Passaic County Divorce Lawyer

Divorce Attorney In Passaic County

Divorce is a life-altering decision, a single moment in time in which the trajectory of your life changes forever. The prospect can seem intimidating and overwhelming, requiring you to wade through the life you shared with your spouse and to address a myriad of significant issues with long-term implications. From alimony to the division of assets, child custody to child support, these questions must be answered, and at times, there simply isn’t a simple one. The financial and emotional toll of divorce looms large, and you may feel alone and unsure as to how best to move forward. Your best decision at this moment is to enlist a knowledgeable and experienced divorce attorney, one who can serve as your guide and your champion, helping you to navigate through the complex legal process of divorce and aggressively advocating for your interests at every turn.

At The Montanari Law Group, our legal team is equipped to address every facet of your divorce. Having assisted clients in Wayne, Little Falls, Woodland Park, and throughout Passaic and Essex counties, we have earned a reputation as skilled and unwavering legal counselors. With our knowledge and experience, there is no situation for which you will not be prepared during the divorce process. To discuss your case with one of our seasoned New Jersey divorce attorneys, contact us today at 973-233-4396 or toll-free at 888-877-7985 for a free consultation.

Initial Considerations in a New Jersey Divorce

When you choose to divorce, you are legally dissolving your marriage, terminating your marital relationship in the eyes of the law. In New Jersey, the divorce process requires you to make many more decisions en route to a final divorce decree, from what grounds you will cite for the divorce, to the avenue you will pursue toward resolution, to the specific arrangements you will make with regard to finances, property division, and if applicable, your children. Some of the critical choices during divorce in New Jersey are outlined below.

Grounds for Divorce

You must decide whether to pursue a “fault” or “no-fault” divorce. New Jersey provides both options, each of which has pros and cons. If you elect to pursue a “fault” divorce, you must cite specific grounds. New Jersey recognizes a wide range of grounds for divorce, including adultery, domestic violence, abandonment or desertion, incarceration, substance abuse, and extreme mental cruelty. Conversely, if you choose to pursue a “no-fault” divorce, you must select one of two applicable avenues: “irreconcilable differences” or separation for a period of 18 months prior to the divorce filing.

Venue for Divorce Proceedings

Depending on your specific situation, negotiation, litigation, or some form of Alternative Dispute resolution such as mediation, arbitration, or collaborative divorce may provide your best venue for reaching a resolution. The factors that may influence your decision include financial constraints, time efficiency, whether or not children are involved, the level of contentiousness between you and your spouse, and your willingness to compromise.

Key Issues Decided in a Divorce

Division of Assets

New Jersey operates under an “Equitable Distribution” model, which involves the fair distribution of marital property. Notably, equitable does not necessarily mean equal. Additionally, equitable distribution only applies to marital property, as opposed to separate property. Marital property involves the property acquired by one or both spouses during the duration of the marriage. Property that was acquired prior to the marriage is generally excluded from the division of assets of process.

Alimony

Alimony, or spousal support, is the financial relief provided from one spouse to another. The purpose of alimony is to allow both spouses to maintain a standard of living similar to that which they enjoyed during the marriage. Alimony may or may not apply in every case, and the amount of alimony awarded is highly variable. Unlike child support, there are no strict guidelines that govern alimony determinations, so alimony awards or difficult to anticipate. In some cases, you and your spouse can arrive at an alimony arrangement through negotiations to avoid placing the decision in the hands of the court for an uncertain outcome.

Child Custody

If you and your spouse share children, arriving at a favorable child custody arrangement that serves the children’s best interests is essential. Considering the demands of your job and that of your spouse, your previous roles in childcare, the children’s schedules, where you and your spouse plan to live, and many other factors will help you to arrive at a co-parenting plan that is best for everyone involved. Of course, in some cases, this is simply not an option, at which time you and your attorney may need to wage an outright legal battle for the best interests of your child.

The Divorce Litigation Process in New Jersey

First and foremost, it is important to note that the vast majority of New Jersey divorces settle before proceeding to trial. In fact, the entire divorce process is structured to encourage divorcing couples to come to their own agreements without having pursued traditional litigation. Before a trial date is scheduled, you and your spouse are required to submit to a host of pre-trial stages, including the Early Settlement Panel, Economic Mediation, Child Custody Mediation (if applicable), and an Intensive Settlement Conference.

Although New Jersey provides a multitude of opportunities to reach a settlement, and divorce attorneys can work with one another throughout the divorce process to negotiate a settlement that is agreeable to both parties, there are cases in which these efforts will simply not produce a result. For example, in a contested divorce in which one party filed the initial complaint about divorce on one of the accepted grounds for divorce, such as addiction or domestic abuse, disputes over these allegations may require a trial. In other cases, significant disagreements over child custody or equitable distribution of property may make litigation a necessity. If you do choose to pursue divorce litigation, the following is an outline of what to expect.

Temporary Orders

Temporary orders, known as Pendente lite, may be issued to effectuate the prompt establishment of alimony, child custody, and child support while the divorce progresses.

Discovery

The discovery portion of the divorce includes interrogatories, taking depositions, notices to produce, an employability expert, a mental health expert to evaluate the parents and children if necessary, a forensic accountant, a property appraiser, and a request for admissions. These tools are used to obtain the most detailed information about the household’s financial and mental health. Discovery includes both parties’ CSI (Case Information Statement), a multiple-page document listing all assets, debts, monthly expenses, and current and past income.

Parent Education Program & Child Custody Mediation

Child custody is one of the most contested aspects of a divorce in litigation. Unfortunately, some parents use the custody of their children as a tool of revenge against their ex. That is why both parties are required to attend a parent educational seminar. Mediation is court-ordered to resolve any child custody issues before the court will set a date for trial.

Early Settlement Panel (ESP)

The Early Settlement Panel (ESP) is the next step in the divorce process. It consists of two or three experienced family law attorneys with at least five years of experience who are appointed by the court to hear divorce cases. The process is completely impartial, as these chosen attorneys are not associated with either party. Both sides submit written statements summarizing their case, highlighting the dispute. Both parties and their respective counsel will present their side. The panel will make non-binding recommendations to settle all or most sticking points before the divorce goes to trial. If the parties reach an agreement, the panel will draw up a Memorandum of Understanding (MOU) outlining the agreed-upon terms. The judge is tasked with reviewing the proposed settlement, endorsing that it is fair, and including the agreements in the final settlement if they so choose. If there is no agreement after the ESP, litigation will follow.

Pre-Trial Submissions

After the court enters an Order Setting Trial Date, it will require attorneys for both parties to submit Pre-Trial Submissions, which include exhibits, lists of witnesses, and trial briefs. Pre-Trial Submissions provide the court with an initial overview of the facts of your case and the general information that your attorney will be presenting at trial. For example, he or she may be relying on expert reports from real estate appraisers, business valuation experts, forensic accountants, or psychologists who specialize in child custody. These experts will also likely be included in your witness list.

Trial in Family Court

The actual length of your divorce trial will depend on your specific case. At times, these trials conclude within a few days. In others, they extend for lengthy periods of litigation. Both parties will present their evidence, including documents and witness statements. Witnesses can attest to lifestyle, economic issues, and child custody matters. All witnesses will provide direct testimony, be cross-examined by the defense, and redirected by the plaintiff’s counsel.

There are many experts who can be helpful in your divorce trial. A forensic accountant may be an integral part of some divorce litigation. They can search for hidden assets, analyze financial documents, determine future earnings and costs of a business, separate shared from individual assets, provide expert testimony in court, and help your lawyer prepare questionnaires and depositions. Child psychologists can advise on the best way to proceed in terms of custody. A vocational expert can testify to the value of each party’s possible earning capabilities and any additional required training or education. A private investigator could be used to uncover parental instability, substance abuse, or unfit living conditions, as well as hidden assets or business dealings. A licensed therapist can provide testimony about trauma, anxiety, or abuse in the marital relationship.

Once all evidence is presented, witnesses are heard, and arguments are made, the court will review all of the information and issue a Final Judgment of Divorce. This final judgment is accompanied by an opinion, in which the Judge outlines his or her logic in making determinations. At this point, you are legally divorced. However, both parties have the right to file a motion for reconsideration or an appeal if they believe the outcome is unjust.

Post-Trial Appeals

Appeals in divorce cases can relate to any aspect of the decision: custody, support, alimony, or asset distribution. You cannot request that the entire divorce decree be overturned, nor can you present an appeal because you disagree with the ruling. You can appeal due to a misinterpretation of the law, excluding evidence, making a decision with little evidence, judicial misconduct, or other circumstances, based on the informed legal guidance of your attorney.

Divorce litigation has many complicated parts and every procedure must be addressed appropriately. Throughout this process, your divorce attorney can serve as an invaluable asset, ensuring that your rights and interests are protected.

Deciding if an Expert Witness is Worth it for Your New Jersey Divorce

Divorce in New Jersey is a delicate matter. There are a number of factors that must be taken into consideration in a divorce in order to reach a positive outcome that equitably divides marital assets, provides spouses with alimony/spousal support if appropriate, and demonstrates the best interests of any involved children by determining a custodial arrangement and child support that give them the best chance of having a quality relationship with both parents.

In order to reach a divorce agreement that has thoroughly investigated the marital circumstances to determine a reasonable outcome for both spouses and children, expert witnesses are often called by one or both spouses’ lawyers to provide the Superior Court judge with sufficient information to make a qualified decision. If you are getting a divorce in New Jersey, it is essential to learn more about the particular types of expert witnesses that are used in a divorce case and what issues they may influence.

Divorce is a complex matter to handle that requires the knowledge and experience of those walking by your side during the entire process. The more advice you get, the more confidence you will gain when making a decision. Being supported by top-notch divorce lawyers at The Montanari Law Group, LLC will give you a vantage point; and if on top of that, you are presented with qualified divorce expert witnesses, your chances of proving your version and vision for the future in a divorce can increase significantly.

Access the accumulated experience of our team of New Jersey divorce lawyers by calling 973-233-4396 or visiting our online contact option. Our firm provides representation and free consultations to clients in Newark, Fort Lee, Glen Ridge, Prospect Park, Montvale, Clifton, Wayne, and throughout NJ.

Types of Divorce Experts that may Help Prove Your Case in NJ

When it comes to a New Jersey divorce, there are many areas of import to which an expert may speak. An expert may be brought in to provide insight into one party’s financial situation, their professional outlook, the value of marital properties or a partner’s self-owned business, their medical condition or disabilities, children’s best interests when it comes to custody and parental visitation, or investment standings.

In complex divorces in which there are a multitude of assets, an expert witness may be called to support appraisal. This can be used for the purposes of equitable distribution. Additionally, if it appears that one spouse is hiding information, assets, or has a history of domestic violence or drug addiction, an expert may be included in the discovery process or called to testify in Court.

Here, we’ll talk about three main areas in which a spouse’s family lawyer may like to call an expert witness. An expert witness may be summoned to provide testimony about the best interests of the couple’s children based on familial circumstances, the state of the couple’s finances, and assets, including property.

• A child expert or family therapist is a psychologist or social worker who can provide invaluable, nuanced insight into the best interests of the child when it comes to custody and parenting time arrangements.
• A financial expert is someone who provides insight and information into the financial status of one or both parties’ finances or business ventures.
• A real estate expert provides information and appraisal of the couple’s marital home, rental properties, and other real estates that one or both own.

Three Main Types of Divorce Expert Witnesses and What they do in New Jersey

A child expert is experienced in ensuring the child’s safety in the case that physical or psychological abuse has been alleged in the home, the child or a family member has experienced domestic violence, or one parent has a drug addiction or criminal record. The New Jersey Superior Court: Family Part holds as a central pillar the best interests of the child in all rulings regarding divorce. The Court considers that maintaining a healthy relationship with both parents is key to the child’s socioemotional development. In the case that domestic violence or drug abuse has been alleged in the home, a child psychologist or social worker may be called in to witness and interview the child and other family members to provide their expert opinion regarding the child’s best interests when it comes to custody.

A financial expert speaks to one or both partners’ finances and investigates accounts to support determination of the equitable distribution of assets, including savings and investment accounts. A financial expert could be a financial accountant or a forensic accountant, whose job is to take a deep investigative dive into a spouse’s financial portfolio to determine if they are hiding assets or to appraise the value of their self-owned business for purposes of fair asset distribution.

A real estate expert is specifically called in to appraise the value of the couples’ marital properties also in service of supporting the equitable distribution of assets.

Make Sure You Have the Correct Experts on Your Team

Having appropriate experts is essential to ensure that the couple, their lawyers, and the Superior Court judge have a complete understanding of the financial, material, and relational circumstances at hand in order to come to a fair and equitable settlement. In the absence of these expert witnesses and investigations, especially in the case of a hostile divorce litigation, information is often hidden that affects the propriety of the divorce settlement.

Speak with Skilled New Jersey Family Lawyers Connecting You with Qualified Divorce Expert Witnesses in Passaic, NJ

Having a qualified and experienced lawyer is an essential element of any divorce process. At The Montanari Law Group, LLC, our divorce lawyers can help you determine the need for expert witnesses during the initial discovery process or to provide Court testimony. Your main role as a client is to provide us with as much information as possible. We can listen, review all of documents and details you provide, know which information to request about your spouse’s affairs, and be prepared to call in an expert witness to investigate and speak to the status of your financial, material, or familial circumstances or those of your spouse as necessary.

Our New Jersey law firm has dedicated years of practice to effectively, compassionately, and tirelessly assisting divorcing individuals in Wanaque, Bayonne, Woodland Park, Kearny, Wyckoff, and across Essex County, Passaic County, Hudson County, and Bergen County, in setting them up with expert witnesses to provide investigative and nuanced support. We’re committed to making sure you feel empowered and confident that your own and your family’s best interests are protected in a divorce.

Exploring Strategic Divorce for Legal and Financial Gain in New Jersey

Our Experienced Lawyers Will Guide You Through the Key Considerations when Deciding if Strategic Divorce is Right for Your Needs in Northern New Jersey

If you hear that a married couple you know is divorcing, you may naturally wonder why and theorize some common reasons like adultery, communication breakdown, fights about addiction or finances, or simply growing apart emotionally and physically. However, there are some couples who choose to divorce for strategic, legal, and financial reasons even when their relationship is happy and their romance is alive. These atypical yet increasingly frequent types of marital dissolutions are known as “strategic divorces.”

New Jersey couples may have various motives for choosing strategic divorce, making it vital to seek knowledgeable legal guidance. At The Montanari Law Group, our divorce attorneys offer the insights necessary for informed decisions. We proudly assist clients across Ridgewood, Newark, Fort Lee, Montvale, Montclair, Caldwell, West Orange, and statewide. Contact us at 973-233-4396 for a complimentary consultation.

Harnessing Strategic Divorce for Legal and Financial Objectives

A “strategic divorce” is a carefully planned legal dissolution of a marriage, not because the spouses have necessarily fallen out of love or have irreconcilable differences, but because they seek to gain some type of legal or financial benefit from divorce. These advantages frequently involve some kind of tax benefit, financial planning, or asset protection. Essentially, a strategic divorce is a tool used to navigate a legal or financial challenge or objective.

A “strategic divorce” differs from typical divorces that are based on personal reasons in that the motivations and intentions behind the decision and even future plans for the relationship itself are completely different. Whereas traditional divorces are usually initiated based on more emotionally based reasons, abuse, infidelity, or some other personal reason, couples generally agree to pursue a strategic divorce to achieve a legal or financial benefit and may even plan to remarry in the future or continue their romantic relationship and/or life partnership while legally divorced.

Diverse Motivations for Strategic Divorces in New Jersey

Both the motivations and advantages of a strategic divorce often differ based on the financial situation of the couple. Wealthy couples may reap more benefits from strategic divorce in the way of asset protection from creditors or lawsuits, whereas lower income couples may find that they qualify for more government assistance programs or better health care insurance options by pursuing a strategic divorce.

For Higher-Income Individuals

For higher-income couples and those with substantial assets, divorce could be a strategic tool in protecting assets that may be vulnerable to creditors or legal judgments, allowing the couple to rearrange ownership of their assets in a way that shields these assets from collection. These types of couples may also seek a strategic divorce for tax purposes. While the vast majority of married couples in the United States experience tax savings by filing their taxes jointly, if both individuals are high earners, they may actually experience what is known as a “marriage penalty” of higher taxes than if they were unmarried.

You may wonder, why wouldn’t such a couple just file as “married filing jointly” instead of going through the process of a strategic divorce? Well, due to the complexities of our tax code, there are several notable disadvantages and limitations to a married filing jointly tax status, including loss of eligibility for the earned income tax credit, child care tax credit, and deduction for student loan interest. In addition, the Roth IRA income phase-out range is much lower for those filing as married filing jointly. Finally, because income tax brackets are compressed for those filing as married filing jointly, these individuals may actually be subject to higher taxes.

For Business Owners

Strategic divorce can also serve as a valuable tool for business owners to protect their assets from lawsuits or bankruptcy by transferring ownership of the assets they wish to protect from business liabilities to the other spouse during a divorce. By doing so, the assets will no longer be marital assets potentially subject to collection or liens of the former spouse’s business liabilities.

For Low-Income Earners

Lower income couples may consider pursuing a strategic divorce in order to gain access to government assistance or affordable health care insurance like Medicaid or other income-based plans. By divorcing, one or both spouses may become eligible for such plans based on their individual income rather than the household income of both spouses combined. If one spouse is suffering from a serious health issue and the couple either does not have healthcare insurance because they cannot afford it or what they can afford is inadequate to cover their expenses, a strategic divorce can be a critical move in obtaining access to medical treatment without overwhelming costs. Married couples who are middle class or lower middle class and do not have health insurance through their employer often struggle the most in this area, as premiums for private healthcare insurance can be prohibitively expensive, but their household income is too high to qualify for Medicare or more affordable, income-based health care plans.

With rising inflation and wages that do not keep up, many families are also struggling to make ends meet and even purchase groceries. Married couples who earn just over the maximum income to qualify for food stamps often suffer the most as their household income may render their purchasing power actually lower than families who receive food stamps. In these situations, a couple may consider a strategic divorce simply to qualify for such programs; however, it is important that they consult with a lawyer and determine the full financial consequences of that decision before moving forward.

For Funding Education

Finally, middle class and lower middle class families who need more financial aid to educate themselves or their children may find that a strategic divorce opens doors to more funding options for those opportunities. Certain federal programs like the Pell Grant are income based and, even if a college student is pursuing higher education independently, their parents’ financial information is generally required for the application and can potentially render the child ineligible for such assistance. Therefore, some couples may see divorce as a strategic move to invest in long-term education opportunities for themselves or their children.

Potential Social and Emotional Fallout of Strategic Divorce

Of course, every couple’s situation is unique, and strategic divorce is certainly not an option that is appropriate in every case or an option that every couple would be willing to consider, even if beneficial. There are potential downsides to going through a divorce for legal or financial reasons, many of which are unique to the atypical motivations behind a strategic divorce. Whereas in a traditional divorce, there can be a tremendous financial downside to getting a divorce and dividing all of your assets, many couples who choose to go through a strategic divorce have determined that they will experience a net financial benefit in some way. However, this is not always the case, and there could be unidentified financial consequences to a strategic divorce that the couple has not considered.

There may also be social and emotional consequences to a strategic divorce. Even if a couple still intends to remain life partners, a divorce for any reason can put an emotional strain on a couple and their family. There is a lot of social stigma surrounding divorce, and even if it is just subconscious, the shift in marital status can cause some individuals to feel less secure in their relationship for various reasons.

Speak with Strategic Divorce Lawyers to Navigate Your Situation in NJ

Before you consider a strategic divorce, it is very important to consult with an experienced divorce attorney. Fortunately, our legal team at The Montanari Law Group is here for you. Not only can we help you to navigate through the legal process of a divorce if you choose to pursue that option, but our divorce lawyers will take a holistic look at your family and financial situation and help you to fully understand all of the potential implications, benefits, and downsides to this decision.

FAQ’s

Contact our Passaic County Divorce Lawyer for a Free Consultation

To speak to dedicated, experienced Passaic County divorce attorneys about your divorce or legal separation, contact us at 973-233-4396 or toll-free at 888-877-7985 for a free initial consultation. Our Little Falls office is conveniently located next to major highways with access to public transportation. Flexible payment options are available.