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WHAT TO EXPECT DURING DIVORCE: MEN'S EDITION

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New Jersey Divorce Lawyers

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Help for All Aspects of Divorce in NJ.

New Jersey Divorce Lawyers

Divorce is one of life’s most stressful and emotionally draining experiences.

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It involves major determinations about assets and debts, who will stay in the family home and, most importantly for many people, child custody, child support issues, and financial decisions like do I have to pay or will I receive alimony and what happens to my business and brokerage accounts?

The experienced attorneys at [MFR] Men’s & Fathers’ Rights Divorce Lawyers in Hackensack advise clients through every aspect of divorce. Our New Jersey divorce attorneys can deal with all legal hurdles and provide guidance to help prevent mistakes that could affect your future and that of your family for years.  We will be at your side and fight for your rights throughout the divorce process. We effectively handle all types of divorce, including complex high-net-worth divorce cases.

To arrange an initial case evaluation with a New Jersey divorce lawyer, call us today at (201) 880-9770.

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Why Choose Our Law Firm?

Our law firm strongly advocates for men’s legal rights. But this does not mean we are anti-woman. While we will always put your interests first when we represent you, we strive to settle the details of divorce in a way that is fair for both parties.

  • Firm founder Carrie S. Schultz is a highly respected lawyer who is certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney.
  • Our attorneys have decades of legal experience helping individuals beneficially navigate divorce.
  • We practice only in divorce and family law, so are not distracted by other legal areas.

Visit our reviews page to see what previous clients have to say about our services.

Skilled Divorce Attorney In New Jersey Explains The Law

New Jersey has complicated laws that govern divorce, and the outcome will affect you and your family for years, so this is something you should not attempt to go through on your own. Our divorce lawyers can help you understand the issues and what they will mean for you and your family.

WILL YOUR DIVORCE BE CONTESTED OR UNCONTESTED?

Divorces can be either contested or uncontested. If you can resolve all of the issues with your spouse — such as dividing assets, child custody, child support, and alimony — it is considered an uncontested divorce.

However, seemingly uncontested divorces often turn into contested ones. Even if you reached a settlement agreement by negotiating directly with your spouse, we urge you to consult our divorce lawyers to review the proposed agreement and ensure that your rights are 100 percent protected or you didn’t accidentally miss an issue that is important and that the Judge may ask at the divorce hearing. We can also help you through the negotiation process and provide the advice you need to ensure fair results.

If the divorce is contested, that means you cannot work out an agreement with your spouse on some or all of the issues. In this case, those specific issues will be made by the New Jersey court or maybe before that point, a mediator could help bridge the gap between your two positions. Our experienced trial attorneys can represent you to make sure all your rights are protected and that you are not giving up too much or taking too little, or vice versa.

GROUNDS FOR DIVORCE IN NEW JERSEY

In New Jersey you can file for divorce based on fault or no-fault grounds.  Most couples choose to file a “no-fault divorce” by citing irreconcilable differences. This is helpful for several reasons, including avoiding having to prove the other spouse did anything wrong and not having to air out your dirty laundry in public.

In rare cases, after getting advice from an experienced divorce attorney, you may choose to file based on a specific type of fault. N.J.S.A. 2A:34-2 allows you to file for divorce on the grounds of:

  • Adultery
  • Desertion
  • Extreme cruelty
  • Drug or alcohol addiction
  • Institutionalization for mental illness
  • Imprisonment
  • Deviant sexual conduct
  • Separation lasting over 18 months.

If you choose one of the above reasons to file for divorce, you should be forewarned that it could make the divorce more emotionally contentious.  That said, there may be very good strategic or legal reasons to do so. A divorce attorney in New Jersey from our firm can review the facts of your particular situation and help decide what option is best for you.

How We Will Help You

Our New Jersey divorce attorneys will guide you throughout the entire process. Following is an overview of some of the ways we will help you.

FILING FOR DIVORCE

If you are ready to file for divorce, we will determine if and in what New Jersey county you should file. To file, you or your spouse must have lived in the state for at least one (1) year, unless the grounds are adultery — then the residency requirement is a minimum of six months. You must file in a county where you or your spouse resides. We represent individuals filing for divorce in Bergen County and surrounding counties, including Passaic, Morris, Hudson, Essex, and Middlesex.

SERVICE OF PROCESS

Once you file, we will ensure that your spouse, or their attorney, is properly served. At this point the court will accept your request for divorce so that your court case can begin. There are plenty of things we can do and talk about prior to that, so don’t think that you have to formally file for divorce to start a divorce matter.

CONFERENCE BETWEEN THE PARTIES

After the case starts, we will work closely with you to identify all the issues that need to be decided.  Once that is finalized, we will begin negotiations with your spouse and their attorney to try to find solutions to the issues. If you and your spouse can agree to a compromise that you both can live with, the attorneys will draft a document called a “Marital Settlement Agreement” for you and your spouse to sign.

If you and your spouse cannot come to a compromise on some or all of the issues, mediation would likely be appropriate to help bridge the gap. We can advise you about the mediation process.

Issues To Be Decided In New Jersey Divorce

We will protect your interests in the following:

  • Property and debt division — New Jersey is an equitable distribution state. This means the court may divide marital assets and debt in an equitable manner, which does not necessarily mean a 50/50 split, after considering a variety of factors as listed in N.J.S.A. 2A:34-23.1.
  • Child custody and visitation — In New Jersey, the general policy of the law is to assure children frequent and continuing contact with both parents. The law views the custody rights of both parents as equal, regardless of gender. Decisions are made based on the best interests of the child.
  • Child support – Our law firm represents parents ordered to pay support as well as parents seeking to obtain it. We can help you understand how the state’s child support guidelines apply to your situation.
  • Alimony and spousal maintenance – There are different types of alimony the court may award after considering many factors. If alimony is a concern in your case, we will work to ensure a fair outcome.

These issues can become contentious if not sensitively handled. We seek to resolve divorce concerns in the least stressful way possible.

New Jersey Divorce Attorney Answers FAQS

Here are general answers to just a few of the questions we frequently receive.

The amount of time your divorce will take depends on the complexity of your case and the time you and your spouse need to resolve all of the issues between you. Most divorces are concluded in less than a year. However, if there are hotly contested issues, a divorce could certainly take longer than a year, especially if it goes to trial or there are financial (business) or child custody or child visitation best interest experts involved.

In New Jersey, it is possible to file for a no-fault or a fault-based divorce. The law allows for a no-fault divorce when irreconcilable differences have caused the breakdown of the marriage for at least six months, and it appears there is no reasonable prospect of reconciliation. You can also file fault-based grounds for divorce which include things such as adultery, willful and continued desertion, drug addiction, extreme mental cruelty, imprisonment, and deviant sexual conduct. There are pros and cons depending on your situation strategically as to making the decision to file no fault vs. fault; they are also not mutually exclusive concepts. Meaning, you could file under both.

In an uncontested divorce, the spouses agree in advance with respect to all of the legal issues involved in ending their marriage. If spouses disagree on one or more issues, it is called a contested divorce until an agreement is reached. Many people think they agree on everything but overlook important issues an attorney will flag, such as life insurance or college contributions.

No. There is no formal legal separation in New Jersey. You may live separately, but doing so without a plan could disadvantage you later. Speak with a qualified attorney before separating.

It is not possible to get a divorce online in New Jersey. You must go to court or have your attorney appear as your agent.

Yes. The biggest risk is overlooking a key issue or agreeing to a settlement that cannot be undone later. At least consult with an attorney before signing anything.

Voluntary mediation can be effective, but it is not for everyone. Some couples cannot agree regardless, and in those cases, the formal court process may provide clarity before returning to mediation.

Some information becomes part of the public record, though accessing records requires a process. Certain portions remain confidential.

No. New Jersey is an equitable distribution state. Assets and debts are divided fairly, not necessarily equally. Factors vary, though long-term marriages often begin with a 50/50 baseline.

Marital property includes assets and debts acquired during the marriage; separate property existed prior to marriage. Many exceptions apply, so speak with an attorney.

Not necessarily. Options include selling, buyouts, or other agreements. Value minus associated marital debt is used to determine each spouse’s share.

First determine if it is marital or separate property. If marital and disputed, the judge may decide who gets it—or decide neither should.

A business may be marital or separate property. If marital, valuation is needed to determine each spouse’s share. Business-related divorces are complex; expert guidance is critical.

Retirement assets are classified as marital or separate. Some require valuations and QDROs to divide properly.

Generally yes, but not guaranteed. An attorney should review to ensure proper language and protections.

Sometimes, yes. Fraud, duress, or unconscionability may be grounds to void an agreement. Advance planning reduces challenges.

Divorce triggers COBRA eligibility for up to 36 months. Cost and coverage should be negotiated as part of settlement terms.

Alimony is based on statutory factors, not formulas. Couples often have flexibility to negotiate terms.

New Jersey uses “open durational alimony.” Eligibility depends on many factors. Speak with an attorney regarding your situation.

Child support starts with the NJ Child Support Guidelines using incomes, parenting time, insurance, and childcare. Deviations may apply.

New Jersey parents must contribute to college costs. Settlement negotiations determine contributions, sources, and savings responsibilities.

Custody decisions are based on the “best interests of the child,” using 14 statutory factors.

By law, no parent is favored. However, perceptions of bias sometimes still arise.

Mediation is usually the next step. If unsuccessful, court intervention or expert evaluation may be needed.

You may petition the court to enforce the agreement. Clear and detailed agreements help reduce disputes.

A significant change in circumstances must exist. Try negotiation first, then court if necessary.

Loss of income may qualify as a significant change in circumstances. Proper legal strategy is crucial before filing.

A DNA test establishes paternity. Always confirm before paying support, as payments cannot be reimbursed.

Yes. Allegations can affect custody and visitation. False accusations require strong legal rebuttal.

You must comply fully to avoid jail. Final restraining orders impact custody and visitation.

You must petition the court for dismissal.
If you cannot agree on a settlement, then the only way to resolve outstanding issues between you and your spouse is for the judge to decide in a trial. There is a lot of preparation required in advance of the actual trial date, and the trial itself before the judge could be conducted over weeks, months, or even years! Our divorce lawyer in New Jersey will stand up fiercely for your rights if your case goes to trial but first attempt all other avenues to try to get you and the other side to agree.  It is well known that having a say and controlling the outcome of an agreement is always better than having a stranger (the Judge) make these important decisions for you even if the agreement is not exactly what you wanted.  It just has to come close enough.

The answer to this question is “maybe.” If you feel the Court’s decision was made in error, you may want to consider filing an appeal of that decision. However, there are certain legal requirements to do so and it typically cannot be just because you are unhappy.  The Judge must have erred by misapplying the law or some overt bias. Our New Jersey divorce lawyers can counsel you as to whether you have a case that can be appealed and your likelihood of winning.

Contact us directly to have your specific concerns addressed.

Call Our New Jersey Divorce Lawyer For Help

Our attorneys at [MFR] Men’s & Fathers’ Rights Divorce Lawyers can handle all legal hurdles to help you get through the process as smoothly as possible. We will educate you about your legal rights and what you should do to protect yourself from getting railroaded by your spouse or the legal system. If your situation is complicated, we are tough litigators who have built a strong reputation for handling difficult and fact-specific cases. We thrive on untangling complicated matters.

Call (201) 880-9770 to arrange a confidential case evaluation.

Client Testimonial

“I recently just moved to USR NJ, and I have never found a Law Firm quite like this. Let me start with Garrett — I wanted to thank you for listening to my concerns with empathy and providing the concerns in a clear concise matter to Carrie. I love your energy Garrett! You were very professional, responsive, and empathetic. Carrie — like I said in our Kick Off Call, ‘WHERE HAVE YOU BEEN HIDING?’ I wish I found you years ago. You provided me with CLARITY AND A GAME PLAN! Thank you so much and I look forward to working with you and your Firm.”
— Samantha Suarez (Google Review)


ATTORNEY BIO

Carrie S. Schultz, Esq.

Thank you for visiting our site. We realize that if you are reading this, you or someone you know is having marital or family difficulties. We truly understand how unsettling that can be for all involved. I personally want to invite you to explore the website which contains a lot of informational and educational items which I hope is of benefit to you. I also welcome you to contact us to schedule a case evaluation to discuss your matter in greater detail. Our firm philosophy is to always remain committed to providing our clients with the best service, care, guidance, communication, and legal advice possible for your particular situation. We take seriously you entrusting us with your legal matter. Happy researching!

Divorce & Family Lawyers of New Jersey
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