A divorce can be stressful and emotional and becomes even more difficult when important decisions have to be made. Working from our offices in Hoboken, NJ, and Kearny, NJ, divorce attorneys Frederick R. Dunne, Jr. , F.R. “Chip” Dunne, III , and Leonard B. Cohen handle sensitive cases with an emphasis on positive communication and the children’s wellbeing. We strongly believe that having a skilled divorce attorney can simplify the legal process. Our lawyers can help determine equitable distribution for both parties and represent you and your child aggressively, if necessary, and we assist clients throughout the state of New Jersey. To work with an advocate for your best interests and an attorney you can trust, contact us today to schedule a free consultation.
Considerations in Divorce Proceedings
Since laws and regulations concerning divorce proceedings are state-specific, it is helpful to have a divorce attorney knowledgeable of family law as well as New Jersey law, who can guide you step-by-step through technical procedures and considerations, from filing paperwork to representing you in court.
To prepare for your legal consultation, it is best to compile all necessary paperwork and financial documents from the last three or more years, including:
- Account statements for checking, savings, stocks, bonds, CDs, and retirement
- Tax returns
- Pay stubs
- Debt statements
- Property assets
- Insurance documentation
- Contractual agreements, including prenuptial agreements, powers of attorney, and wills
If you are seeking legal counsel for post-judgment changes, you should bring the original settlement, agreement documentation, and court orders.
No-fault vs. Fault Divorce
A no-fault divorce is one in which the couple has either been legally separated and living in different dwellings for a minimum of 18 months, or the couple can claim irreconcilable differences if those problems have been present for six months or more. Fault divorces encompass cases of extreme cruelty, abandonment, abuse, adultery, institutionalization, or imprisonment. Establishing which category your divorce falls under makes a significant difference in the divorce proceedings and settlement.
Equitable Division of Property
As a state, New Jersey determines the equitable division of property, which means that you and your former spouse will not necessarily end up with 50% of funds or property each. Instead, the court will decide how assets are divided based on factors such as the length of the marriage, the earning capacity of each party, financial needs of the children, and the age and health status of both parties.
If one spouse was primarily responsible for the family income, he or she may have to pay temporary or permanent spousal support (alimony), depending on the standard of living and the other party’s ability to earn an income. Our attorneys can help ensure a division of assets that is fair and beneficial for you, especially in more complicated cases of properties and assets, such as stocks, bonds, and future income.
Child Custody, Visitation, and Financial Matters
A child's parents or the court decide on matters of custody, visitation, and child support. When two parents cannot agree on terms, the court will make the decision. In these cases, a divorce attorney who thoroughly understands New Jersey child custody laws can help protect your parental rights and advocate for your child.
We believe that former spouses should ideally be the decision-making agents in divorce proceedings and can make more informed choices than the court.
We can also help with post-judgment modifications, which are requests filed with the court to adjust terms that involve child custody, financial support, and visitation. This may be an appropriate measure if either party moves or experiences a change in living situation or income, or if the child requires more financial support and a change in visitation.
Contact Us Today
We believe that former spouses should ideally be the decision-making agents in divorce proceedings and can make more informed choices than the court. At Dunne, Dunne & Cohen, LLC, we strive to promote good relations between the parties and will always prioritize the needs of the children. To schedule your free consultation, contact us today.