New Jersey Divorce Lawyer

Divorce Attorney Serving New Jersey

Divorce in New Jersey involves the dissolution of the marriage, division of marital assets and debts, determination of alimony, and resolution of child custody and support issues if children are involved. The process begins with the filing of a Complaint for Divorce in the NJ Superior Court, Family Division. New Jersey requires that at least one spouse has been a resident for 12 months before filing, unless the grounds are adultery.

Agarunov Law Firm represents clients in both contested and uncontested divorces throughout New Jersey. We handle every aspect of the divorce process, from filing and discovery through negotiation, mediation, and trial if necessary. Our Englewood office at 285 Grand Avenue serves clients in Bergen County and northern New Jersey.

The NJ Divorce Process

Filing and Initial Pleadings

The divorce process begins when one spouse files a Complaint for Divorce and the other spouse files an Answer and, if applicable, a Counterclaim. The filing spouse must establish grounds for divorce and residency requirements. After filing, the court issues a Case Information Statement (CIS) requirement, which is the comprehensive financial disclosure form used in NJ divorces. Both parties must complete the CIS, which details income, expenses, assets, and liabilities.

Discovery and Financial Disclosure

Financial discovery is often the most critical phase of a NJ divorce. Both parties are required to provide complete financial disclosure through the Case Information Statement, tax returns, pay stubs, bank statements, investment account records, real estate appraisals, and business valuations when applicable. Hidden assets, underreported income, and improper valuations are common issues that require thorough investigation.

Negotiation and Mediation

NJ courts encourage settlement through negotiation and court-ordered mediation. The Economic Mediation Program is available in contested divorce cases to help resolve financial issues outside of trial. Many NJ divorces are resolved through a Marital Settlement Agreement (MSA) that addresses all issues including property division, alimony, child custody, and child support. We negotiate MSAs that protect our clients' financial interests and parental rights.

Trial

When settlement is not possible, the case proceeds to trial before a Family Division judge. The judge hears testimony, reviews evidence, and issues a Final Judgment of Divorce that resolves all contested issues. We prepare thoroughly for trial, including retention of expert witnesses for property valuation, custody evaluation, and vocational assessment when necessary.

Equitable Distribution in New Jersey

New Jersey divides marital property under the equitable distribution standard, which means the court divides assets fairly based on 16 statutory factors rather than splitting everything 50/50. Marital property includes assets acquired during the marriage regardless of whose name is on the title, with exceptions for gifts, inheritances, and property covered by a prenuptial agreement. Common marital assets include the marital home, retirement accounts, pensions, investment portfolios, business interests, and professional licenses. We work with financial experts to identify, value, and advocate for a fair distribution of all marital assets.

Alimony in NJ Divorce

The 2014 Alimony Reform Act changed how NJ courts approach alimony. For marriages of fewer than 20 years, limited duration alimony is the norm, and the duration generally cannot exceed the length of the marriage. For marriages of 20 years or more, the court may award open durational alimony without a set end date. The amount is based on 14 statutory factors including each spouse's actual income and earning capacity, the marital standard of living, the duration of the marriage, and each spouse's parental responsibilities.

Where and How a New Jersey Divorce Proceeds

New Jersey divorces are filed in the Superior Court, Chancery Division, Family Part, in the county where the grounds arose or where either spouse lives. At least one spouse must have been a New Jersey resident for twelve months before filing, except for adultery. Most cases are filed on the no-fault ground of irreconcilable differences, which requires that the differences have lasted at least six months and make continuing the marriage unreasonable; fault grounds remain available but rarely change the financial outcome.

The Steps Most Cases Follow

1. Complaint and answer, followed by exchange of Case Information Statements setting out income, expenses, assets and debts
2. Discovery, including valuations of businesses, pensions or real estate where needed
3. Early Settlement Panel, where experienced matrimonial attorneys recommend a financial resolution
4. Economic mediation if the panel does not resolve matters
5. Trial, which a small minority of cases reach

Equitable Distribution and Support

New Jersey divides marital property by equitable distribution, which means a fair division rather than an automatic equal split, under statutory factors including the length of the marriage, each spouse’s contribution, and their economic circumstances. Property owned before the marriage, and most inheritances and gifts from third parties, are generally exempt, though commingling can change that.

New Jersey alimony comes in several forms, including open durational alimony for longer marriages, limited duration, rehabilitative and reimbursement alimony. For marriages of less than twenty years, alimony generally may not exceed the length of the marriage except in unusual circumstances. Child support follows the New Jersey Child Support Guidelines, and custody decisions apply the statutory best-interests factors.

We handle New Jersey divorce and family matters from our Englewood office in Bergen, Hudson, Essex and Passaic counties. Related services are listed on our New Jersey family law page, including prenuptial and postnuptial agreements.

Why NJ Divorce Clients Choose Agarunov Law Firm

• Experienced handling contested and uncontested NJ divorces, including complex property division and alimony disputes.
• Thorough financial discovery and asset identification to ensure equitable outcomes.
• Englewood office serving Bergen County and northern NJ.
• Licensed in both NY and NJ for divorces involving property or issues in both states.
• Free initial consultations for all divorce matters.