New Jersey Divorce Lawyer For Men

You must submit a “Complaint for Divorce/Dissolution” in the county where the reason for the divorce occurred (for example, where the separation ended).

Each divorce is unique, and we simply can’t account for all variables. You can keep costs down by hiring an experienced attorney who’s committed to helping you reach a resolution.

Your divorce could be resolved in a matter of months, but it can last much longer in the case of a high conflict divorce.

No, a separation is not legally required if you file for divorce due to irreconcilable differences. There are also fault options, such as adultery, that don’t require separation.

To file irreconcilable differences, you must assert that differences have persisted at least six months. This is generally subjective and comes with a fairly low burden of proof.

Reasons such as adultery, a prolonged separation, irreconcilable differences, and extreme cruelty are all legal grounds for a divorce.

Commonly, separating involves negotiating a settlement agreement which is legally binding when signed by both parties. It can resolve spousal support, custody, and other issues.

Generally, spouses can choose how they’d like to divide their marital assets. If the parties can’t reach an agreement, the court will determine how assets are divided.

After filing, your attorney will help you disclose the financials of your marriage. You will either reach a settlement with your spouse or go to court to resolve the divorce.

It can be beneficial for you to file first, since you’ll get to make your initial demands and your spouse will be required to respond to those requests.

At Micklin Law Group, we understand that men and fathers often face unique challenges and biases during the divorce process. Our focus is to ensure that men’s rights are protected, and they receive fair treatment in matters of custody, alimony, and asset division.

Historically, there has been a bias towards mothers in child custody decisions. However, New Jersey courts aim to determine what’s in the best interest of the child. This means that the court will consider various factors and not base decisions purely on gender. Micklin Law Group advocates for fathers to ensure they have an equal opportunity in custody decisions.

Alimony in New Jersey is determined based on numerous factors including the length of the marriage, each party’s financial situation, the standard of living established during the marriage, and more. Men are just as entitled to request alimony if they were in a lesser financial position in the marriage. It’s essential to have knowledgeable representation to ensure fair alimony decisions.

Absolutely. Domestic violence is a serious matter, regardless of gender. Men who are victims of domestic violence have every right to seek protective measures in New Jersey. Micklin Law Group is committed to assisting men in these challenging situations and ensuring their rights and safety are prioritized.

New Jersey follows the equitable distribution model for asset division during divorce. This means assets acquired during the marriage are divided fairly, but not necessarily equally. Proper representation, like that of the Micklin Law Group, can help ensure that your interests are adequately represented and that asset division is just and equitable.

The amount of times you will have to go to court on each divorce case will vary depending on the nature of the case and the issues. However, on average, you will have between five (5) and ten (10) court appearances. They will include two or more case management conferences, one early settlement panel hearing, one intensive settlement conference, and either a final hearing or a trial date. Some cases may have additional case management conferences and a trial that can last over multiple days or weeks.

There are provisions in the law to allow you to seek to have your spouse pay your legal fees. There are a number of factors that the court must look to but most commonly they look and rely heavily upon discrepancy in income and good or bad faith positions throughout the litigation.

However, I generally advise clients not to expect it because judges don’t grant fees unless it is to enforce an agreement and, even then, they don’t usually award a lot.

There are many different factors that go into an alimony determination. The court will first look to the first four main factors which include length of the marriage, lifestyle of the marriage, the higher earning spouse’s ability to pay and the lower earning spouse’s ability to support his or herself. The law indicates, absent extraordinary circumstances, alimony cannot last longer than the marriage for a marriage 20 years or less.

The duration of Separation Mediation varies, influenced by factors such as the complexity of issues, the willingness of parties to cooperate, and the mediation process’s efficiency. Sessions can span several weeks or months.

Child support is calculated by the use of the Child Support Guidelines. It is an income based approach that will calculate child support based on the income of both parties and add certain adjustments for parenting time schedules, medical and health insurance costs and certain other extraordinary or recurring expenses.

In the event that your spouse loses his or her job and is paying support, they will usually have to wait a couple of months before being able to file for a modification of support. That modification application must show a material and substantial change in circumstances and one that they cannot remedy.

If the other party does not file an answer to your divorce complaint, after the expiration of 35 days, you can file an entry to default which is a legal pleading that closes the ability for the other person to file an answer. Following the entry of default, you will forward to the court a proposed final judgment of divorce indicating the relief you want the court to grant at the final hearing and requesting a hearing be set. You should receive a final hearing usually a month or so after the entry of default but you must have it scheduled at least 20 days after you mailed the other party your proposed final judgment of divorce which you also sent to the court.

Temporary support is based on the court’s desire to preserve the status quo. In the event that you and your spouse have either a discrepancy in income, children who need support or bills or other assets that need to be protected during the divorce, the court may enter a temporary support order.

Less than 1% actually go to trial. The ones that do go to trial are usually ones that have either a significant disparity in bargaining positions, meaning one person has a stronger position or more authority typically through past incidents of domestic violence or unequal financial control, or there is a complete impasse on certain issues and no middle ground can be reached. The cost is difficult to ascertain but it is usually significant.