Call Today: (201) 445-8381
Call Today: (201) 445-8381

Divorce & Separation

Hackensack Divorce Attorney

Young couple sittin back to back on the sofa,having relationshipRepresenting clients facing Bergen County divorce matters

Debra F. Schneider, Esq. has been guiding Bergen County and New Jersey clients through divorce and separation matters for over 25 years. When a couple divorces, it can seriously impact the family. To complete the process, the divorcing spouses have to address issues relevant to them, including child support, child custody, division of assets, alimony, and more. Some divorces can be complex, including one’s involving businesses and high net worth individuals. In some situations, couples prefer separation to divorce and need an attorney to help them through the process. Whatever the case, you need an attorney that is dedicated to every client. If you need high-quality legal services matched with integrity and compassion, contact Debra F. Schneider, Esq.

Divorce

A contested divorce is when a couple cannot agree to the terms of the divorce or the grounds in which a spouse based the divorce. With regard to grounds for divorce, New Jersey is a “no-fault” divorce state, meaning that a couple can get divorced based on “irreconcilable differences.” It is not a pure one though and couples can cite “fault” grounds for divorces, including adultery, incarceration, substance abuse, cruelty, and more. This opens the floor to a contested divorce before the real issues come into play. Most contested divorces are based on the same applicable issues, including alimony, property distribution, child support, and child custody. These topics can easily send a couple to court to engage in an emotionally-charged battle. Even one issue can lead to litigation.

Divorce Process

The divorce process can be a complicated and emotional undertaking. In some cases, depending on the situation, a divorce can take quite some time to complete. Though New Jersey hopes that the divorce process lasts no longer than a year, there are always exceptions. If you are facing a contested divorce, you should consider your options. You will have to address topics relevant to your situation, including property distribution, alimony, child support, and child custody.

Spousal Support

In order to complete the divorce process, one must consider the topic of spousal support. There are many issues that become heated in a divorce case. Alimony is no exception. Often, parties disagree on who is entitled to what support. New Jersey courts award the dependent party a certain type of alimony based on his or her financial needs and earning capacity. Alimony, also known as spousal support, can be modified as circumstances change.

Division of Assets

When a couple divorces, one of the most important topics that need to be addressed is the distribution of assets. When each party feels entitled to a certain split of assets and their opinions differ, this topic can quickly lead to a contested and heated court battle. New Jersey is an equitable distribution state. Equitable distribution is the just and fair allocation of assets. This does not always mean an equal split.

Post-Judgment Modifications

At the conclusion of a divorce, a judge will draft a Final Judgement of Divorce addressing all outstanding relevant matters, including the division of assets, child custody, child support, and alimony. Obviously, courts cannot reasonably see into the future or take into consideration the possibility of a change of circumstances. If circumstances change, a court is open to modifying the order. If you are requesting a modification, you need to establish an ongoing, continuing, and unforeseen change in circumstances that meet the legal standard of the court.

Legal Separation

Simply put, New Jersey does not acknowledge legal separation. The New Jersey Court’s website states that New Jersey does not grant legal separations. “If you are living separate and apart from your spouse, you may consider yourself separated.” Though legal separation is not acknowledged by the court, there are ways to acquire the same goal. Our firm has years of experience guiding New Jersey clients through alternatives to legal separation, including drafting separation agreements and limited divorce, also known as a divorce from bed and board.

Divorce with a Business

Divorce is a complicated process. There are countless variables that can impact the way a relationship is dissolved. An already emotional and complex problem can be compounded by the addition of owning a business. In some cases, one spouse owns the business while the other works separately. In other cases, they may work together to build and prosper from a business. Sometimes, one works at the business while the other takes care of the home. Whatever the case, a business will most likely be taken into consideration when distributing assets. Unless the business was agreed to be separate property, it will most likely fall under marital property.

High Net Worth Divorce

Divorce has the potential to be a complicated and emotional process. Everyone would like to move on to a better situation but some issues can slow down the process and become heated enough to erupt in a court battle. When assets increase, the factors that impact the divorce process can become even more complex and troublesome. A high net worth divorce occurs when the combination of monies and assets are valued at or over one million dollars.

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