When facing a divorce, you may be tempted to put your head down and plow through the process on your own.
But a divorce can have a significant impact on every facet of your life, so hiring an attorney can be the best way to protect yourself and your family.
If you need to hire a divorce lawyer in New Jersey who has extensive experience and can handle any divorce matter that might arise in your case, you can contact Weiner Law.
We have decades of experience and have represented thousands.
What Happens in a Divorce?
Depending on the nature of the case, a New Jersey divorce court must address the following matters:
- How much property each spouse will receive,
- Which debts each spouse will have to pay,
- What child custody rights each spouse will have,
- How much child support either spouse will have to pay, and
- Whether either spouse will receive alimony.
These are high-stakes matters that often require you to present a lot of evidence to assert your rights.
Reasons to Hire a Divorce Attorney
Whether you and your spouse are on amicable terms or can’t bear to occupy the same space, there are several reasons why hiring a divorce attorney can be beneficial.
Do you have to hire a lawyer for your divorce? No. But there are several advantages to having legal counsel. The following are some key benefits.
An Attorney Can Ensure Your Divorce Is Based on Proper Grounds
Spouses can get divorced on no-fault grounds if they prove they have irreconcilable differences that caused a breakdown of the marriage for at least six months.
But a spouse can also obtain a fault-based divorce if they prove one of the following:
- Their spouse was imprisoned for at least 18 consecutive months after marriage,
- Their spouse had a substance abuse issue for at least 12 months after marriage,
- Their spouse committed adultery,
- Their spouse deserted them for at least 12 months,
- They have been living separately from their spouse for at least 18 months and do not have a reasonable prospect of reconciliation,
- Their spouse engaged in extreme mental or physical cruelty that put their safety at risk,
- Their spouse was institutionalized for mental health reasons for at least 24 consecutive months, or
- Their spouse engaged in sexually deviant conduct without consent.
A fault-based divorce can mean added hurdles or more benefits for a spouse (e.g., less stringent jurisdiction requirements or fewer custody rights).
An attorney can identify the benefits and pitfalls of any type of divorce you might be facing, and an attorney can defend you against wrongful allegations made by your spouse.
An Attorney Can Ensure That You Start Your Case Properly
Mustering up the courage to file a divorce petition only to find out you have to start over because you didn’t properly notify your spouse or filed in the wrong place can be deflating. You must ensure the following when you file your divorce petition:
- That the court has jurisdiction—One spouse has to have lived in New Jersey for at least a year before either can file for divorce in the state (this does not apply to divorces based on adultery); and
- That the other spouse received proper service of your complaint—This means that you had your divorce complaint and summons personally delivered to your spouse by a sheriff, an attorney, a private process server, or a competent adult who is not a party in your case.
Talking to an attorney before you fill out any paperwork can help ensure that your filling goes the right way on the first try.
An Attorney Can Identify and Gather the Best Evidence for Your Case
Proving your position regarding property division, support, and custody in a divorce will likely require a lot of evidence. And sometimes, you might need an expert analysis of the evidence you gather to ensure the court or your spouse fully understands your rights.
Courts decide matters of property division according to what is equitable. And courts decide custody matters according to what is in the best interests of the child.
So, you might have to give the court evidence regarding the needs of every party in your case, the financial resources of you and your spouse, and the mental and physical health of everyone involved.
This evidence might include:
- Tax returns,
- Property titles,
- Pay stubs,
- Bank statements,
- Business documents,
- Employment records,
- School documents,
- Healthcare records,
- Investment documents,
- Invoices,
- Witness testimony,
- Lease documents,
- Pictures,
- Retirement statements,
- Insurance policies,
- Police reports,
- Bills, and
- Documents from other court proceedings.
Also, some spouses try to hide their assets amid divorce proceedings in hopes of unfairly retaining a larger share of the property.
An attorney can not only use sophisticated legal tools to obtain all evidence necessary for your case, but an experienced attorney can also connect you with professionals who can find hidden resources and negative behaviors of your spouse.
An Attorney Can Effectively Negotiate Your Position
Some divorce cases don’t end in lengthy court battles. Some cases can be partially or fully resolved through an agreement.
If you and your spouse agree on every factor in your divorce, talking to an attorney can still be a vital step before you put your agreement on paper.
Speaking to an attorney can help ensure that your rights are fully protected in a divorce settlement and that the agreements you make don’t have unwanted implications, such as:
- Increased tax liability after receiving a certain amount or kind of property,
- Complications with other associates or affiliates after divvying up interests in a couple-owned business, or
- Added obstacles to personal or professional advancement because of unwieldy or inflexible custody provisions.
The above-listed possibilities are just a handful of examples of how a divorce settlement can hurt you when you don’t use careful consideration or the guidance of a knowledgeable lawyer.
An Attorney Can Manage the Emotions in Your Case
One of the most important services an attorney can provide in your case is appropriate emotional support.
An attorney can act as a neutral third party, helping to keep things civil and on track and speaking on your behalf when you and your spouse have trouble talking to each other.
When to Hire a Divorce Attorney
Ideally, you should hire an attorney as soon as you know you or your spouse will be filing for divorce.
An attorney can help you begin your case the right way, and if your spouse hires an attorney when you don’t have one, you could be at a significant disadvantage. However, we can jump into your case even after you or your spouse has filed.
Needing a Divorce in New Jersey? Weiner Law is Standing by to Help
Our team of New Jersey divorce lawyers at Weiner Law are well-rated and highly experienced.
We have been advocating for others for more than three decades, and we are passionate about our clients’ well-being. We proudly serve clients in Parsippany, Bayonne, Vineland, Atlantic City, Jersey City, Old Bridge, Hoboken, Woodbridge Township, Bridgewater, Clifton, Elizabeth, Bergen County, Hudson County, Union County, Union City, North Bergen, Red Bank, and beyond. You can call us today or contact us online to schedule a consultation.