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Divorce & Separation Laws in Atlantic City fall under the jurisdiction of the state of New Jersey. The state operates on a 'No-Fault' system meaning divorce can be obtained without having to provide a reason other than irreparable marital breakdown. However, in addendum, New Jersey also considers fault grounds like cruelty, desertion, and adultery. Legal separation does not exist as a separate legal entity in New Jersey, but spouses can live apart and establish separate maintenance agreements, which may later serve as ground for divorce.
Specific circumstances, such as division of substantial marital property, child custody, alimony, or potential allegations of marital misconduct, can make divorce proceedings complex. Additionally, you may have to navigate convoluted legal jargon and paperwork. In these cases, consulting an experienced attorney can make a significant difference by providing expert guidance and representing your best interests. A lawyer will also ensure that your rights are upheld during the course of the divorce or separation proceeding.
Under New Jersey Law, either party can file for divorce after a 12-month period of separation, stating irreconcilable differences that have caused a breakdown of the marriage. Marital assets are divided equitably, not always equally, considering factors like the duration of the marriage, each spouse's income and contribution to the marriage. Child custody is decided keeping the child's best interests at heart, including factors like parents' ability to agree and communicate concerning child rearing.
In a "No-fault" divorce, the person filing for divorce does not have to prove the other spouse did something wrong. But in a "fault" divorce, misconduct such as cruelty, adultery, or desertion must be proved.
New Jersey Law does not recognize legal separation as a separate status. However, spouses can live separately and establish separate maintenance or property settlement agreements which may serve as ground for divorce later.
Child custody is determined based on the best interests of the child, with factors like the parents' ability to communicate, child's needs, stability of home environment, and each parent's willingness to accept custody being considered.
New Jersey practices equitable distribution of marital assets, which means assets are divided in a fair and just manner considering factors like duration of marriage, contribution to marriage, and the economic situation of each spouse, not necessarily a 50/50 split.
The duration of divorce proceedings varies widely. An uncontested divorce can be processed within 1-3 months, whereas a contested divorce can take a year or more, depending on complexity and court schedules.
The Office of the Attorney General of New Jersey and the Atlantic County Superior Court: Family Division offer helpful resources and information concerning divorce and separation. You can also consider reaching out to organizations such as the New Jersey Legal Services for low-cost legal assistance and emotional support outlets like divorce care groups or therapists.
If you're considering divorce or separation in Atlantic City, begin by seeking consultation with a seasoned attorney to understand the legal implications and processes. Make sure to gather all relevant financial documents, understand the family's financial situation, and consider the potential impact on children involved. Finally, remember to prioritize your emotional well-being during this challenging time.
