Jersey City Property Settlement Lawyer
Do you no longer wish to live with your spouse? Unfortunately, New Jersey does not recognize legal separation. Our Jersey City property settlement lawyer can walk you through your options. Contact our New Jersey office today to set up a free confidential case evaluation.
The state of New Jersey does not recognize legal separation. So, if a couple wishes to live as a separated couple, what options do they have? A property settlement is a straightforward way for couples to divide their assets and legally document decisions made about parenting. A property settlement agreement offers couples a convenient way to live as a legally-separated couple and avoid divorce, if desired.
To schedule a free consultation with our Jersey City Property Settlement Lawyer at the Freeman Law Center, LLC, call us today at (201) 479-9780
The following types of property can be divided through a property settlement:
- Bank accounts
- Real estate
- Other property
A property settlement can address such legal issues as child support, a child’s education, alimony, medical expenses, tax deductions, who has the kids for the holidays, and others. For all practical purposes, a property settlement can yield the same results of a divorce, without actually getting a divorce.
At Freeman Law Center, LLC, our Jersey City Property Settlement Lawyer assists couples in dividing their property whether they are getting a divorce or not.
Equitable Distribution of Assets
Unlike divorces of the past where a 50/50 split of assets was common, couples now have the option to divide their property equitably. This type of property division accounts for both marital and non-marital property, and property each spouse owns individually.
- Marital property (or community property) is any property acquired during the marriage, starting on the day of the wedding.
- Non-marital property is property acquired by each spouse before the date of marriage. Non-marital property can also include assets acquired during the marriage by gift or inheritance.
We offer a variety of divorce services, and are ready to assist clients with the most difficult of property division issues. With over 30 years of experience, Jersey City Property Settlement Lawyer Brian Freeman provides solid and experienced counsel to clients throughout the Jersey City area.
>> What are grounds for divorce in New Jersey?
Some of the most common grounds for divorce are:
- Mental cruelty
- Physical cruelty
- Irreconcilable differences
Some of these grounds for divorce can be difficult, time consuming, and costly to prove. Because of that, by far the most common grounds for divorces filed in New Jersey is “irreconcilable differences.” To prove this, the court only requires you to prove that you and your spouse have been unable to get along for six months.
>> How long will it take to get divorced?
Time frames for divorce proceedings vary, and any cookie cutter estimates will be unreliable. A divorce could be finalized in under a month, or it could drag on well past a year. The amount of time a divorce takes will depend upon the facts of the case and the willingness of both parties to communicate and to compromise. An experienced divorce attorney will be able to give you a more precise and reasonable estimate after examining your circumstances at an initial consultation.
>> What will my divorce cost me?
Time and cost are usually the first questions on anybody’s mind. In most divorce cases the two are related in direct proportion. It surprises some to know that the cost of a divorce isn’t necessarily tied to the value of the assets involved. A potentially complicated divorce involving many valueable assets, property, and children could be resolved inexpensively if the parties come to an agreement before filing, or early in the process. Because most attorneys bill by the hour, the longer two spouses drag on negotiations, the more expensive the divorce becomes for both parties.
The cost of an uncontested divorce in New Jersey will typically start around $1,500.00, plus the filing fee. If the divorce is contested and there are assets and issues such as custody and child support, the initial retainer could range from $3,500.00 to $5,000.00, or more depending on the circumstances. A long and fiercely contested divorce could cost as much as $15-20,000.
>> How do I respond to divorce papers?
In New Jersey, if you’ve been served with a summons of complaint for divorce, you should consult a family law attorney immediately. You only have 35 days to respond to the complaint – that means filing an answer and a counter claim. You cannot delay to protect your rights, including control over your assets and custody of your children. If your spouse has filed a complaint, that means he or she has already consulted with an attorney about the particulars of your shared lifestyle and finances, considered strategy and drafted a set of demands. You shouldn’t wait to get an experienced attorney on your side, too. Seek that counsel, and let your attorney handle the official response.
>> Will I need to take my case to a trial?
Most divorce cases in New Jersey never make it to a trial. If the parties come to an agreement, one party can waive his or her right to an appearance, avoiding the need to go to court. Some New Jersey counties allow settlement without either party appearing in court. If there is a “default” case, when one party doesn’t answer the other party’s complaint, the filing party would have to make a very brief appearance in court to enter facts into the record before the judge comes to a decision.
>> I’m unhappy with the result of my trial. Can I appeal?
In New Jersey, you have 45 days to appeal the verdict of a case. If you appeal, the Appellate Court will take on your case. The Appellate Court may “vacate,” or make legally void, the judge’s decision in your case. If you do not file an appeal within the 45 day window, the Martial Separation Agreement (MSA) spelling out the terms of your divorce will be final and cannot be overturned. You can revise an MSA and negotiate new terms, but that requires the cooperation of your former spouse.
Contact Our Jersey City Property Settlement Lawyer
To schedule a free consultation contact us online or call us today at (201) 479-9780