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| What Are The Grounds For Divorce In New Jersey? Grounds for divorce in NJ Even though New Jersey has both fault and no-fault grounds, in most cases, the fault has no bearing on how marital assets will be divided. Occasionally, the Court may consider the grounds for divorce as a factor in determining spousal support. Fault is an emotional factor in a divorce, but it has little or no influence on the terms of the settlement. Common grounds for divorce:
Annulment In a divorce, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment is more difficult to prove—and much rarer—than divorce. Speak to a lawyer before trying to go this route. An annulment for religious reasons is a completely different situation and you need to consult with your priest, minister, or rabbi. Documentation You’ll need to provide your lawyer with the following documentation in order to proceed with your dissolution. Start gathering everything together as soon as possible so that you can find out what might be missing and submit any requests for duplicates. Personal Data
Financial Data
The prospect of divorce can be frightening. Divorce is a traumatic event for any family. For many families, divorce results in a sudden realization that everything you thought was certain has become uncertain. Uncertainty about the future can be especially frightening for children. In our divorce practice, we work with you and your family to establish some new certainties for the future. In a divorce, you should have your own divorce attorney, and it should be a divorce attorney who is thoroughly familiar with divorce laws in New Jersey, the divorce process, and productive divorce strategy. The bulk of our practice is devoted to representing individuals in divorce proceedings. We have considerable experience helping our clients resolve issues involving child custody and support, spousal support (alimony), and complex property division issues, including asset valuation and valuation and division of family owned businesses. The end of your marriage does not have to mean the end of your family or loss of everything you have worked hard for. We will help you protect what you have and leave your marriage with everything to which you are legally entitled. Whether you are considering divorce, your spouse is seeking a divorce, or you are already involved in divorce proceedings, working with an experienced divorce attorney can be the difference between a smooth transition and bitter one. Contact us anytime to schedule an appointment. We Can Answer Your Divorce Questions
Your assistance in providing documents, cooperating with discovery, and responding promptly to your attorney’s requests concerning motions and certifications filed by the other party, will avoid delays and speed up the settlement process. If a settlement is reached, the case proceeds as uncontested, and the Court promptly assigns a hearing date. At that time, the Court grants a divorce to the parties and incorporates the agreement into a judgment, if it determines that you both reached the agreement voluntarily.
The fault or wrongdoing of a party in a divorce action has no bearing on how assets will be divided that were acquired during the marriage. The Court may but rarely does, consider the grounds for divorce as a factor in determining alimony.
You have the right to seek support for yourself and your children, custody or visitation with your children, equitable distribution of assets, counsel fees, and for women, resumption of the use of a maiden name. Depending upon individual circumstances, you may be entitled to additional rights.
The Court has adopted guidelines intended to provide guidance about what it actually costs to raise children. The Guidelines fix a range of support that should be paid by both parents, proportionate to their incomes. The Court presumes that the Guidelines are correct. However, you may negotiate child support amounts above or even beyond those Guidelines. The Court may modify the levels in the Guidelines if it decides that, due to the particular circumstances of your family the amount is unjust or inappropriate. The Court may deviate from the guidelines at the combined net income of both parties in more than $1,000/week. Child care costs are considered separately.
You are free to leave the home but you should speak with your attorney before making this or any other major change in your circumstances. In some situations, physical separation is advisable. However, in many cases, leaving the home may have serious negative consequences to you, particularly if you are seeking custody of the children and they remain with your spouse in the marital home. Your departure from the home may also create a financial burden to you and your spouse.
The total cost, like the amount of time it may take to complete your divorce is difficult to predict. The nature and extent of the assets, the complexity of the legal issues, and the cooperation of the parties are significant factors. Most attorneys will require an initial retainer fee before starting to represent you. Usually you are billed on an hourly basis against the retainer for legal services as they are rendered. You receive periodic statements advising you of the status of your account. In the event your initial retainer is insufficient to cover legal fees and costs, you are expected to pay for services rendered to keep your account current. If at any time, you have questions about your bill, you should feel free to discuss it with your attorney. LAW OFFICES OF NEAL M. POMPERThe Law Offices of Neal M. Pomper continues a long standing tradition of championing children and women’s causes in family law begun by Emily Arnow Alman. Neal M. Pomper, Esq. has been practicing law in the Central New Jersey area for over 20 years. Though the practice does encompass other specialty areas, such as real estate and other law, his emphasis remains on family related litigation. One of Mr. Pomper’s best known family law cases includes the preeminent “GET” (Jewish Divorce Decree) case in the State of New Jersey. In that case, Mr. Pomper refused to continue to represent a husband-client who refused to give his wife a “get”. In another prominent family law case, Mr. Pomper represented a wife and compelled the extension of a father’s obligation, in a divorce contest, to contribute to his child’s graduate school education. Most recently, in a much publicized case, Mr. Pomper represented the wife of a prominent rabbinical clergy under criminal investigation, and obtained temporary sole custody of their minor child, precluded him from having any unsupervised parenting time pending the directives of a family therapist. Mr. Pomper’s predecessor, Ms. Alman, also had been practicing family law for more than 20 years. She brought a unique perspective to her legal practice stemming from her earlier career as a sociology professor at Rutgers University and being an activist for most of her life. Ms. Alman decided to embark upon this second career at age 57. Her daughter, Jennifer Michaels, was so inspired by her mother, that she in her 40’s, graduated from law school and joined her mother in making the endeavor a family affair. Shoshana Gross, Esq., the newest associate to join the practice, recently became an attorney following a career as an investigator for the Office of the Law Guardian in New Jersey and as counselor and advocate for the Women’s Resource Center and Laurel House in Pennsylvania. Mr. Pomper and Ms. Gross are active members of the Highland Park Orthodox community. Litigation is our strong suit. We focus on New Jersey family law and we thrive on jury trials. We believe that we are always representing the right side in any case, because it is our client’s side. We enjoy litigation and we know how to win, but if it is in our client’s best interest, we will negotiate an optimal settlement. We are well-versed in New Jersey divorce law and three of our attorneys serve as early settlement panelists. This demonstrates the esteem in which our attorneys are held by their peers and the New Jersey court system. We are truly proficient in the field of matrimonial law. Although we focus on family law, our firm skillfully represents clients in every phase of life, from the purchase of their first home and formation of their own business, to estate planning and probate matters. In addition, our attorneys possess extensive knowledge and experience in civil litigation, municipal court matters, real estate issues, drunk driving (DUI/DWI) cases and plaintiff’s personal injury cases. While our range of practice areas is wide, our knowledge is deep and we are extremely capable in all the areas in which we practice New Jersey law. We are pleased to be able to successfully represent our clients in virtually any legal matter that may arise throughout their lives. If you are faced with a legal problem, contact us for a consultation. Let our team of attorneys help you.
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