Bergen County Divorce Lawyers
Glen Rock attorneys represent spouses in marriage dissolution proceedings
The breakup of a marriage could entail complex emotional, financial and legal considerations, which are unique to each family, but you don’t have to go through this painful process alone. At Feitlin, Youngman, Karas & Gerson, LLC in Glen Rock, Kathy Karas-Pasciucco is a knowledgeable and experienced New Jersey divorce attorney who has protected the rights of spouses for many years.
We’ve handled many divorces for our clients, and we know that every family involved in a divorce is different. The legal and interpersonal dynamics of each situation need to be carefully assessed to determine the best possible legal strategy. Whether the approach is collaborative, cooperative or adversarial, we bring a depth of professional experience and personal insight to each family law matter.
Types of divorces
The type of divorce process you use can have a significant effect on your well-being and possibly the eventual result. We can assist with any option you choose, such as:
- Uncontested divorce — The marriage dissolution process can be difficult enough without adding the burden of going to trial. Even in cases where spouses have serious relationship differences, attempting to negotiate an uncontested divorce can benefit both sides. If consensus is achieved on custody, parenting time, child support, property division and alimony terms, our firm can prepare a marital settlement agreement for submission to the judge.
- Contested divorce — Sometimes parties simply cannot find common ground on divorce terms. This is especially true if there is an allegation of domestic violence or financial impropriety. When going to court is the best way to achieve a favorable result, you can rely on our successful trial track record.
- Mediation — Many divorcing couples come to a settlement through mediation. This process includes a qualified third-party mediator, who works to help spouses find common ground.
- Arbitration — Like mediation, arbitration is a way to finalize divorce terms outside of court. Instead of trying to reach consensus, however, the arbitrator hands down the decision, which the parties can agree to honor or use as a guide.
- Collaborative divorce — In a collaborative divorce, the parties do not use the traditional adversarial legal process. Instead, spouses and their attorneys sign an agreement to work together toward a mutually agreeable resolution by sharing information and the cost of experts.
For all types of divorces, we strive to secure an outcome that helps you and your children move past a difficult time successfully.
New Jersey divorce process
What people commonly refer to as divorce is called dissolution under New Jersey law. To file for a dissolution, one or both spouses must have resided in the state for at least one year. Most New Jersey spouses opt for a no fault divorce where it is not necessary to prove any type of misconduct to end the marriage. You can file for a no fault divorce by alleging that there have been irreconcilable differences between you and your spouse for at least six months or that the two you have lived apart for at least 18 months. Fault-based divorces where the filing spouse alleges desertion or extreme cruelty in the complaint can also be granted.
In uncontested divorces where the parties agree on all divorce terms, the case might only take a couple months to finalize. Contested divorces require much more time, often running more than a year. During this period, the judge will likely encourage you and your spouse to work out disagreements over parenting and financial terms. Should this fail, you will probably have to work with a mediator in an attempt the bridge the gap. When no settlement is reached, our firm will prepare for trial, which will be proceeded by the discovery process that might involve detailed review of financial documents and other information gathering.
Equitable distribution of marital property
In divorces where spouses cannot agree on a division of marital assets and debts, New Jersey judges make a decision based on the state’s equitable distribution law. This means that he or she decides what is fair based on a review of various factors, such as the duration of marriage, each spouse’s economic circumstances and the couple’s standard of living. The outcome does not have to result in both sides receiving an equivalent share of the marital estate so it is important to have an attorney who can present your position effectively in court.
Contact an effective North Jersey divorce lawyer for an appointment
Feitlin, Youngman, Karas & Gerson, LLC handles divorces and related family law proceedings for clients throughout New Jersey. To set up a consultation with an experienced attorney, please call 201-468-0966 or contact us online. We are located in Glen Rock.