Burlington County, NJ Divorce Lawyers – Guide to the Process and Your Rights

It is estimated that about 41% of first marriages end in divorce in this country. It can be a challenging experience, bringing various legal, financial, and emotional issues. When facing the end of a marriage, understanding the divorce process in New Jersey is essential for protecting your rights and interests.

Our Burlington County divorce lawyers at Burnham Douglass work closely with clients to address family law issues that come with divorce like asset division, child custody, and alimony, helping them make informed decisions during this difficult time. We proudly serve residents throughout Burlington County, including Marlton, Mount Laurel, Medford, Moorestown, Cinnaminson, and Mount Holly (the county seat), helping them answer common questions like the ones below.

What Are the Grounds for Divorce in New Jersey?

New Jersey recognizes both fault and no-fault grounds for divorce:

• A “no-fault” divorce occurs when spouses agree that their marriage is irretrievably broken, typically due to irreconcilable differences that have lasted at least six months. This option does not require proving that one spouse was at fault, and it often helps to reduce conflict during the divorce proceedings.
• A “fault-based” divorce is when one spouse alleges that the other is responsible for the breakdown of the marriage for specific reasons like adultery, desertion, or physical or mental cruelty. Fault grounds can influence certain aspects of the divorce and might lead to a more contentious process.

How Is Property Divided in a Burlington County Divorce?

New Jersey follows the principle of equitable distribution, meaning that marital property is divided fairly, though not necessarily equally, between the spouses. Marital property typically includes assets acquired during the marriage, such as real estate, retirement accounts, and bank accounts, regardless of whose name is on the title.

When dividing property, the court considers:

• The length of the marriage.
• Each spouse’s age and health.
• The standard of living established during the marriage.
• Each spouse’s income and earning potential.
• Contributions made by each spouse to the marital property.
• Any pre-nuptial or post-nuptial agreements.
• Tax implications for each spouse.

It is important to note that separate property, such as assets owned before the marriage or received as gifts or inheritances, is generally not subject to division. Our Burlington County divorce lawyers can explain all of that in more detail.

What Are the Different Types of Alimony in New Jersey?

“Alimony,” or spousal support, is financial assistance paid by one spouse to the other after a divorce. Such as:

• Open durational alimony is awarded in long-term marriages with no set end date.
• Limited duration alimony is for a specified period to aid financial independence after a shorter marriage.
• Rehabilitative alimony is for education or training to achieve self-sufficiency.
• Reimbursement alimony may apply when one spouse financially supports the other’s career advancement.

The court considers marriage length, the age and health of both spouses, lifestyle during the marriage, and financial circumstances to determine the amount and duration of support.

How Is Child Custody Determined?

“Child custody” decisions in Burlington County focus on the child’s best interests. The court aims to establish a custody arrangement that benefits the child’s emotional and physical well-being.

There are two types of custody: legal custody and physical custody. “Legal custody” refers to the right to make major decisions about the child’s upbringing, while “physical custody” pertains to where the child lives.

Factors considered by the court in determining custody include:

• Each parent’s ability to care for the child.
• The stability of each parent’s home environment.
• The child’s relationship with each parent.
• Any history of domestic violence or substance abuse.
• The child’s preferences, depending on age and maturity.
• Each parent’s willingness to cooperate in matters regarding the child.

Parents often share joint legal custody, allowing them both to make important decisions for the child. However, one parent may be awarded primary physical custody, while the other may receive “parenting time.” Our Burlington County divorce lawyers can help you seek the custody arrangement that best meets your family’s needs.

How Long Does It Take to Finalize a Divorce in Burlington County?

The timeline for finalizing a divorce in New Jersey depends on the specifics of the case. An uncontested divorce, where both spouses agree on all issues, can be completed in as little as a few months. In contrast, a contested divorce, where disagreements need to be resolved through litigation, can take a year or longer.

Divorce proceedings officially begin when a complaint for divorce is filed. The complaint is then served on the other spouse, who must respond. After all issues are resolved and agreements are formalized, the court will issue a final divorce decree.

Can a Divorce Agreement Be Modified After the Divorce Is Finalized?

Yes. Common reasons for modification include changes in income, job loss, relocation, or children’s needs. Both child support and alimony arrangements can be revisited to reflect these changes as long as the requesting party provides evidence of the altered circumstances.

You must file a motion with the court for any modifications. If both parties agree on the changes, the process may be quicker and less contentious than a contested modification.

What Makes a Divorce in Burlington County Different From Other New Jersey Counties?

While New Jersey divorce law applies uniformly across the state, Burlington County has specific local rules and court practices that may affect your case.

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Key Takeaways

Burlington County courts, particularly those in Mount Holly, tend to emphasize mediation and settlement conferences early in the divorce process to reduce courtroom backlogs. Additionally, Burlington County has established local practices regarding child custody evaluations and the role of child advocates in custody matters. These local nuances can significantly impact the efficiency and outcome of your divorce proceedings.

Frequently Asked Questions About Burlington County Divorces

How much does a divorce cost in Burlington County, NJ?

The cost of a divorce in Burlington County varies depending on whether your case is contested or uncontested. An uncontested divorce may cost $1,000–$3,000 in legal fees, while contested divorces can range from $5,000–$20,000 or more, depending on complexity and litigation length. Court filing fees and other costs apply in addition to lawyer fees. We provide transparent fee estimates and work to resolve matters efficiently when possible.

Can I file for an uncontested divorce in Burlington County?

Yes. If you and your spouse agree on all key issues—including property division, custody arrangements, and support—you can file for an uncontested divorce. This process is significantly faster and more affordable than a contested divorce. Both parties must complete the necessary paperwork and file it with the Burlington County Family Court.

Do I need to appear in court in person?

In many uncontested divorces, you may not need to appear in court. However, in contested divorces or if a judge requires it, you will likely need to appear in person at hearings or trial. The specific requirements depend on your case circumstances and the judge’s preferences.

How is the court date scheduled in Burlington County?

Court dates in Burlington County are typically scheduled by the court clerk’s office once all initial filings are complete. You will receive notice of your court date by mail. In contested cases, your lawyer may request specific dates, and the court will work to accommodate your scheduling needs based on the judge’s availability and courtroom capacity.

How Can a Burlington County Divorce Lawyer Help Me?

Our Burlington County divorce lawyers can explain your legal rights and responsibilities. They can guide you through the divorce process, prepare necessary legal documents, and represent you in court if needed. We can also assist with negotiations related to child custody, alimony, and property division, potentially facilitating a fairer and more favorable outcome.

Some specific tasks a lawyer may perform include:

• Advising on divorce strategy and potential outcomes.
• Drafting and reviewing legal documents.
• Representing clients in mediation sessions or court hearings.
• Compliance with court orders and deadlines.

Whether you have already started the process or are considering a divorce, our Burlington County divorce lawyers can help you fight to protect your rights and work toward a fair resolution.

• Burlington County follows equitable distribution principles. Property is divided fairly but not necessarily equally, based on multiple factors including marriage length, income, and contributions.
• Custody decisions prioritize the child’s best interests. Courts consider each parent’s stability, the child’s relationship with each parent, and the willingness to cooperate.
• Local court practices matter. Understanding Burlington County’s specific procedures and judge preferences can expedite your divorce and improve outcomes.
• Modification is possible post-divorce. Child support and alimony can be revisited if circumstances change significantly.
• Timeline varies by case type. Uncontested divorces may take months, while contested divorces can take a year or longer.
• Professional guidance is invaluable. An experienced Burlington County divorce lawyer protects your rights and facilitates fair resolutions.

Speak With Our Experienced Burlington County Divorce Lawyers at Burnham Douglass for More Information Regarding the Divorce Process

If you are facing a divorce, our Burlington County divorce lawyers at Burnham Douglass can help you understand the legal landscape and protect your rights. For a free consultation, call us today at 856-751-5505 or submit our online form. With office locations in Marlton and Northfield, New Jersey, we proudly serve clients throughout the state.