Practice Areas > Divorce
A divorce is an extremely stressful time for all parties. How tell the children, divide property and marital assets can place a heavy burden on anyone’s sanity. The choice of attorney is important. The Law firm of Lloyd Bennett has the knowledge and experience necessary to guide you through this stressful period. At our initial consultation we will review your financial situation and discuss your options with regard to the filing of the divorce, the division of marital property and issues relating to your children and spousal support. Most divorces are resolved by the parties prior to trial and you will be actively involved in the process every step of the way. We will explain our fee structure and give you a written retainer. You will also be asked to complete a case information statement to begin to assist in determining how to divide your marital assets.
Under New Jersey law, there are two types of divorce -- fault and no-fault divorces -- recognized by the Courts, all based upon New Jersey residency for at least one year. Fault grounds require one spouse to plead the other spouse was responsible for causing the marriage to end. No-fault divorces do not require that proof.
The fault grounds are:
A) Adultery;
(B) Willful and continued desertion for twelve or more months (either physical desertion or your spouse's refusal to have sexual relations may establish this cause);
(C) Extreme Cruelty. (This may be physical, mental or verbal conduct by your spouse which makes it unreasonable to expect you to continue the marriage);
(D) Voluntarily-induced addiction to a narcotic drug or habitual drunkenness for twelve or more consecutive months;
(E) Mental illness which resulted in your spouse being kept in an institution for twenty-four or more consecutive months during the marriage;
(F) Imprisonment of the spouse for eighteen or more consecutive months during the marriage. (This cause for divorce can be charged after the husband and wife have not resumed living together after imprisonment ended);
(G) Deviant sexual conduct;
The No-Fault Grounds are:
(A) Separation for at least eighteen consecutive months or more with no reasonable prospect of reconciliation;
(B) Irreconcilable difference in which a husband and wife must have experienced irreconcilable differences for six months and have no reasonable prospect of reconciliation. This new ground of divorce allows one spouse to file without having to make allegations or accusations against the other.
If you would like to discuss your divorce case please contact us. We can help!