Divorce Lawyer Bergen County, NJ

Trusted Family Law Representation

Our Bergen County, NJ divorce lawyer understands that navigating the complexities of a divorce can be an emotionally taxing and challenging journey for anyone involved. Located in the heart of Bergen County, NJ, our team of skilled divorce lawyers is committed to providing compassionate, comprehensive legal representation tailored to the unique needs of each client. With decades of collective experience, we specialize in a wide range of family law matters, from straightforward uncontested divorces to the most complex and contentious disputes. Our approach is grounded in a deep understanding of the intricacies of New Jersey’s divorce laws, ensuring that our clients are expertly guided through each step of the process. Contact our team at Kantrowitz, Goldhamer & Graifman, P.C. today.

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Why You Should Choose Our Divorce Lawyer

  • 50+ Years of Experience: We have a long history of handling contested and uncontested divorces in New Jersey.
  • Comprehensive Family Law Services: Our firm covers property division, child custody, alimony, prenuptial agreements, and more.
  • Aggressive Advocacy & Compassionate Support: We fight for your best interests while ensuring you understand each step of the legal process.
  • Strong Local Presence: Our firm has served Bergen County families for decades, making us well-versed in New Jersey divorce laws.

Common Reasons Why Couples Seek Divorce

Divorce is a complex and often heart-wrenching process that couples may decide to undertake for various reasons. At Kantrowitz, Goldhamer & Graifman, P.C., we have supported numerous clients through their divorce proceedings, offering expert legal guidance and representation. As experienced divorce lawyers in Bergen County, NJ, we have observed several common reasons why couples choose to part ways. Understanding these reasons can help individuals navigate their situations more effectively and make informed decisions about their futures.

  • Lack of Communication
  • Infidelity
  • Financial Issues
  • Growing Apart

Guidance on New Jersey Divorce Laws

  • Understanding Legal Grounds: We begin by helping our clients understand the legal grounds for divorce in New Jersey and determining the most appropriate grounds to file under based on their specific circumstances.
  • Navigating the Process: Our team guides clients through each step of the divorce process, from filing the initial complaint to finalizing the divorce decree. We ensure that clients are informed and prepared for what to expect at each stage.

New Jersey allows both fault-based and no-fault divorces. Couples can file for divorce under the following grounds:

  • Irreconcilable Differences (No-Fault Divorce): Requires six months of unresolved marital issues.
  • Fault-Based Divorce: Includes adultery, desertion, extreme cruelty, addiction, imprisonment, or institutionalization.

The divorce process involves filing a complaint, serving the other party, negotiations, court appearances, and finalizing the settlement or trial. Our attorneys handle every aspect, ensuring timely and effective case resolution.

Protecting Your Financial Interests

  • Asset and Debt Division: We provide expert advice on equitable distribution of marital assets and debts, ensuring a fair division that protects our clients’ financial interests.
  • Spousal and Child Support: Our attorneys negotiate and advocate for fair spousal and child support arrangements, taking into account the financial needs and capabilities of both parties.
  • Retirement and Investment Accounts: We address the complex issues surrounding the division of retirement and investment accounts, ensuring compliance with legal requirements and protecting our clients’ future financial security.

Prioritizing Children’s Best Interests

  • Child Custody and Parenting Time: Our primary focus in any case involving children is to protect their best interests. We help clients negotiate custody arrangements and parenting time schedules that foster a healthy environment for the children.
  • Modifications: Life changes, and so do the needs of children. We assist clients in modifying existing custody and support orders to reflect new circumstances, always prioritizing the well-being of the children involved.

Negotiating and Litigating with Your Best Interests in Mind

  • Negotiation and Mediation: We believe in the power of negotiation and mediation to resolve disputes amicably and efficiently. Our lawyers are skilled negotiators, dedicated to achieving favorable outcomes for our clients while minimizing emotional and financial strain.
  • Litigation: When litigation is necessary, our team is prepared to vigorously represent our clients in court. We combine thorough preparation with strategic advocacy to protect our clients’ rights and interests throughout the trial process.

Offering Support and Accessibility

  • Emotional Support: We understand that divorce is not just a legal process but an emotional journey. Our team offers compassionate support, helping clients navigate the emotional aspects of their divorce with sensitivity and understanding.
  • Accessibility: Our clients have direct access to their attorneys, ensuring that questions and concerns are addressed promptly. We believe in keeping clients informed and involved in their cases, providing regular updates and clear communication.

Key Aspects of Divorce in Bergen County

Division of Assets & Property

New Jersey follows equitable distribution laws, meaning marital assets are divided fairly (not necessarily equally). Our firm helps clients protect:

  • Real estate properties
  • Business interests
  • Retirement accounts & pensions
  • Investments & savings

Child Custody & Support

Child custody is determined based on the child’s best interests. We assist with:

  • Legal & Physical Custody: Determining decision-making rights and parenting schedules.
  • Child Support Calculations: Ensuring compliance with New Jersey Child Support Guidelines.
  • Modifications & Enforcement: Assisting with custody or support adjustments when circumstances change.

Spousal Support (Alimony)

Alimony is awarded based on income, length of marriage, and financial needs. We advocate for fair agreements whether you are seeking or contesting spousal support.

Modification and Enforcement

Life circumstances change, and with them, the ability to pay or the need for support may also change. Whether it’s a significant increase or decrease in income, remarriage, or a change in custody arrangements, these factors can necessitate a modification of spousal or child support orders. We assist our clients in navigating the legal process for modifying support orders, providing the necessary evidence to support the request for a change.

Enforcement of support orders is another area where we offer our expertise. If a spouse fails to comply with court-ordered spousal or child support, we can take legal action to enforce the order, including garnishment of wages, liens on property, or other legal remedies available under New Jersey law.

Steps of the Divorce Process

Understanding the process of divorce is crucial for anyone considering or facing the dissolution of their marriage. It involves several steps, each with its own legal requirements and emotional challenges. At Kantrowitz, Goldhamer & Graifman, P.C., our experienced divorce lawyers in Bergen County, NJ, are dedicated to guiding our clients through this complex process with compassion and expertise. Here, we outline the key stages of divorce to help individuals better understand what to expect.

  • Initiating the Divorce

The process begins when one spouse files a complaint for divorce with the court. This document outlines the grounds for divorce and any initial requests for relief, such as child custody or support. Once filed, the complaint must be legally served on the other spouse, giving them notice of the divorce action.

  • Responding to the Divorce

The spouse who receives the complaint has a specific period to respond. They may agree with the statements in the complaint, contest them, or file counterclaims. Either spouse can request temporary court orders for issues like child support, spousal support, or custody during the divorce proceedings.

  • Discovery Phase

Both parties engage in the discovery process, exchanging detailed information about assets, debts, income, and expenses. This can involve written questions (interrogatories), document requests, and depositions. In some cases, specialists such as child psychologists, appraisers, or financial analysts may be involved to provide insights on custody, asset valuation, or income.

  • Negotiation and Settlement

With the help of their divorce lawyers, parties will attempt to negotiate agreements on various aspects of the divorce, including asset division, child custody, support, and alimony. If direct negotiations are unsuccessful, mediation may be recommended. A neutral third party helps the spouses reach agreements.

  • Trial

f negotiation and mediation do not result in a settlement, the case will go to trial. Both parties present evidence and arguments, and a judge makes the final decisions. The judge’s decisions on all contested issues are formalized in a judgment of divorce, which legally dissolves the marriage.

  • Post-Divorce Actions

After the divorce, if circumstances change significantly, either party can request modifications to orders for custody, support, or alimony. If one party fails to comply with the terms of the divorce decree, the other party may take legal action to enforce compliance.

Bergen County Divorce Infographic

The Divorce Process In Bergen County, NJ

Bergen County Divorce Statistics

New Jersey, including Bergen County, has one of the nation’s lowest divorce rates. As of 2017, New Jersey had the third lowest divorce rate in the United States, with 12.7 divorces per 1,000 married people. This low rate could be influenced by factors such as higher median household incomes and lower unemployment rates in the state compared to the national average.

Bergen County Divorce FAQs

Divorce is a major decision, and having the legal guidance of a Bergen County, NJ divorce lawyer can make the process more manageable. Many people wonder how a lawyer can assist them through the stages of a divorce and what specific services they provide. Here, we answer some frequently asked questions to help you understand how we can help you during this time.

How Long Does a Divorce Take in New Jersey?

The duration of a divorce in Bergen County, NJ, can vary significantly depending on several factors, such as whether the divorce is contested or uncontested, the complexity of the marital assets, and the willingness of both parties to come to an agreement on key issues. An uncontested divorce, where both parties agree on all terms, can be finalized in a few months. However, a contested divorce, involving disputes over assets, custody, or other matters, may take a year or more to resolve. The specific timeline also depends on the court’s schedule and the efficiency of the legal representation involved. An uncontested divorce may take 3–6 months, while contested cases can take over a year, depending on court availability and negotiations.

Do I Need to Go to Court for my Divorce?

Not always. Mediation and settlement negotiations can resolve many divorces outside of court, saving time and money.

What Happens if my Spouse Refuses to Cooperate?

If a spouse refuses to participate, a default judgment may be granted, allowing the court to finalize the divorce based on available evidence.

How Can I Protect my Assets in a Divorce?

Working with an experienced attorney ensures proper valuation and negotiation of marital property. Prenuptial agreements can also provide added protection.

How Long Does a Divorce Take in Bergen County?

The duration of a divorce in Bergen County, NJ, can vary significantly depending on several factors, such as whether the divorce is contested or uncontested, the complexity of the marital assets, and the willingness of both parties to come to an agreement on key issues. An uncontested divorce, where both parties agree on all terms, can be finalized in a few months. However, a contested divorce, involving disputes over assets, custody, or other matters, may take a year or more to resolve. The specific timeline also depends on the court’s schedule and the efficiency of the legal representation involved.

Is New Jersey a No-Fault Divorce State?

Yes, New Jersey is a no-fault divorce state, allowing couples to file for divorce without the need to prove fault or wrongdoing by either spouse. One of the most common grounds for a no-fault divorce in New Jersey is irreconcilable differences, where the couple acknowledges that their marriage has broken down for at least six months and reconciliation is not possible. This provision enables a more straightforward and less contentious divorce process, as it eliminates the need for proving fault such as adultery, cruelty, or abandonment.

Can I Get Divorced in Bergen County New Jersey if I Was Married in Another State?

Yes, you can file for divorce in Bergen County, NJ, even if you were married in another state, provided that at least one spouse has been a resident of New Jersey for at least one year prior to filing. New Jersey’s residency requirement is designed to ensure that the state has jurisdiction over your divorce case. The location of the marriage itself is not a determining factor in where you can file for divorce, as long as the residency requirements are met.

How Is Child Custody Determined in a Bergen County Divorce?

In Bergen County, NJ, child custody is determined based on the best interests of the child, a standard that considers various factors to ensure the child’s health, safety, and welfare are prioritized. These factors include the parents’ ability to agree, communicate, and cooperate in matters relating to the child; the needs of the child; the stability of the home environment; the fitness of each parent; and the child’s relationship with each parent. New Jersey courts do not favor either parent based on gender and aim to encourage shared parenting responsibilities whenever possible.

Are Assets Always Divided Equally in a Bergen County Divorce?

In Bergen County, NJ, assets are divided according to the principle of equitable distribution, which does not necessarily mean equal division. Instead, the court looks at various factors to determine a fair distribution of marital assets and debts. These factors include the duration of the marriage, each spouse’s economic circumstances, the standard of living established during the marriage, and contributions made by each spouse to marital property. The goal is to reach a division that is fair and just for both parties, considering the unique circumstances of their marriage.

How Do Lawyers Help Start the Divorce Process?

Lawyers assist with starting a divorce by helping file a petition with the court. This petition initiates the legal process and includes information about the marriage, such as details on property, child custody, and support arrangements if applicable. A Bergen County divorce lawyer helps draft this document to accurately represent your intentions and guide it through the court’s system. We also ensure that the petition is properly served to your spouse, which officially begins the divorce proceedings. This early support can help avoid mistakes and set the right foundation for your case.

How Do Lawyers Handle Property Division?

Lawyers play a significant role in guiding clients through the division of property. Whether it’s dealing with real estate, finances, or personal assets, they help by gathering information on all marital property, identifying separate and shared assets, and negotiating fair terms. They can also help clarify the laws specific to the state regarding property division, which can vary. We work to evaluate assets and debts thoroughly and pursue an arrangement that supports your financial stability and future needs.

What Assistance Do Lawyers Provide With Child Custody?

When it comes to child custody, lawyers can be instrumental in working out a plan that reflects both parents’ wishes while prioritizing the child’s best interests. They help draft custody and visitation agreements that take into account the daily needs of the child, school schedules, and other considerations. In cases where parents disagree, they represent you in court to work toward a fair outcome. Our role is to support you in developing a custody arrangement that’s both realistic and beneficial for your child’s well-being.

How Can a Lawyer Help With Spousal Support?

Spousal support, or alimony, can be an important aspect of a divorce, particularly when one spouse has a significant financial advantage. Lawyers help calculate fair support based on each spouse’s income, standard of living, and financial needs post-divorce. They can assist in reaching an agreement that considers these factors, or if necessary, represent you in court to argue for fair support terms. We help you understand what may be realistic to pursue and advocate for your financial interests.

How Do Legal Fees Work in Divorce Cases?

Many wonder about the costs involved in hiring a lawyer for divorce. Lawyers usually offer a range of billing options, such as hourly rates or flat fees for specific services. Some firms also provide payment plans or limited-scope services to fit different budgets. Before starting your case, a Bergen County divorce lawyer provides a clear explanation of our fee structure so you can plan accordingly and understand exactly what to expect in terms of legal costs. Our goal is to keep costs transparent and manageable so you can focus on the important decisions ahead.

Bergen County divorce attorney talking with client

Bergen County Divorce Glossary

Divorce involves several legal considerations that impact finances, child custody, and future stability. At Kantrowitz, Goldhamer & Graifman, P.C., our Bergen County divorce lawyers help clients understand their rights and obligations throughout the process.

Equitable Distribution Of Assets

In New Jersey, marital property is divided under the principle of equitable distribution, meaning assets are not necessarily split equally but rather fairly. This process considers factors such as the length of the marriage, each spouse’s financial contributions, and future earning potential. Courts assess marital assets, including real estate, retirement accounts, and investments, and determine an appropriate division. Separate property, such as inheritances or assets acquired before marriage, is typically excluded unless it has been commingled with marital funds. At Kantrowitz, Goldhamer & Graifman, P.C., we work to protect our clients’ financial interests during this division.

Child Custody Determinations

Child custody arrangements in Bergen County, NJ, are based on the child’s best interests. Custody can be legal (decision-making authority) or physical (where the child primarily resides). Courts evaluate factors such as each parent’s ability to communicate, the stability of each home, and the child’s relationship with both parents. While joint custody is often encouraged, sole custody may be granted in cases where one parent is deemed unfit. Parenting time schedules are created to support the child’s well-being. We help our clients establish custody agreements that reflect their family’s needs and protect parental rights.

Spousal Support Considerations

Spousal support, also called alimony, may be awarded based on factors such as the length of the marriage, financial need, and each spouse’s earning capacity. New Jersey recognizes different types of alimony, including open durational, limited duration, rehabilitative, and reimbursement. Courts assess whether one spouse requires financial assistance to maintain a similar standard of living post-divorce. Support agreements can be modified if circumstances change significantly, such as job loss or remarriage. Our team at Kantrowitz, Goldhamer & Graifman, P.C. works to secure fair support arrangements for our clients.

Divorce Mediation And Negotiation

Many divorcing couples choose mediation to resolve disputes without going to trial. Mediation involves a neutral third party who facilitates discussions on issues such as property division, custody, and support. Negotiated settlements often lead to quicker resolutions and reduced legal costs. Mediation is particularly beneficial for parents seeking a cooperative co-parenting relationship post-divorce. If mediation is unsuccessful, litigation may be necessary. Our firm provides strong negotiation strategies to help clients achieve favorable settlements while minimizing conflict.

Modification Of Divorce Orders

Post-divorce, changes in financial or personal circumstances may require modifications to custody, child support, or alimony agreements. A significant change, such as a job loss, relocation, or medical condition, can justify a legal request to adjust an existing order. Courts review modification requests based on evidence of substantial changes since the original order was issued. If a former spouse fails to comply with court-ordered support or custody arrangements, enforcement actions may be necessary. We assist clients in petitioning for modifications or enforcing existing agreements to protect their rights and financial stability.

Kantrowitz, Goldhamer & Graifman, P.C., Bergen County Divorce Lawyer

135 Chestnut Ridge Rd Suite 200, Montvale, NJ 07645

Contact Our Bergen County Divorce Lawyer Today

Facing a divorce is challenging, but having clear legal guidance can make a meaningful difference. If you’re thinking about divorce or have questions about what’s involved, reach out to us at Kantrowitz, Goldhamer & Graifman, P.C. for a consultation. With over forty years of successful legal experience, we’re here to provide the answers and support you need to make informed choices and pursue a positive outcome. Let us help you through each step, from the initial filing to the final agreement, so you can move forward with confidence.