Get the aggressive representation you deserve
Divorce is a difficult and emotional process, and it also involves many legal decisions. Anthony J. Cafaro, P.C. has experience handling a variety of family law matters, including divorce and all that it entails. We understand that this is a trying time, and we are here to ensure the best outcome for you and your family. At Anthony J. Cafaro, P.C., we offer you the personalized representation from a capable Monmouth County divorce lawyer that every client deserves.
Overview of Divorce in New Jersey
In New Jersey, a divorce may be contested or uncontested. A contested divorce means you or your spouse has hostility towards one another, and it is difficult for you to reach an agreement amicably. You may not agree on such things as custody of your children, child support payments, or division of assets. An uncontested divorce means both parties have agreed to end the marriage amicably, and there are no major disagreements.
Spouses seeking a divorce in New Jersey can either separate immediately based on one of several grounds listed in the law, or they may choose to live separately for a period of time before seeking a divorce. In New Jersey, grounds for divorce include adultery, desertion, imprisonment, and irreconcilable differences (no-fault divorce), among others.
If you are currently facing a divorce or considering a divorce in New Jersey, you likely feel a great deal of anxiety. Understanding your options and knowing what to expect will make the process much easier. Although every case and client is different, the Monmouth County divorce process is typically as follows:
- File Your Complaint for Divorce. Submitting your Complaint for Divorce to the court starts your case.
- Serve Other Party. Once you have submitted your Complaint to the court, the other party is served with the papers, and your case is entered on the court’s docket.
- Discovery. Discovery is when parties exchange important documents and information, such as bank statements and business records.
- Discuss Settlement. Often, attorneys try to settle the case during this phase.
- Mediation. If you have not reached a settlement by now, the court asks you to choose a Monmouth County divorce mediator to help you and your spouse resolve the outstanding issues. - See more
- Trial. If your case does go to trial, the judge will consider evidence and testimony submitted by both parties
At Anthony J. Cafaro, P.C., we are here to help you at every step of the way, from filing your complaint to discovery to settlement or trial. If you are looking for a compassionate and experienced Monmouth County divorce lawyer who can handle these matters with the utmost sensitivity, please contact Anthony J. Cafaro, P.C. today for an initial consultation.
If you are considering getting a divorce, you need to speak with an experienced divorce attorney. At Anthony J. Cafaro, P.C., we have the expertise you need when going through this challenging time. A divorce can be an emotional and difficult experience, making it important to work with someone that can take the emotion out of it and protect your interest. To schedule a consultation with Anthony J. Cafaro, P.C. call 732-449-0449 and learn why clients throughout the 08750 area trust us to handle their divorce with care and precision.
Can I complete my divorce on my own?
Yes, you can go through the process without a divorce attorney but we do not recommend this. The court system can be incredibly complicated and by missing one piece of paper or filing deadline you can position yourself to be taken advantage of by your spouse’s lawyer.
Representing yourself could have catastrophic ramifications.
Why should I hire a divorce lawyer?
When you hire a divorce lawyer in New Jersey, you will have the help you need to make sure that your rights and your assets are protected. The decisions that you make during your divorce will directly impact the rest of your life, especially if you have children. An experienced attorney can navigate through the court system and make sure that your case is handled properly. For example, if you are going to trial, witnesses will be called. You have to supply a witness list by a certain date and subpoena the witnesses to ensure that they show up for court. All of this has to be done in a specific order and within time frames set by the court and your trial calendar. If you try to represent yourself or hire an inexperienced attorney, these dates may be missed, and your case could suffer as a result. By hiring a divorce lawyer that has tried cases in the Sea Girt area, you can ensure that you don’t suffer any unnecessary consequences do to a lack of experience or information.
Can you help with my custody case?
Yes, if you have children it is even more important to hire an attorney that has tried cases in the 08750 area. Your children’s future will be decided during your trial, which is a scary thought if you don’t have the right representation. We recommend that when possible, you settle outside of court using Anthony J. Cafaro, P.C. to negotiate on your behalf. This way you have more control over the outcome of your custody case. If going to court is necessary it is extremely important that your case is built up with facts, evidence, and witness testimony that can be presented to the judge. Your case needs to be airtight because the other parent will likely be fighting just as hard. The judge’s decision typically comes down to what they believe is in the best interest of the child, so this is what you need to prove. Some ways to do so is by proving that the children have greater stability when they are with you, that their routine is set, they have access to better education or close family ties. During your consultation, we will go over your case and the potential strategy for proving that you should have custody of your children.
There are other financial considerations that must also be accounted for when deciding custody issues. Child support will be determined at this time as well, so we need to have clear evidence of how much money you make, what your expenses are, and what the other party makes. Based on how many days the children are with each of you, the child support schedule will be set and if the information is presented incorrectly you may have to pay more than you should or receive less than you are entitled to. As a New Jersey divorce attorney, we will gather the evidence that is needed before going to court to ensure that it is submitted properly and can be presented to the judge when it’s time.
If you are relocating out of NJ, your case becomes even more complicated. As an adult you are entitled to live wherever you want but when children are involved, you need the court’s permission to relocate. In this situation, it is important to work with a divorce attorney that can make a case for why you should be allowed to relocate and take the children with you. Clear and convincing evidence must be presented, or the judge may not let your children leave the state. Your request for relocation can be heard during your initial divorce trial or you can petition the court for relocation at any time after the divorce has been finalized.
Division of assets
During your divorce trial, the judge will also make a determination for how your assets are to be divided. If you own a lot of properties or have a business, this can be more complicated and requires us gather evidence that proves why the assets should be divided in your favor. This requires gathering financial evidence, proving your involvement and connection to each asset, and why your spouse should not be entitled to them. If you own a business, we will likely want a business valuation to be completed by a third party expert and your property will need to be appraised. This way the judge can determine the value of what you own when dividing it. Debts will also be distributed at this time so if you feel that your spouse should be responsible for more than half of your debt, you need to prove why. This may be demonstrating that they took elaborate vacations or spent the money on personal items. Either way, this needs to be documented.
As a Sea Girt divorce attorney, Anthony J. Cafaro, P.C. can help you to obtain the best possible outcome during your divorce. This takes skill, planning, and expertise. To learn more about how you can benefit from our services, call Anthony J. Cafaro, P.C. at 732-449-0449 and schedule a consultation.Child Support Attorney > Child Custody Attorney > Divorce Attorney
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