At the Troppoli Law Firm, we are ready to advise individuals who are seeking to end their marriage, or find that they are charged as defendant in a domestic violence proceeding. There are many grounds for filing for divorce, in New Jersey. A complaint may be filed as a no-fault divorce. In cases of this kind, evidence of wrongdoing is not presented that one spouse or the other caused the marriage to end. Rather, the marriage is dissolved based upon the separation of the parties, who have lived apart for at least 18 consecutive months. A marriage may also be dissolved due to irreconcilable differences, which does not require a separation period, but instead the parties have experienced such differences for a period of time of at least six months.
There are many issues to be considered in the dissolution of a marriage. Without a pre-nuptial agreement, or an agreement between the parties, the courts in New Jersey have determined that all marital property is subject to equitable distribution. What this means generally is that each spouse will keep their own separate property, or assets acquired prior to a marriage, or otherwise gifted or inherited by a spouse during the marriage. In certain cases, separate property may be subject to equitable distribution if a spouse can prove that its value was enhanced by the efforts of that spouse. As to marital property jointly acquired, it is the court which determines what would be fair, and it does not necessarily result in an even split.
We can assist you throughout this stressful time, and provide information to you regarding the mediation process, the impact on child custody and visitation, and alimony issues. Contact us today to schedule a conference with our office.