Princeton, NJ Divorce Lawyer

Divorce Law Attorney in Princeton, New Jersey

Divorce Lawyers in Princeton Helping People Move Forward with Their Lives

The dissolution of a marriage is a difficult time for all involved, including children. Fortunately, squabbling spouses have in their hands the power to make their divorce as easy or as difficult as they want it.

The lawyers at Petrelli Previtera, LLC have represented countless men and women in their divorces. We can help our clients negotiate a favorable settlement or present a powerful argument to a judge during a divorce hearing. Please contact us for more information.

Requirements for Divorcing in New Jersey

Our state has certain rules regarding divorce that couples must follow in order to get divorced in New Jersey. For example, at least one spouse must have been a resident of New Jersey for at least a year before filing for divorce. If you just moved here, then you might have to wait before you can obtain a divorce decree.

Couples must also identify the grounds for their divorce. Most couples probably divorce due to irreconcilable differences, which means that they do not believe the marriage can be saved. There are other grounds you can discuss with your Princeton divorce law attorney.

Reducing the Costs of Divorce

Costs are always a consideration, even for high net-worth individuals. If a couple has been married a short time, then they might easily agree on all issues, such as:

• Division of marital property/debts
• Alimony
• Child custody
• Child support

However, the longer a couple has been married, the more financially entwined they are. Issues involving children are also ripe for dispute. If couples cannot agree to a divorce settlement, then a protracted divorce might be unavoidable.

Our divorce law lawyers in Princeton have helped couples reach an agreement on many issues by participating in mediation or other alternative dispute techniques. Couples who can agree on even a few issues can cut down on the time needed for their divorce, which also reduces the expense.

Understanding Your Rights to Child Custody

Both parents have a right to see their children after divorce. Unless there has been abuse or abandonment, each parent should have a meaningful time with their children and have a voice when it comes to making important decisions, such as whether a child can get medical care or where they go to school.

Child custody comprises legal and physical custody, which can be joint or sole. We advocate for mothers and fathers to have as much time with their children as they can.

There are many practical difficulties when it comes to child custody. Unless the parents live literally side by side, the children usually need to spend most of the school year with one parent. This does not mean the other parent is cut off entirely from their child’s life. Instead, this non-custodial parent usually can get time with the children on weekends, school vacations, and summer vacations.

Successful co-parenting often requires a detailed parenting plan as a foundation. This plan should anticipate all matters of dispute and come up with ways for parents to work together. For example, if your child is sick, many parents want make-up visitation with their children. These types of contingencies must be included in a parenting plan. Speak with our divorce law attorney in Princeton for help with any child custody issue.

Dividing Your Assets

The division of marital property (and debts) is extremely complicated. New Jersey has laid down some basic rules that generally apply to all couples:

• Unless you have a valid prenuptial agreement, any wages earned or assets obtained after marriage are considered marital. It doesn’t matter if the asset is only deeded or titled in only one spouse’s name.
• Gifts and inheritances are usually the separate property of the spouse who received them.
• Marital assets can include retirement accounts and small businesses. Even if those assets were obtained before marriage, any increase in the value could be considered marital.

New Jersey follows the rules of equitable distribution. This means a judge will divide assets “fairly,” not necessarily equally. Couples can always divide assets and debts themselves in a way that makes sense. If not, a judge will do it after reviewing many factors.

Paying or Receiving Alimony

In some marriages, both spouses earn roughly the same amount of money. However, in others, one spouse earns much more. A divorce can financially devastate a lower-earning spouse, but monthly alimony payments might mitigate some of the fallout.

Our divorce law lawyers in Princeton understand alimony inside and out. Judges are not obligated to award alimony. Instead, they have the discretion to award alimony for various reasons as spelled out in N.J.S.A. § 2A:34-23. An experienced attorney can often make a difference in this area of law by collecting and presenting evidence to show that alimony is either necessary or not needed.

Recent changes to the tax laws have also changed who can deduct alimony. Formerly, the payor spouse could deduct it from his or her income taxes. Now the law has changed, and the spouse who receives alimony gets the tax break. Consequently, alimony is often being used as a bargaining chip in divorce settlement negotiations.