Divorce Attorney in Hackensack, New Jersey
Divorce is an unfortunate and common reality in the world today. With nearly half of all marriages ending in divorce, it is important to be aware of what you should expect if you are considering this option. Though every divorce is different, they are always very emotional. Some couples will not be able to decide matters on their own and must litigate the matter. Other couples may be able to communicate about their divorce outside of a courtroom. An experienced divorce attorney can help you navigate through this process and guide you in the right direction. Mark McAuliffe of McNerney & McAuliffe has significant experience compassionately guiding clients through their divorce and acting as a helpful hand during this challenging time. If you need an attorney that is dedicated to representing your best interests and protecting your assets, contact McNerney & McAuliffe today to discuss your situation with Attorney Mark McAuliffe.
Grounds for Divorce
New Jersey is a no-fault divorce state but it still offers the option for one or both parties to cite fault. When a couple chooses no-fault, they must be separated for 18 months before filing for divorce because of irreconcilable differences. Citing fault can result in other legal issues prior to the start of the case, which is why no-fault is the most common option used. However, if they choose to cite fault, their options include:
- Abandonment
- Addiction
- Adultery
- Extreme cruelty
- Deviant sexual conduct
- Incarceration
- Institutionalization
Divorce Options
When considering your divorce options, you may feel overwhelmed about the sheer volume of possibilities that are available to you. Of course, once an experienced divorce attorney explains your options, you may be able to see more clearly which one best suits your situation.
- Litigated Divorce: When a couple cannot agree to terms on their own and are not successful in any forms of alternative dispute resolution, they may go to trial and have a judge make decisions on their behalf based on the information gathered in the discovery process.
- Mediation: Mediation is often the most peaceful method of divorce and encourages the couple to engage in constructive communication to come to an agreement about the divorce. The couple will work with their respective attorneys and a neutral mediator to create a Separation Agreement outside of the courtroom on their own schedule. They are often able to save money and finalize matters more quickly than they would in court.
- Collaborative Divorce: The couple and their respective attorneys will work together with a team of experts to make come to a decision about the outstanding matters of their divorce. When a collaborative divorce is unsuccessful, it will go to court and both spouses are required to retain new attorneys during litigation.
- Arbitration: Arbitration is a binding process in which a panel of attorneys will resolve any contested issues on behalf of the couple outside of court.
- Early Settlement Panel: When a divorce is contested, a judge may require couples to take part in an Early Settlement Panel where they present their case to a panel of attorneys who can guide them towards a resolution. In situations where the panel is not successful, the couple may go to litigation where a judge can decide matters for them.
Contact a Bergen County Divorce Attorney
If you are thinking about getting divorced in the state of New Jersey, it is important that you consult with an experienced legal team who can explain each step of the process and give you an idea of what to expect given your personal situation. Mark McAuliffe of McNerney & McAuliffe has significant experience guiding clients through divorce matters such as equitable distribution, spousal support, child support, and child custody, no matter which type of divorce they choose. If you need an experienced attorney, contact McNerney & McAuliffe today.
