Medford Divorce Lawyers
Divorce is never easy, as it often involves emotional and financial challenges—but if you need to file for divorce from your spouse and want to protect your interests, you should strongly consider hiring an experienced Medford divorce lawyer.
At Burnham Douglass, our attorneys have years of experience helping clients navigate the divorce negotiation and separation process. Divorce can be one of the most difficult experiences of your life, but a qualified lawyer can alleviate much of the legal burden.
What Should You Know Before Filing for Divorce?
New Jersey law allows for both no-fault and fault-based divorces.
In no-fault divorces, neither spouse blames the other for the breakdown of the marriage—couples in no-fault divorces often cite irreconcilable differences as the cause of the dissolution.
Fault-based divorces, on the other hand, might involve issues like adultery, cruelty, or abandonment, and one party usually alleges that the other is at fault. The type of divorce you pursue can influence the outcome of your case, especially in areas like property division or spousal support.
Whatever type of divorce you are considering, it is essential to consider whether you want to resolve matters amicably through mediation or pursue litigation. Mediation can work if both parties are willing to negotiate in good faith, but court intervention may be necessary to protect your interests if conflict is likely.
How Is Property Divided in a Divorce?
New Jersey courts divide marital property under the principle of equitable distribution—but “equitable” does not always mean “equal.” Instead of splitting all assets and resources 50/50, the judge will aim for a fair distribution based on factors such as the length of the marriage, each spouse’s financial independence, and contributions during the marriage. The final division may not be mathematically equal, but it will strive to ensure fairness for both parties.
If you and your spouse can reach an agreement outside of court, you may avoid having a judge decide how to divide your property. However, if negotiations fail, the court will decide on the division of your homes, vehicles, retirement accounts, and other valuable assets.
How Is Child Custody Determined?
If you have children, the court will prioritize their well-being, guided by New Jersey’s “best interests of the child” doctrine. This doctrine influences custody decisions, with judges considering factors such as the child’s relationship with each parent, each parent’s ability to provide a stable home, and the child’s needs, including education and healthcare.
Custody can be divided into two types: legal custody and physical custody.
- Legal custody gives a parent decision-making authority over important issues like education, medical care, and social environment.
- Physical custody refers to where the child will live.
New Jersey courts often grant joint legal and/or physical custody, requiring parents to develop a co-parenting plan for decision-making, visitation, and other matters. In rare cases, the court may award one parent sole legal, physical, or both custody.
How Is Alimony Decided?
The court may also award the lower-earning spouse alimony (spousal support) to help them maintain financial stability after divorce. To determine alimony, the court will evaluate factors such as the length of the marriage, the standard of living during the marriage, the financial needs of each spouse, and their earning capacities.
New Jersey courts can award several types of alimony, including:
- Temporary alimony (pendente lite): Provides financial support during divorce proceedings.
- Rehabilitative alimony: Helps the receiving spouse become financially independent, typically until they gain the skills, education, or training necessary for self-sufficiency.
- Limited duration alimony: Provides support for a fixed period, usually not exceeding the length of the marriage.
- Open durational alimony: May be awarded in cases where the recipient is unlikely to achieve self-sufficiency, such as in long-term marriages or where the spouse cannot work due to age or disability.
Can Mediation Help Avoid Court Battles?
Many couples prefer to avoid the conflict and expense of litigation by opting for mediation. In mediation, both spouses work with a neutral third party to discuss property division, child custody, and alimony. This process can result in faster, cheaper, and more amicable settlements.
However, if there is a significant power imbalance between you and your spouse, or if sensitive issues such as domestic violence are present, going to court may be the safer route to protect your rights and safety.
Protect Your Rights and Interests With the Medford Divorce Lawyers at Burnham Douglass
The knowledgeable and compassionate Medford divorce lawyers at Burnham Douglass have helped many clients navigate the divorce process, negotiate settlements, and protect their financial interests. Call 856-751-5505 or fill out our online form for a free consultation. Our offices in Marlton and Northfield, New Jersey serve clients throughout South Jersey, including Evesham Township, Cherry Hill, Camden County, Burlington County, and Atlantic City.
