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Bergen County Divorce Lawyer

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No one enters a marriage with the thought that one day, they will need to obtain a legal divorce. However, even with the greatest of intentions, these legal cases are filed every day across the state of New Jersey. For many couples, these cases might be the first time they are required to enter the Bergen County Justice Center on Main Street in Hackensack. This can be an intimidating experience, and having a Bergen County divorce lawyer on your side is vital.

At The Montanari Law Group, we have extensive experience assisting clients through their Bergen County Divorce. Whether you are a resident of Hackensack, Teaneck, Fort Lee, Fair Lawn, Garfield, Englewood, Bergenfield, Westwood, Ridgewood, Paramus, Mahwah, or Cliffside, we are here to help. The emotional and financial toll of a divorce can be massive, and we are here to act as your guide and champion as we navigate this legal process together.

Grounds for Divorce in Bergen County

According to data collected by the CDC, the state of New Jersey has a divorce rate of around 2.3 per 1,000 residents. Whether you are a couple living on Ridgewood’s Godwin Avenue or a family residing in the quiet residential area stretching along Paramus’ Garden State Plaza, our attorneys can assist you with your divorce case.

New Jersey operates as a no-fault divorce state, meaning that you are allowed to file for a divorce on simple grounds such as irreconcilable differences or if you have experienced a separation that has lasted at least 18 months. However, you can still file for a divorce on the grounds of fault, including the following reasons:

  • If your spouse has an addiction to drugs or alcohol or shows signs of habitual drunkenness for at least 12 months prior to seeking a divorce but after the establishment of your marriage, you can file for a fault-based divorce.
  • If your spouse cheats on you, you can seek a divorce on the grounds of adultery.
  • If your spouse willfully abandons or deserts you for at least 12 or more months, you can seek a divorce on the grounds of desertion.
  • Extreme cruelty. If your spouse treats you in a way that places your life in danger or makes you reasonably afraid for your life or health, and has made it unbearable for you to live with them, you can seek a fault-based divorce in Bergen County.
  • If your spouse is sentenced to jail time for 18 or more consecutive months following the establishment of your marriage, you can seek a divorce based on these grounds. If you have filed for divorce after your spouse has already been released, however, you will need to show that you are not living with your spouse following their release.
  • Mental illness institutionalization. Prior to filing for divorce and after the establishment of your marriage, if your spouse is institutionalized for a mental illness for a period of 24 or more consecutive months, you can file for a fault-based divorce.
  • Deviant sexual conduct. If your spouse has acted with any deviant sexual conduct against you, you may be able to use this as a fault-based grounds for divorce. However, filing for divorce on these grounds can be difficult, and it is wise to only do so with the help of an attorney.

Contentious Topics in a Bergen County Divorce

In Bergen County, there are two main kinds of divorce that can be sought: contested or uncontested. In an uncontested divorce, the parties involved can reach agreements regarding various topics of their divorce. However, in a contested divorce, the couple is unable to reach agreements, and they need to look to the authority of a Bergen County judge to make certain crucial decisions for them.

Topics of a divorce in New Jersey can include:

Alimony

Otherwise known as spousal support or spousal maintenance, alimony is a kind of financial support paid from one spouse—typically the higher-earning spouse—to the other. The purpose of alimony payments is to ensure that both spouses can maintain the standard of living that they enjoyed during their marriage. Alimony awards are typically based on the length of the marriage and the age, health, and earning ability of the spouses.

Child Support

When parents seek a divorce, one of the most contentious topics that can arise is that of child support. Typically, the parent with higher amounts of custodial time can seek these payments to assist in paying for the basic needs of the child, such as food, clothing, or shelter. In New Jersey, both parents are considered financially responsible for their child, even if the child primarily resides with one parent.

Child Custody

When minor children are shared between a divorcing couple, that couple will need to reach an agreement regarding the custody of their children. When they cannot reach this agreement themselves, a judge will rule on an arrangement that they believe to be in the best interest of the child. They will base this decision on various factors, such as the relationship of the child with their parents and the needs of the child.

Property Division

New Jersey adheres to the property design laws of equitable distribution. This means that while there will be a fair distribution of marital assets between the divorcing couple, the split will not necessarily be perfectly equal. These laws only apply to marital property, which is property that was obtained during the marriage by either or both spouses. Marital property may include real estate, bank accounts, and vehicles.

Speak With a Compassionate and Tough Divorce Lawyer Today

If you are facing a divorce in Bergen County or are considering filing for one, you deserve an attorney who has the experience, determination, and dedication to ensure that you are treated with compassion and who will fight for what you deserve. At The Montanari Law Group, we are here to do just that. Contact our Little Falls office today to schedule your free consultation and discuss your divorce case, whatever it might entail.

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