Burlington County Divorce Lawyers
It is estimated that about 41 percent 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.
The Burlington County divorce lawyers at Burnham Douglass work closely with clients to address issues
like asset division, child custody, and alimony, helping them make informed decisions during this difficult time. The questions and answers below provide valuable insights to help you know what to expect.
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 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.
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, and 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.
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.
Speak With the Experienced Burlington County Divorce Lawyers at Burnham Douglass for More Information
If you are facing a divorce, the Burlington County divorce lawyers at Burnham Douglass can help you understand the legal landscape and protect your rights. For a free consultation, call our Marlton and Northfield, New Jersey offices at 856-751-5505 or submit our online form. We serve clients in South Jersey, including Evesham Township, Cherry Hill, Camden County, Burlington County, and Atlantic City.