Monmouth and Ocean County Divorce Attorney
Divorce is often a stressful and emotional process. Many people find themselves uncertain of their future, and that uncertainty can lead to rash decisions. In these difficult times, it is important to find someone you can count on to give you realistic advice while standing up for the future you envision for yourself and your family.
If you are considering a divorce or are currently going through one, Bronzino Law Firm can help. We handle divorce-related matters including child support, child custody, division of assets, alimony and spousal support, and post-divorce modifications for clients across Monmouth County and Ocean County.
Attorney Peter J. Bronzino personally handles all divorce cases, prides himself on keeping his clients informed and involved, and is ready to speak with you in whatever way is most convenient.
Call our Manasquan office at (732) 812-3102 to discuss your situation in a free and confidential consultation.
Beginning the Divorce Process in New Jersey
When divorcing in New Jersey, many critical decisions need to be made before your marriage can be legally ended. These include the grounds for your divorce and how the case will be resolved, whether through an uncontested agreement, mediation, negotiation, or contested litigation.
Before making these decisions, you will likely want to consult with a divorce lawyer about your options, gather important financial documents such as tax returns and account statements, and either file for divorce or respond to a complaint your spouse has already filed. Financial disclosure, including the Case Information Statement, is an important part of the case. Read our divorce process page for more information.
No-Fault Divorce in New Jersey
When filing for divorce, one of the first decisions is the ground for the divorce. In New Jersey, you can file a no-fault divorce, meaning you do not need to prove that either spouse caused the marriage to end. The most common no-fault ground is irreconcilable differences that have caused the breakdown of the marriage for at least six months, with no reasonable prospect of reconciliation. Spouses who have lived separately for at least 18 consecutive months may also file on the ground of separation.
The advantage of a no-fault divorce is that you avoid having to prove misconduct. However, issues such as child support, child custody, alimony, and the division of assets must still be resolved, either through an agreement between the spouses or by the court.
Fault-Based Divorce in New Jersey
A divorce can also be filed on a specific fault ground. The filing spouse must prove the ground to the court. N.J.S.A. 2A:34-2 includes the following:
| Ground | General Requirement |
|---|---|
| Adultery | Proof that the spouse committed adultery |
| Desertion | Willful and continued desertion for 12 or more months |
| Extreme cruelty | Cruelty that endangers safety or health or makes it unreasonable to continue living together; the complaint generally cannot be filed until three months after the last act cited |
| Addiction or habitual drunkenness | 12 or more consecutive months after the marriage and immediately before the complaint |
| Institutionalization for mental illness | 24 or more consecutive months after the marriage and immediately before the complaint |
| Imprisonment | 18 or more consecutive months after the marriage |
| Deviant sexual conduct | Conduct voluntarily performed without the other spouse’s consent |
Proving fault can add time, cost, and conflict, and it usually does not change the financial outcome. Under Mani v. Mani, marital fault is generally not relevant to alimony, with narrow exceptions for conduct that affected the parties’ finances or conduct so egregious that continuing the economic relationship would be unjust. Conduct that affects a child’s safety or well-being can still matter in a custody dispute.
Division of Assets and Equitable Distribution
New Jersey is an equitable distribution state, meaning that marital property must be divided fairly, though not necessarily equally. The first question is often what counts as marital property and what is separate property. Ownership of investments, retirement accounts, family businesses, and even marital debt can become a serious point of dispute.
Bronzino Law Firm can help you decide which assets are most important to you and consider the long-term consequences of keeping them. You may wish to keep the house, for example, but the housing market and tax implications may make it a long-term financial burden. Details such as a joint tax refund can also matter when the assets are divided.
Child Support and the New Jersey Guidelines
New Jersey sets child support using the Child Support Guidelines adopted under Rule 5:6A. A guidelines amount is presumed correct unless a party shows that it would be inappropriate in the circumstances of the case. The calculation depends on factors such as the parents’ combined net income, the number and ages of the children, parenting time, health insurance, and child care costs.
While the rules are detailed, it can be difficult to evaluate all of the factors and how they affect your case. Attorney Peter J. Bronzino can help you prepare and file the necessary documentation.
Spousal Support and Alimony
Unlike child support, alimony has no guideline formula and is open to a great deal of negotiation. New Jersey recognizes open durational, limited duration, rehabilitative, and reimbursement alimony. A court looks at whether each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to it than the other.
Attorney Peter J. Bronzino can help you work toward an alimony settlement that accounts for year-end bonuses, future promotions, education or training needed to re-enter the workplace, and future events such as the sale of a business. Whether you may pay or receive alimony, he can help you negotiate terms that protect your interests.
Child Custody and Parenting Time
Child custody is often one of the most challenging divorce issues to resolve. In New Jersey, parents must address both physical custody, meaning who has the children and when, and legal custody, meaning who has authority to make decisions about medical, educational, and religious issues. Arrangements range from one parent having sole physical and legal custody to parents sharing both.
It is also important to consider the demands of each parent’s job, your previous roles in raising the children, the children’s own schedules, and where both parents plan to live after the divorce. These factors can affect both the best interests of the children and the type of custody you wish to pursue.
Attorney Peter J. Bronzino can help you work through these issues, pursue an arrangement that suits your family’s needs, and if necessary, advocate for your rights as a parent in court.
New Jersey Divorce FAQs
How long do I need to live in New Jersey to file for divorce?
Generally, at least one spouse must have lived in New Jersey for one year before filing. There is an exception when adultery is the ground for divorce.
Do I have to prove fault to get divorced in New Jersey?
No. New Jersey allows divorce on the no-fault ground of irreconcilable differences, as well as on the ground of separation for at least 18 consecutive months.
Does adultery affect alimony in New Jersey?
Generally, no. Marital fault is usually not relevant to alimony. A court may consider it in narrow circumstances, such as when the conduct affected the couple’s finances.
Is child support based on a formula in New Jersey?
Yes. The Child Support Guidelines are presumed to apply, although a court may deviate when a party shows that the guidelines amount would be inappropriate or the guidelines do not apply.
Contact a Monmouth and Ocean County Divorce Attorney
Even in an uncontested divorce, the paperwork, court filings, and procedures can be overwhelming, especially if you are already working a full-time job. Peter J. Bronzino helps clients with divorce-related matters throughout Monmouth County and Ocean County, including Manasquan, Wall, Brielle, Spring Lake, Point Pleasant, Brick, Jackson, and Toms River.
Our law firm does not offer a one-size-fits-all divorce strategy. Instead, we get to know the people we represent, determine what is most important to them, and work with them to develop a strategy designed to meet their individual goals and needs. This includes high-net-worth divorces involving family-owned businesses, professional practices, real estate, and investment portfolios.
To schedule a free consultation about your divorce or post-divorce modification issue, please contact us online or call our Manasquan office at (732) 812-3102.
