Family Law and Divorce Lawyer
Bergen County
Dedicated Divorce Attorney for Residents of Bergen County
Bergen County is located in the northeast corner of the state of New Jersey. With over 900,000 residents, it is the most populated county in the state. According to a 2010 census, Bergen County is also one of the wealthiest counties in the United States. Hackensack University Medical Center is one of the county’s largest employers with about 8,000 workers. It is home to several museums, including the New Jersey Naval Museum and the Bergen Museum of Art & Science, as well as the Aviation Hall of Fame and the Museum of New Jersey. Every year, a number of individuals in Bergen County seek to dissolve a marriage. If you are facing this potentially challenging situation, you can consult Bergen County divorce lawyer Brian D. Iton for guidance. He is committed to helping his clients resolve the complex issues associated with dissolving a marriage in as uncontested, efficient, and cost-effective manner as the situation permits.
The Process of Dissolving a New Jersey Marriage
The Superior Court has jurisdiction for all divorce cases in the state of New Jersey. In order to end a marriage in the state, either spouse must have lived there for at least one year prior to filing for divorce. Unlike in many other states, there is no minimum waiting period to obtain a divorce in New Jersey. Instead, the judge may enter the decree dissolving the marriage immediately after a court hearing.
There are a number of grounds that a person can cite when seeking a divorce. The no-fault ground for divorce is irreconcilable differences, which simply means that the marriage has broken down to the extent that it is irreparable and the couple is not going to reconcile. This is the most common basis for divorce, since it tends to minimize the conflicts involved. The fault-based grounds in New Jersey include the following:
- Willful desertion for one year;
- Extreme cruelty and inhuman treatment;
- Drug addiction;
- A prison sentence for 18 months or more; and
- Adultery.
It is important to remember that fault-based requirements may be subject to certain time frames. For example, you must wait 12 months after desertion occurs before filing a divorce petition.
New Jersey is an equitable distribution state. This does not mean that all property is divided exactly evenly between the divorcing spouses. Instead, it means that the property will be split according to what is deemed to be fair and reasonable under the specific circumstances of each case. The court will typically examine a number of factors when determining the appropriate division of the property. Some of these factors include each spouse’s income and earning capacity, the couple’s standard of living during the marriage, the length of the marriage, and written pre-nuptial or post-nuptial agreements that the spouses have reached. However, a pre-nuptial or post-nuptial agreement is not necessarily decisive, and its validity can be challenged if appropriate.
Discuss Your Divorce With a Bergen County Lawyer
Brian D. Iton is a skilled family law attorney who has helped many individuals throughout Bergen County and other areas of New Jersey cope with a divorce. We handle all the important issues related to this process, including child custody and support, alimony, property division, and more. We can help you understand your legal rights and options, and we can discuss how to reduce the stress of the process so that you can move forward with your life more smoothly. For a free consultation with a Bergen County divorce attorney, contact us online or call our toll-free number at (844) 431-3380.