Bastarrika, Soto, Gonzalez & Somohano, L.L.P. | Attorneys at Law

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Bastarrika, Soto, Gonzalez & Somohano, L.L.P. | Attorneys at Law
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Finding Creative Solutions To Your Legal Challenges

Passaic County Divorce Lawyer

Making the decision to get a divorce is never easy. But once you have done so, you are choosing to take the first step toward a brighter future for yourself and your children. It may not seem that way initially, but with the right attorney, you can navigate this process with the support and guidance you need to feel empowered and encouraged to take control of your situation.

At Bastarrika, Soto, Gonzalez & Somohano, L.L.P., serving Passaic County, Bergen County and the surrounding communities, our family law lawyers are highly qualified to help you work through your divorce, no matter how complex it may seem. We are committed to helping you obtain the outcome you deserve in a cost-effective manner. We do this by efficiently prioritizing your needs and goals so we can make the process as economically feasible as possible.

Navigating Your Divorce in Passaic County

Here are a few of the questions our divorce lawyers often see:

What Do New Jersey Divorce Lawyers Do?

Hiring an attorney for divorce is a critical step in addressing the legal and emotional complexities of ending a marriage. While some couples attempt a do-it-yourself divorce, this approach often results in unforeseen disputes, delays and stress. A skilled Passaic County divorce lawyer provides the knowledge and guidance needed to resolve all aspects of your case efficiently and fairly. Key roles of a divorce lawyer may include:

  • Comprehensive legal guidance: A divorce lawyer can make sure that all legal requirements and procedures are followed correctly. From filing paperwork to meeting deadlines and understanding asset distribution laws, they handle the technical aspects of your case. Their attention to detail can prevent mistakes or delays that might complicate the process.
  • Resolving financial and property matters: Financial disagreements are common in divorce cases. A Passaic County divorce lawyer can help identify and value marital assets, divide property fairly and address shared debts. They advocate for your best interests when it comes to significant financial matters such as retirement accounts, real estate and business assets, making sure you get a fair outcome.
  • Custody and support agreements: When children are involved, custody arrangements and support agreements can become highly emotional. An attorney for divorce works to secure custody arrangements that prioritize the child’s well-being and protect your parental rights. They also calculate fair child support and, if needed, negotiate or litigate spousal support agreements.
  • Minimizing conflict: Divorces often bring about emotional stress, especially when disputes arise over financial or custody matters. A lawyer for divorce acts as a mediator, facilitating communication and resolving conflicts on your behalf. Their skill in alternative dispute resolution methods, such as mediation, can help resolve disagreements more amicably, reducing stress and time spent on litigation.

By hiring a knowledgeable Passaic County divorce lawyer in New Jersey, you gain an ally who can protect your interests, guide you through every step and help you reach a fair resolution for a better future. They provide the legal insight necessary to handle the details of your case while offering the reassurance and support you need to move forward with confidence.

How Long Does A Divorce Take In New Jersey?

How long your divorce will take depends on if you file for a contested or uncontested divorce. An uncontested divorce, where you and your spouse agree on the key terms such as child custody and property division, can take six to eight weeks. A contested divorce can take ten months to a year to finalize.

Is New Jersey A 50/50 State When It Comes To Divorce?

In New Jersey, courts do not automatically split marital property in equal 50-50 halves between divorcing spouses. Instead, courts follow an equitable distribution model when considering property division in a divorce. Under this model, the court divides property in a way that is fair to both parties.

Should I File For Divorce First In New Jersey?

Filing for divorce first has some benefits but will not have a significant impact on your overall case. For example, the party that files first has the first opportunity to present their version of the case. If you are considering taking the first step and filing for divorce, our attorneys can help guide you through the process.

Do You Need To Be Separated Before Divorce In New Jersey?

In New Jersey, spouses are not legally required to be separated before filing for divorce. Unlike some states that mandate a separation period, New Jersey law allows for filing for divorce on various grounds without needing a specified period of separation. New Jersey recognizes both “no-fault” and “fault-based” grounds for divorce.

No-fault grounds for divorce in New Jersey include irreconcilable differences and separation. For this, the following conditions must be met:

  • The couple has experienced irreconcilable differences for at least six months.
  • The irreconcilable differences make it appear that the marriage should be dissolved.
  • The parties must state that there is no reasonable prospect of reconciliation.

There is no mandatory separation period for divorce on the grounds of irreconcilable differences. On the other hand, divorce on the grounds of separation requires that the spouses have lived separately and apart for at least 18 consecutive months.

New Jersey also allows filing for divorce on several fault-based grounds, including:

  • Adultery
  • Extreme cruelty (mental or physical abuse)
  • Desertion (willful abandonment for at least 12 months)
  • Addiction or habitual drunkenness for 12 or more consecutive months
  • Institutionalization for mental illness for 24 or more consecutive months
  • Imprisonment for 18 or more consecutive months after the marriage
  • Deviant sexual conduct without the consent of the other spouse

There is no separation period required for divorce on fault-based grounds, meaning that a spouse can file for divorce immediately upon establishing that the fault-based criteria are met.

How Long Does It Take To Get A Divorce In New Jersey?

The typical divorce in New Jersey takes between three and 12 months to get finalized. However, this timeline can vary due to various factors, such as:

  • Level of cooperation between the spouses
  • Court’s schedule and availability of dates
  • Need for discovery of marital assets
  • Complexity of the division of assets
  • Disputes over child custody and alimony
  • Efficiency of legal professionals

With guidance from an experienced divorce attorney, these factors can be handled efficiently, potentially streamlining the process and minimizing the time needed to finalize the divorce.

Navigating Your Divorce In Passaic County

Going through a divorce case can feel overwhelming. In Passaic County, the divorce process follows a series of structured steps. Having a reliable divorce attorney helps the process feel less overwhelming.

We have walked this path with many clients and know how important it is to feel supported and informed throughout the legal process. Therefore, the following are the general steps followed in a typical Passaic County divorce:

  • File the Divorce Complaint: One spouse (the plaintiff) starts the divorce case by filing a complaint for divorce. It includes paperwork such as the Case Information Statement and proof of service. The complaint must state the grounds for divorce, which can be either no-fault, such as irreconcilable differences, or fault-based, like adultery or cruelty.
  • Service of Process: The plaintiff must serve the divorce papers, the Complaint and Summons to the other spouse within 60 days. This helps ensure both parties are aware of the legal process and can participate fully.
  • Response or default: The other spouse (the defendant) can respond by filing an Answer or Counterclaim. If there is no response, the court may proceed with a default divorce. Failing to respond could mean losing the opportunity to contest terms involving finances or parenting.
  • Case Management Conference (CMC): The court schedules this conference to organize the case. It sets deadlines, manages expectations and may also suggest mediation options.
  • Discovery Phase: Both sides share important information. This includes financial records, property details and anything else that may impact decisions about child custody, support or asset division. Hidden assets or incomplete disclosures can delay the process or lead to unfavorable outcomes.
  • Settlement Efforts: Courts strongly encourage resolving issues outside of trial. This may include early settlement panels, mediation sessions or settlement conferences.
  • Trial (if necessary): If an agreement cannot be reached, the case moves to trial. A judge will hear both sides and decide on remaining issues, including child custody, support and property division.

At every stage, it is crucial to work with a knowledgeable law firm that understands the local courts and can guide you with care and confidence.

With the right support, you can handle this divorce process with clarity and strength. Whether protecting your rights or working toward a peaceful outcome, we are here to help families in Passaic County move forward.

Your Divorce Is As Unique As Your Marriage

Marriages are complex. Many factors will need to be addressed as you negotiate the many agreements contained in your divorce decree, including alimony and property division. This can seem overwhelming on top of the variety of emotions and financial stress you may be experiencing. It is our job to simplify this process as much as possible so that you can focus on what matters most.

Divorce is personal and we want you to understand that we have your best interests at heart. We create strong, long-lasting relationships with our clients in an effort to build a foundation that is anchored on trust. This is your case and your life, so we are dedicated to giving you the information you need to make smart choices about your situation.

Postnuptial Agreements And Modifying Your Future

When dealing with the breakdown of a marriage and financial disputes, a Passaic County divorce attorney is invaluable. A divorce lawyer can help identify the marital estate. They can also help by assisting with the creation of a postnuptial agreement.

When spouses do not agree on finances, our Passaic County postnuptial agreement lawyer can offer guidance. Additionally, we can facilitate calm discussions about key matters. This can help resolve disagreements and improve communication.

Establishing terms in a postnup can help both people see their situation accurately. In turn, this can reveal ways to work together to address financial concerns. Postnuptial agreements can protect spouses from the expense and stress of a contentious divorce.

The need for legal guidance does not disappear after the end of a New Jersey marriage. After a divorce, a family lawyer can help address major life changes by guiding clients in modifying existing court orders. The terms included in alimony and child support orders reflect the unique financial circumstances of the spouses. If their situation changes substantially, the financial support orders approved by the courts may need to change as well.

If a self-employed professional has a drastic downturn in business or a worker loses their job, court orders need to evolve. A noteworthy reduction in income may require an adjustment of these orders. This is to prevent arrears from accruing and economic hardship for the paying spouse.

Similarly, if the spouse receiving alimony or child support experiences good fortune, the improvement in their circumstances and decrease in their needs may warrant a modification of orders involving support. The courts may also modify orders based on an increase in need due to new medical challenges for shared children or a recipient losing their job.

Our Passaic County divorce attorneys are deeply familiar with the local filing requirements. We can use that familiarity to help get a modification request heard quickly by the court. We can also help spouses negotiate financial matters to create a postnuptial agreement that complies with New Jersey law.

Taking The First Step Toward Your New Future

To learn more about how our divorce attorneys can help you navigate your divorce, schedule a consultation at our Woodland Park office today. To get in touch with us, call 973-370-0997 or send us an email.