Going through a divorce is hard and navigating the legal system can be confusing. Securing a Freehold divorce attorney can result in a better outcome for your case. Here is some helpful information about divorce in Freehold, New Jersey:
Types of Divorce
In New Jersey, there are two different types of divorce that can be filed. One is no-fault divorce, which means neither party is solely responsible for the dissolution of the marriage. The other is fault divorce, which means that one spouse was primarily responsible for the divorce.
A no-fault divorce can be due to either “irreconcilable differences,” which means the couple lost the ability to get along, or an extended separation where the two stopped living together for a period lasting at least 18 months. A fault divorce can have several different causes including abuse, infidelity or imprisonment.
With regard to custody of a child, there are two types: legal custody and physical custody. The parent with whom the child spends the largest percentage of time is deemed to be the parent of primary residence. Legal custody is when a parent can make decisions about the child’s education, healthcare, etc. Legal custody can be joint or sole.
Ultimately, New Jersey courts decide on custody and visitation matters. Their goal is to ensure that each parent can spend ample time with their child. However, the court is always primarily concerned with the child’s best interest when making custody decisions. The judge will issue his or her decision and a visitation schedule after carefully considering all the factors of the case.
The distribution of property occurs in three steps. First, you must determine which of your property is marital, and which is individual. Second, the value of the marital property must be determined. This is usually based upon “fair market value.” Third, the marital property is divided based upon the details of the marriage.
Fault is generally not a major factor unless it is directly related to the wasting or misuse of property, for example, spending large sums of money on an addiction like alcohol or gambling. It is important to remember that longer marriages tend to have more complex property disputes.
Navigating the legal framework pertaining to divorce can be confusing and stressful. You should not have to do it alone. Choose a Freehold divorce attorney that can help you achieve your legal goals. Contact Thomas & Krail, LLC today.