New Jersey Divorce Lawyers

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During the divorce process, the person filing for a divorce has to deal with several things such as child custody, property division, spousal support etc. Therefore, it is important to consider taking guidance of a divorce lawyer. There would be several New Jersey divorce lawyers that would be suggested to you by your friends and family members. But it is important to meet an attorney and discuss your divorce case, your apprehensions and expectation. One you think that the attorney is able to clearly understand the different vital aspects of your case and would be able to help you in achieving the desired results, then you can hire that divorce lawyer.

Types of child custody handled by New Jersey divorce lawyers

  • Joint legal custody arrangement is done with an assumption that the parents would finally develop the capacity to reach joint decisions of a non-routine type. The parents must consult each other, before action regarding this sort of decision is taken. When one parent does not consult the other before taking a decision, the other parent can approach the court regarding this issue
  • Sole legal custody means that one parent is the legal custodian and there is no need for this parent to consult the other parent, while taking non-routine decisions. However, the other parent has to take the approval of the legal custodian in any decision concerning the child; else the legal custodian can approach the court. It is assumed that the legal custodian is acting to the child's best interests. If the other parent thinks that the legal custodian is harming the child's interest, the other parent can approach the court
  • Sole residential custody indicates that the child would reside for more than 5 days of the average week with the sole custodial parent and for less than 2 overnight equivalents of the average week with the other parent
  • In shared residential custody, none of the parents have the child for less than 2 days per week on the average and for more than 5 days per week on the average. Parent of primary residence means the parent who has the child for more nights in the year. The other parent is called as parent of alternate residence
  • Split residential custody is a rather unusual scene in which one or more children reside mainly with one parent, while the remaining one or more children reside primarily with other parent. This is done if the advantage of doing so is more than the advantage of the sibling's staying together

Importance of New Jersey divorce lawyer due to futility of legal separation

In New Jersey, when a marriage is irretrievably broken, a legal separation is possible, but this cannot force a reluctant spouse to offer support, allocate debts, divide assets, and offer financial information. Due to this, a divorce becomes unavoidable.

Function of Guardian Ad Litem

When the visitation / parenting time or custody is not resolved by the parties, the Guardian Ad Litem comes into the picture. Such a guardian is appointed by court order on its own motion or application or both or either parents. The circumstances should justify such an appointment. It is the duty of such a guardian to seek the best interests of the child. The various functions of the guardian include the following, but are not restricted to these -

  • Taking interviews of the parents and the children
  • Taking interviews of other individuals, who have relevant data regarding the case
  • Procuring documentary evidence that is relevant to the situation
  • Procuring the help of independent experts, on leave of court
  • As per rule 5:8A, to procure the help of a lawyer for the children, on leave of court
  • Conferring with counsel for the partners

The legal divorce grounds managed by New Jersey divorce lawyers are as follows

  • Extreme cruelty
  • Adultery
  • Aberrant sexual behavior
  • Abandonment for a period of more than a year
  • If one of the spouse is addicted to or habitual drunkard for a period of more than a year before the filing
  • If one of the spouse has been imprisoned for at least 18 months after the marriage and the couple has not cohabited since the imprisonment of one of the spouse
  • Leaving separately for a duration of at least 18 months
  • Institutionalization of one of the spouse for at least two years before the filing

You are supposed to meet several New Jersey divorce lawyers, before you finalize the divorce lawyer whom you find suitable to represent you. You need to discuss all the related aspects of divorce with your divorce attorney.

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