No matter what the circumstances, divorce can be difficult and painful, particularly when there are young children involved. If you are contemplating or going through a divorce, you are faced with a number of financial and emotional challenges. This is the time when having capable, empathic divorce lawyers, like those at Bozanian McGregor LLC in Paramus, can make all the difference.

No-Fault Divorce in New Jersey

As long as you and your spouse have experienced irreconcilable differences for 6 months and one of you has lived in the state for 12 consecutive months, you can file for a no-fault divorce. Once you become our client, our skilled divorce attorneys will help you negotiate the best terms for you on the following issues:

Division of Property

In New Jersey, marital property is divided between the two former spouses according to the principle of equitable distribution, which means that the property is not necessarily split 50-50 but rather is divided in a manner the court deems fair. Marital property consists of real estate, furnishings, bank accounts, pensions or retirement accounts, investments, vehicles, art, jewelry, antiques, and valuable collections. Marital debts (e.g. mortgages and credit card debt) must also be shared during a divorce.

Apart from disagreements between spouses about who should get what, asset division can be complicated by a number of factors, including:

When complications like these arise, you will be glad to have our savvy divorce attorneys in your corner.

Marital Assets, Separate Property, and Commingled Assets

Anything purchased or accumulated during the marriage is considered a marital asset, whereas separate property includes anything that is:

  • Owned by one spouse before the marriage
  • Received by one spouse as a personal gift during the marriage
  • Inherited by one spouse during the marriage
  • Awarded to one spouse as a lawsuit settlement during the marriage

However, if one party owned the marital home prior to the marriage but the other spouse has been helping to make mortgage payments and/or has contributed to renovations, refinancing costs, and upkeep, the court will consider the home marital property.

Commingled assets can make dividing assets extremely difficult. If, for example, a gift or inheritance received by one spouse was put into a joint account and used for family expenses, the two amounts become inseparable and it becomes impossible to distinguish marital and separate assets. 

Spousal Alimony (Maintenance)

While the days of one spouse being the breadwinner are long gone, spousal maintenance can still be a part of the divorce landscape if:

  • One spouse earns a great deal more than the other
  • One spouse is old, frail, ill, or disabled
  • During a long marriage, one spouse was the primary homemaker and/or provider of childcare
  • One spouse worked to support the other’s educational or career advancement 

Sometimes, temporary spousal support is awarded so that one spouse can complete schooling or training in order be become more employable and independent.

Occasionally, a self-sufficient spouse will demand spousal support as a way of punishing the other party. One of the distinct advantages of having a strong divorce attorney is that we will fight for your rights in such situations.

Child Support in New Jersey

In all 50 states, both parents are required to support their children. In most cases, after a divorce, the spouse with the higher income is expected to pay child support to the parent who earns less. New Jersey courts will, however, also take other factors into account, including whether or not there is joint custody, how many children each parent has, and whether any of the children have special needs.

As your attorneys, we will help to ensure that your children get all the financial support they need. By the same token, we will be alert to signs that your spouse is trying to take advantage of you. We will keep our focus on both meeting the needs of your children and protecting your hard-earned assets.

Child Custody and Parenting Time in New Jersey

The State of New Jersey recognizes that, in the vast majority of cases, children benefit from maintaining close relationships with both parents, so New Jersey courts tend to favor joint custody. That being said, there are times when joint custody is not possible due to where the parents live or the nature of their work schedules.

In such cases, our divorce attorneys will work hard to negotiate a fair and equitable resolution to a sole custody arrangement. If you are a parent without child custody, we will make sure that you are provided with a generous portion of parenting time so that you can maintain a warm and loving relationship with your children.

When Domestic Violence Rears Its Ugly Head

As experienced divorce attorneys, we are aware of the horrors of domestic violence and, if you have been living in a dangerous home environment, will do everything in our power to keep you and your children safe. 

Nonetheless, we are not naive; we know that in some cases, one spouse will falsely accuse the other of abusive behavior. Whether you are trying to defend yourself and your children from violence, or trying to defend your reputation from unjust accusations, our divorce attorneys are on your side.

Mediation as an Alternative

Though not right for all divorcing couples, mediation can be a positive alternative to an adversarial divorce. If you and your spouse agree on the basic issues, we can assist you in a mediated divorce in which an objective individual works with both of you to find acceptable compromises. 

Contact Our Accomplished Divorce Attorneys Today

When you’re going through a divorce, you are restructuring your life. Make sure you have an attorney with a well-deserved reputation for proficiency and professionalism at your side during this important time. Contact us now so we can use our talents to your benefit.

Bozanian McGregor is an experienced law firm specializing in divorce proceedings for residents across Bergen, Hudson, Morris, and Essex Counties in NJ. With a focus on compassionate representation and strategic advocacy, they navigate clients through the complexities of divorce, ensuring a dignified and fair resolution.