When a couple gets married, says their vows, and begins building a life together, they never dream that a divorce might be in their future. Nevertheless, these cases happen every day across the Montclair area. Life can bring unexpected challenges, and the reality is that many marriages fail. This is nothing to feel ashamed of; just because a marriage has failed does not mean you have failed. A Montclair divorce lawyer can stand beside you and fight for your rights in a divorce.
At The Montanari Law Group, our team of extensively experienced attorneys can represent you, whatever your divorce case might entail. Whether there are minor children involved, a large number of highly valued assets, or disputes arise regarding alimony, we can help you and your soon-to-be ex-spouse reach agreements on all these legal matters. We can use our extensive knowledge and experience in New Jersey divorce law to protect you throughout your case.
No matter how you and your spouse strive to remain amicable in a divorce case, difficulty and disputes are bound to arise. It can prove beneficial to have an attorney on your side who understands the legal system of Essex County, as they can use that knowledge to fight for your rights in matters like alimony, child support, child custody, or marital assets. Divorce can alter your life, but that doesn’t mean it has to end life as you know it. Let us help you today.
According to data collected by the CDC, in 2022, New Jersey saw a divorce rate of 2.3 divorce cases per every 1,000 residents of the state. When a couple is considering divorce in Montclair, it is important to understand the grounds on which a marriage can be legally dissolved in the state. In New Jersey, there are two kinds of legally recognized grounds for divorce: no-fault or fault-based divorces.
In New Jersey, a couple can seek a divorce based on no-fault grounds. This means there are irreconcilable differences between the couple. To qualify, the marriage must have been broken down for at least six months, with no chance of reconciliation occurring between the couple. The couple could also seek a no-fault divorce if they have been living separately for at least 18 months.
In certain cases, a couple may instead wish to seek a divorce based on grounds of actual fault. You could seek a fault divorce based on several different legal grounds, including the following:
One of the most common fault-based grounds cited in Montclair divorces is that of adultery. If one of the spouses engages in any kind of extramarital sexual relations, this can be a reason for seeking a fault-based divorce. However, to establish that adultery has occurred, the accusing party must provide evidence, such as witness statements, communications, or photographs, that the adultery took place.
This fault-based ground for divorce, also known as abandonment, can occur when one of the spouses leaves the marital home. These grounds can also apply when a spouse refuses to engage in any kind of relations that are normally shared between a married couple for at least 12 months, without any kind of justification and in a willful and intentional manner. Evidence to support desertion can include witness statements and documentation of the spouse’s abandonment.
Another commonly cited ground for fault-based divorce is that of extreme cruelty. This can include any kind of emotional or physical cruelty that seeks to endanger the well-being or health of the allegedly victimized spouse. Examples of this treatment can include abuse or harassment. Evidence to support these grounds includes medical records, police reports, or eyewitness statements.
The spouse who files for this kind of fault-based divorce must be married to an individual, or the defendant, who has been imprisoned for a period of 18 or more consecutive months.
When thinking of seeking a divorce in Montclair, it is wise to obtain the counsel of a local divorce attorney. They can review your case and determine which kind of grounds you should cite in your divorce filings. Establishing the appropriate grounds can protect your rights, depending on the exact nature of your case.
Montclair boasts a close proximity to major financial institutions and hubs of transportation. It is also near major corporations like Prudential. This can mean that couples seeking a divorce in the city might have rather high stakes involved in their case, such as complex assets or the need for spousal maintenance. These can become key aspects in your Montclair divorce case, along with several other topics, including:
New Jersey adheres to the principle of “equitable distribution” when marital assets and other forms of property are divided between the couple in a divorce. This does not necessarily mean that the split will be perfectly 50/50.
Additionally, this principle only applies to marital property, not any separate property. Marital property includes anything acquired by the spouses during their marriage, such as the marital home, vehicles, bank accounts, retirement accounts, and home furnishings. Separate property can include anything owned by either spouse prior to the marriage. It can also be any inheritance or gift given to one of the spouses.
For many children residing in Montclair, timely and consistent child support payments can provide them with the vital support they need. In New Jersey, the amount of child support that a child can receive will ultimately be based on the income of both parents and the needs of the child. However, child support can last longer if the child has certain disabilities.
An attorney can assist you in a child support case by providing guidance on the correct amount of child support, whether you are receiving it as the custodial parent or paying it as the paying parent.
If minor children are shared between the divorcing couple, the parents will need to reach an agreement regarding the custody of their children. This agreement must meet the needs and interests of the children in question. This can be one of the most difficult aspects of a divorce, as you only want to do what is right for your child, but emotions can quickly become tense.
The courts can take several aspects into account when making a determination on child custody in your Montclair divorce case, including the:
In Montclair, alimony, otherwise known as spousal maintenance or spousal support, is the financial support a higher-earning spouse provides to a lower-earning spouse. The main purpose of alimony in New Jersey is to allow both spouses the ability to maintain a similar standard of living to what they experienced during their marriage.
When you are facing a divorce in Montclair, your attorney can first review the details of your divorce, including the incomes of both you and your spouse. Then, they can provide guidance on alimony and how much you might receive or be accountable for paying. Keep in mind that alimony orders do not always have to remain permanent; they may only last for a certain amount of time, as the judge will determine the amount as they see fit.
In some divorce cases, domestic violence might become involved. In 2021, New Jersey saw 35,940 filings of domestic violence. If you are the individual filing for a restraining order in a domestic violence and divorce case, our attorneys can uncover evidence and assist you when seeking a restraining order.
However, some divorces engender high conflict surrounding issues like child custody. In these cases, a false accusation of domestic violence can arise. If that happens to you, the attorneys at The Montanari Law Group can investigate the allegations and uncover evidence to support your innocence.
In Montclair, whatever your divorce case might involve, the attorneys at The Montanari Law Group can assist you. We have experience in working with the judges and legal systems involved in the Essex County courts. Our law firm can use this experience to efficiently manage your case and fight for your rights. We also boast strong negotiation skills, which can help you avoid a costly court trial.
If your case must go to court, our team can advocate for everything you deserve. We can make sure your ex-spouse and their legal team do not take advantage of you in any way.
If you are seeking a divorce in Montclair or have recently discovered that your spouse has filed, now is not the time to hesitate in reaching out to an attorney. At The Montanari Law Group, we have handled hundreds of divorce cases over the years. Our skilled attorneys can manage your case properly. We can address any issues that might arise, like domestic violence or custody disputes. Contact our office today to schedule your initial consultation.