a small firm that packs a big punch
- Home
- Attorneys
- Articles
- Practice Areas
- Family Law
- Criminal Defense
- Employment Law
- Personal Injury
- Workers’ Compensation
- Real Estate
- Wills, Trusts & Estates
- Blog
- Courts We Serve
- Contact
- Toggle website search
Divorce can be inherently messy for couples. They may feel intense, conflicting emotions toward their ex during the case. New Jersey courts understand this and do everything they can to ensure a smooth process for all parties involved. Working alongside a Newark complex divorce lawyer can make the divorce process even easier for you to handle.
The Montanari Law Group has over 20 years of combined legal experience. Our Newark divorce lawyers have a niche focus on family law.
As New Jersey residents, our team is passionate about protecting our neighbors during their most difficult times in life. We regularly represent our Newark clients at the Essex County Family Courthouse, located at 212 Washington Street.
You don’t have to navigate your case by yourself. Let us take care of the legal side of it so you can focus on your emotional well-being. We offer initial consultations to Newark residents so they can describe the details of their situations.
As of 2023, 7% to 11% of Newark residents were divorced. It’s rare for a divorce to be quick and simple, free of emotions for the couple involved. A complex divorce doesn’t have one specific definition. It can be a divorce that’s highly argumentative, with heavy emotions involved.
It may be a divorce with high-value assets or a diverse business portfolio. It can also be a divorce where child custody is a complex issue. There may even be cases of domestic violence or substance abuse.
No matter the type, it’s important to hire a complex divorce lawyer who is well-versed in complex divorce laws.
A court in New Jersey can grant a divorce for several reasons, such as:
For most couples, the court will assign mediation to work through any issues they can’t agree on. Mediation is a great option for couples, as it helps them retain control over their situations. If mediation doesn’t work, the issues will become the court’s decision.
Mediation is a process where a neutral third party, called a mediator, facilitates healthy communication between spouses to resolve their divorce issues. The mediator doesn’t take sides or make any legally binding decisions. They’re in charge of helping both sides feel heard, allowing them to work out an agreement together.
Both spouses can express how they feel during the mediation process. This can be especially beneficial for divorcing parents, as it can help them maintain healthy future communication for the sake of their children.
During mediation, it’s a good idea to have your Newark complex divorce attorney be present to offer extra legal protection. If couples can agree on their issues, they’ll sign an agreement that becomes a court order.
Compared to the expenses of a public court trial, mediation is usually private and less costly.
When a divorce is filed in New Jersey, the court can decide whether one spouse should pay alimony, also called spousal support.
Alimony is money paid by one spouse to the other to help with living expenses after the marriage ends. These payments can be temporary or permanent. Alimony for marriages under 20 years typically can’t last longer than the marriage itself unless there are unique circumstances. These include serious illness, long-term financial dependence, or sacrifices made during the marriage.
Alimony can be modified or ended if there are major changes in circumstances. These can involve one spouse retiring, losing their job, or having a major change in income.
The court looks at whether the change in circumstances is reasonable and made in good faith. If the receiving spouse lives with a new partner, alimony can also be stopped.
In 2023, the average household income in Newark was $48,416. The ruling on alimony can be life-changing for both parties involved. The court looks at many factors when determining alimony, such as:
Arbitration is where the parties agree not to have the court decide their divorce issues. This is an alternative to court and mediation. The couple must agree on what specific issues will be decided in arbitration. They’ll then hire an independent person, called an arbitrator, to hear the case and make legal decisions for them. During this process, you’ll want to have your lawyer with you at all times.
The collaborative law process is another way to resolve disputes without going to court. In this method, both parties work with their own lawyers to settle the issues. Sometimes, outside consultants are brought in to help, such as financial planners or mental health professionals. If either party decides to file a divorce or dissolution case in court, the collaborative process ends. At that point, the lawyers who represented the parties during collaboration cannot represent them in the court case.
The court may order one spouse to pay for some of the other spouse’s legal fees or professional consultant costs. This is dependent on the specific circumstances involved in the case, such as each spouse’s finances or whether either spouse acted in bad faith. However, a person convicted of trying to kill their spouse cannot have their legal fees paid by that spouse.
When deciding child support, the court looks at many factors. These include the child’s needs, the income of each parent, and the cost of child care. Child support usually continues until a child becomes an adult. However, if the child has a serious disability that makes them financially dependent, support can continue into adulthood.
In complex divorce cases, you want the highest quality in your legal care. What happens during your case can determine the outcome of the rest of your life. Contact the Montanari Law Group today to schedule your first consultation.