New Jersey Divorce Law Firm
The New Jersey divorce lawyers of Einhorn, Harris, Ascher, Barbarito, & Frost, P.C., represent clients with regard to all divorce and divorce-related legal proceedings.
New Jersey Divorce Lawyers with Statewide Reputation for Excellence
Four of the firm’s matrimonial law attorneys are certified by the Supreme Court of New Jersey as matrimonial lawyers. They understand the many legal issues that divorcing couples face.
Three of our partners, Patricia M. Barbarito, Thomas J. Snyder and Bonnie C. Frost, have served as Chair of the New Jersey State Bar Association’s Family Law Section. Peter T. Harris is the founder of the firm’s family law department and has been practicing family law for over 25 years. Stephen P. Haller, another of our family law attorneys, has litigated a custody matter that is among the leading cases in current New Jersey Jurisprudence.
New Jersey Divorce Attorneys offer a team approach
Teams are assigned to complex matters to ensure that our clients’ phone calls are returned promptly, that routine work is done by the associates, and that strategy and major decisions are undertaken by the more experienced lawyer.
The matrimonial and divorce attorneys in our firm know that divorce is a major life transition, and we attempt to make the process as straightforward and painless as possible. If you face a divorce, call a New Jersey divorce attorney and child custody lawyer at Einhorn Harris today.
Our Divorce Lawyers handle all aspects of your divorce throughout New Jersey. Click to learn more about:
- Contested Divorce;
- Uncontested Divorce;
- Child Custody;
- Child Support;
- International Custody;
- Parent and Child Relocation; and
- Division of Property/Equitable Distribution.
Preliminary Steps Before Filing for Divorce in NJ
The divorce attorneys at Einhorn, Harris, Ascher, Barbarito & Frost, P.C., make the process of filing for divorce in New Jersey less intimidating. Toward that end, we offer this outline of the steps you should follow:
1. Establish whether filing for a “no-fault” or “fault” divorce.
2. If choosing a “fault” divorce, then decide on grounds, or the legally-accepted reason for the divorce. In New Jersey, your options are:
- Extreme Cruelty;
- Imprisonment; and
- Deviant Sexual Conduct.
3. Establish jurisdiction — One or both parties to the divorce must have been a resident of New Jersey at the time the divorce proceedings began, and have been a resident for a minimum of 12 months, unless one files on the grounds of adultery.
Steps of the New Jersey Divorce Process
1. File the complaint in the county in which you or the other spouse lives. The content of the complaint includes:
- The grounds for the petition for divorce;
- The addresses of both parties;
- If children are involved, the names and date of birth of each child;
- If adultery or deviant sexual conduct is cited, you must also include the name of the adulterous party or the person with whom the adulterous act(s) took place;
- If not known, any other available details (description, location of act) are required.
2. Pay filing fee – If you have children, an additional fee to attend a parenting education seminar is also required.
3. File an answer or appearance – An answer is the defendant’s (non-filing party) written response to the plaintiff’s (filing party) complaint in the divorce case. The defendants may also file counterclaims against the plaintiff, with both filings due within 35 days of receiving the divorce complaint. The plaintiff then has 20 days in which to file any responses to the counterclaims. If the defendant is not disputing the claims in the complaint, he or she may file an appearance. Failure to file either an answer or appearance can eliminate your chance to contest the divorce and result in a divorce by default.
4. File the Case Information Statement (CIS) – This form is used to provide the court with an overall view of the parties’ income, and assets and liabilities. This key document must be filed and served by both parties for any contested actions. The CISs must be filed within 20 days of the filing of an answer or appearance. The parties’ tax returns and their last three pay stubs should also be attached as exhibits with personal identifiers removed.
At this point, the divorce proceedings are in the hands of the Superior Court of New Jersey and the process begins. There are likely to be other filings required along the way, about which your attorney will advise you. If you find yourself ready to file for a divorce in New Jersey, our skilled divorce lawyers can assist you with all required filings and guide you through every step of the divorce process.
Anatomy of a Divorce–Property Division
There are two basic parts to a divorce. First, you and your spouse need to divide all your mutually held assets, debts and property.
Assets can include:
- Savings accounts;
- 401(k) plans;
- Pension plans;
- Stocks and bonds; and
- Interest on inheritance.
Debts may include:
- Credit card debt;
- Mortgages; and
- Car payments.
- Boats; and
- Personal property.
When deciding how to divide your estate, our experienced New Jersey divorce attorneys work with you to decide what the best solution is for you. Our experienced tax attorney can also advise you on the tax and estate consequences of your property split.
Anatomy of a Divorce–Parenting Plans
The next step in a divorce only applies if there are children involved. Even though you are no longer together, you have to devise a plan to raise your children. Our NJ divorce attorneys and knowledgeable child custody lawyers can assist you.
First, you have to determine custody. There are two types: physical and legal. The person who has physical custody determines where the child lives. Those who have legal custody make decisions about the child’s life — where they attend school, religious upbringing, and so on. A typical arrangement is for one parent to have primary residential custody, while both parents have joint legal custody. The non-custodial parent would pay child support and have parenting time rights. A typical parenting time arrangement might be for the non-custodial parent to have the child every other weekend, several weeks in the summer and every other holiday. To talk to a child custody lawyer, call Einhorn Harris to schedule a consultation.
Anatomy of a Divorce–Spousal Support
Spousal Support, also known as spousal maintenance or alimony, can be limited duration, rehabilitative, or permanent and is awarded when one spouse has an economic need.
Limited duration or term alimony is awarded for a set time after which it ends.
Rehabilitative alimony is awarded for a few years — enough time for a stay at home spouse to go back to school or retrain to enter the workforce.
Permanent alimony is awarded for longer-term marriages or for disabled spouses.
Anatomy of a Divorce–Other Family Law Services
Our divorce attorneys can also assist you with pre-nuptial agreements and post-decree modifications. Contact us to find out more.
Contact New Jersey attorneys Einhorn, Harris, Ascher, Barbarito & Frost, P.C., at 973-627-7300 for an initial consultation, or complete our quick web form.