contact a Divorce Lawyer in Hamilton Township
Ultimately, divorce is something you should never face alone. Here at the Law Office of Stephanie Albrecht-Pedrick, LLC, we are dedicated to representing individuals facing complex family law matters in Atlantic County, and we stand ready to represent you, too. Contact a skilled Hamilton Township divorce lawyer from the Law Office of Stephanie Albrecht-Pedrick, LLC today.