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Having to go through a divorce is one of the hardest things a person can experience. Not only are emotions and stress high, but the complexities of divorce law add to it. Getting a Hackensack divorce lawyer on your side can be crucial for a successful outcome.
Divorce cases are part of a larger network of family law, a field in which we at The Montanari Law Group have a wealth of experience. Practicing across both Passaic and Bergen counties, we have helped countless people navigate their cases and proceedings. Let our Hackensack family lawyers guide you as you figure out what works for your situation.
We are committed to aiding both families and individuals on their legal journeys. Over half of Bergen County residents—54.8%—are married. That means a lot of people potentially need family law services.
Our history extends beyond divorce laws. Our partner, Michael J. Montanari, has been featured in many national and local publications, including The New York Times, The Trentonian, and CNN. For divorce and all facets of family law, we can provide steadfast support, counsel, and advocacy.
In New Jersey, divorce is sometimes referred to as dissolution, as you are dissolving a union between two people. The process can be long, but knowing the usual steps can make everything smoother.
Divorce cases are less common in New Jersey than in other states. In 2024, only 11 in 1,000 married women went through divorce proceedings, putting our state in the bottom five nationally. Still, when divorce is necessary, it is a difficult time for everyone involved.
The proceedings will start with one person filing a Complaint for Divorce. In New Jersey, either party can file for divorce. For Bergen County, these filings are handled at the local branch of the New Jersey Superior Court, Family Division, located at 10 Main Street in Hackensack.
New Jersey is a no-fault state, meaning that anyone can file for divorce on account of irreconcilable differences, without proving the fault of either party. Usually, these differences must be ongoing for more than six months, with no real hope for both parties to reconcile.
That isn’t the only reason to file for divorce, though. Other acceptable causes to file include:
How a case goes depends on the communication, needs, and assets to be distributed by both parties. Whether you hire a divorce lawyer can also affect the proceedings.
Once a complaint has been filed and the other spouse is served, the case must be settled. Shared assets, child custody, alimony, child support, and more might need to be decided on.
In some cases, you may choose to reach an agreement prior to filing for divorce. This is especially useful in amicable divorces. If you both agree on what you want before filing, it makes the mediation and settlement much easier.
Oftentimes, this kind of agreement isn’t possible. There are many steps available for mediation after filing. When mediation is necessary, the court will typically order it. In these cases, a third party will be chosen to help you and your spouse reach an agreement.
The mediator will not make decisions for you, but they can make it easier to negotiate with your spouse in as neutral a way as possible. Mediation can be used to talk out child custody and economic assets if needed.
In rarer cases, arbitration is an option. In this process, you both choose a third party who will make decisions for you. Both spouses appoint the arbitrator, pay their fees, and agree to abide by whatever decision they make.
Even the most neutral divorces are not going to be easy. Having high-value assets to split up makes the process that much more difficult. The estimated average property value for Hackensack City is $320,475, meaning many divorce filers have valuable homes.
On top of these concerns, everyone going through divorce proceedings must abide by all the divorce laws governing that process, even if you don’t know them. Fortunately, divorce lawyers know these laws, so they can fight for your rights while making sure you’re protected.
How much a divorce lawyer costs in New Jersey depends on many factors, including the lawyer’s rate and the complexities of your case. Some lawyers charge hourly, while others may charge a flat fee. The ideal way to get a price estimate is to consult a Hackensack divorce attorney about your case.
There is no specific amount a lawyer should charge for a divorce. Lawyers set rates based on their needs and those of their clients. If you might struggle with the rate a lawyer is asking, they could inform you of resources that might help you pay, or they may discuss ways to lower the cost. When dealing with these cases, quality legal help is worth the money.
In most cases, both spouses pay for their own divorce fees in New Jersey. However, a judge can decide that one spouse pays the other’s costs based on need or special circumstances. Who exactly pays for the divorce will depend on the facts of the case and what is determined between the involved parties.
In New Jersey, a wife is entitled to an equitable share of marital assets. Instead of being a guaranteed 50/50 split, courts try to encourage an agreement that considers the needs and resources of both spouses. Thus, a wife is entitled to a share of resources and assets that aims to be fair to her and her former spouse.
Divorce proceedings are immensely challenging, so it is highly beneficial to have a Hackensack divorce lawyer who can strategize and advocate for your rights. Our team can support you with your legal needs and questions. Contact us today to schedule a consultation.