My spouse wants to get a divorce, but I don’t want one. Can I stop a divorce from happening?

New Jersey allows spouses to pursue “at-fault” or “no-fault” divorces. In a no-fault divorce, your spouse only needs to meet the waiting requirement to obtain a divorce, even if you object to getting divorced. You should contact a New Jersey divorce lawyer as soon as possible to protect your interests if your spouse has served you with divorce papers.

Can my spouse and I use one attorney to save costs in our divorce?

No. Even if you and your spouse agree on all the issues in your divorce, you cannot have one attorney representing you and your spouse simultaneously. You and your spouse have adverse interests in divorce, which means that an attorney would have a conflict of interest if they represented you and your spouse. Although you can hire an attorney to help mediate your divorce agreement, you should hire independent counsel to protect your interests in a divorce or negotiation of a post-nuptial agreement.

Can I still file for divorce in New Jersey if my spouse moved to another state or if I moved to New Jersey after our separation?

Either spouse may file for divorce from the other in New Jersey if either spouse has resided in New Jersey for at least the past 12 months. Even if your spouse moved out of New Jersey or you moved to New Jersey more than a year ago, following your separation, you can still file for divorce in New Jersey, even if your spouse may reside in another state.

New Jersey Divorce Lawyer | Divorce Attorney Red Bank, NJ

Divorce Attorney in Red Bank Protects the Rights of Clients Separating from Their Spouses in Monmouth County, Ocean County, Middlesex County, and Throughout NJ

Unfortunately, some marriages end in separation and divorce. According to statistics compiled by the CDC, New Jersey has an annual divorce rate of 1.7 divorces per 1,000 residents. When your family’s dynamics change, divorce may become inevitable. However, that does not mean you should not prepare for the legal process. New Jersey divorce lawyer Joseph J. Russell and his legal team can advocate for your rights and help you protect your and your family’s future.

Need a Divorce? Joseph J. Russell Divorce & Family Law Attorney Can Help. Just Fill Out Our Convenient Online Contact Form for a Confidential Consultation.

For over a century, our firm has worked hard to protect our clients’ interests and help them secure the best possible results in their legal matters. We have grown into one of New Jersey’s largest and top-rated firms. Our family law group and attorneys have received numerous awards and recognitions for our legal advocacy and client service. We also have the legal experience necessary to guide clients even in the most complicated divorces.

Contact Joseph J. Russell Divorce & Family Law Attorney, for an initial case evaluation to learn more about the divorce process and discuss how our firm can assist you with protecting your interests. Let our legal team advocate for you at the negotiating table and in court to help you obtain your ideal future.

How Does Divorce Work in New Jersey?

New Jersey law allows for at-fault and no-fault divorces. At-fault divorces require the spouse seeking divorce to prove the other spouse’s fault for the divorce, such as due to infidelity, extreme cruelty, or abandonment. However, spouses may seek a no-fault divorce if they have irreconcilable differences. A no-fault divorce requires spouses to have lived separately for at least 18 months and have experienced a breakdown of the marriage for at least six months with no reasonable prospect of reconciliation.

Divorces also fall into one of two categories that determine the legal process involved in the divorce: contested and uncontested. A contested divorce involves cases where spouses have not settled all the issues arising from the dissolution of the marriage, such as alimony/spousal support, division of marital property, or child custody/support. In an uncontested divorce, the parties have signed a post-nuptial agreement resolving all the issues in their divorce. Contested divorces can become uncontested during litigation if spouses can reach an agreement.

One spouse will begin the divorce process by filing a complaint in court. The complaint will state the grounds for divorce and identify outstanding issues for the court to resolve. The other spouse can file an answer to deny allegations of a fault-based divorce or list other matters the spouse wants the court to decide.

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"Joe Russell is an expert in his field! He handles all clients with compassion and professionalism. I have recommended him to many friends and families and they have all raved about their experience working with him."
Nicole Wasserman-01/15/2023

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A Divorce Attorney in Red Bank, NJ, Will Help You Protect Your Children and Family

Divorce can often become stress- and emotion-filled for spouses. You need experienced legal counsel who can prepare you for what to expect at each stage of your divorce and provide rational advice to help you see the big picture. Let a New Jersey divorce attorney from our firm handle the details of your case, including:

Explaining your legal options and the divorce process to you
Gathering documents you will need for your case, including records of your family’s assets and information about your spouse’s financial situation
Discuss your goals, including your financial needs and what kind of custody arrangement and parenting schedule you want
Negotiating on your behalf if you and your spouse pursue a post-nuptial settlement or choose to resolve your divorce through alternative dispute resolution
Advocating for your rights in each issue in your divorce, including equitable distribution of marital assets, alimony/spousal support, and child custody/support
Representing you in court if you need to litigate outstanding matters you cannot settle with your spouse
Assisting you in the future if you need to modify support or custody orders to reflect your family’s changed circumstances

A divorce attorney in Red Bank, NJ, from our firm can help make the divorce process smoother for you and your family.

Get Advice From An Experienced New Jersey Divorce Attorney. All You Have To Do Is Fill Out Our Convenient Online Contact Form To Receive Your Confidential Case Evaluation.

Contact Joseph J. Russell Divorce & Family Law Attorney, to Learn More About Your Legal Rights and Options

Get the legal help you need to protect your interests and future if you or your spouse have decided to seek a divorce. Contact New Jersey divorce lawyer Joseph J. Russell for a confidential consultation to discuss your legal options. Our legal team can guide you through the divorce process and advocate for your and your family’s rights.

New Jersey Divorce Lawyer