Mount Laurel Divorce Lawyer

Never enter into a divorce case without help from an experienced attorney.  There are hundreds of ways that a divorce case can go wrong, and many of them stem from being unrepresented.

Relying on generic divorce forms and paperwork can fail to account for your specific situation.  Trusting that your spouse's lawyers will be fair can leave you financially taken advantage of.  The best way to ensure a divorce is fair and that both sides have their interests represented is for each of them to have their own lawyers protecting their rights.

For a flat-rate initial case consultation with a divorce lawyer, call Carl Taylor Law Firm LLC at (609) 359-3345 right away.

What Are the Grounds for Divorce in Mount Laurel, NJ?

New Jersey is a no-fault divorce state, meaning you can get divorced because either or both of you want to get divorced.  However, there are also traditional "cause" or "fault" grounds you can file under to get your case in court.

For a "no-fault" divorce, you file on the grounds that you have "irreconcilable differences."  The court can progress with the divorce without having to find that either party was responsible for the breakdown, and these divorces can even be "uncontested" if your spouse also wants a divorce.

Otherwise, the "fault" grounds will usually be one of the following:

• Adultery -- proof that your spouse cheated on you
• Desertion -- at least 1 year of having left and lived away from you
• Extreme cruelty -- abuse within the past 3 months that makes it "improper or unreasonable" to continue being married
• Separation -- voluntarily living apart for 18 months
• Addiction or "drunkenness" -- at least 1 year of a serious addiction
• Institutionalization -- at least 2 years in a mental health facility
• Imprisonment -- at least 18 months in jail

• "Deviant sexual conduct" -- must be performed without the spouse's consent

Should I Get an Annulment or Divorce?

Many people want marriages annulled instead of getting divorced, often for religious or personal reasons.  Keep in mind that the grounds for an annulment are much more restrictive than for divorce, and divorce may be your only legal option.

You may still be able to pursue a religious annulment separately from a legal divorce.  The church and the State of New Jersey have different rules, and even if we have to call it a "divorce" in the legal system, you may still be eligible to have the church "annul" your marriage.

Legally, grounds for annulment usually cover marriages that should have been illegal or cases where a previously unknown fact tarnishes the marriage.  These are the listed grounds:

• Either spouse was still married to someone else
• The parties are too closely related
• Either spouse was unknowingly unable to have children
• Lack of capacity (e.g., from a mental disorder, intoxication, drug use, duress, fraud, etc.)
• Either party was under 18 when married.

You can also seek an annulment under a catch-all provision if the court finds it allowable.  Otherwise, divorce might be a better option.

Can I Get Legally Separated in Mount Laurel, NJ?

New Jersey has no specific provisions in the law for "legal separation," but this is still a common option.  Since there is no legal declaration by a court, these issues are managed by agreements between the parties.

A separation agreement can establish custody and support, asset division, and separate property decisions so you can live separately while remaining legally married.  If you choose to get back together, you can end the separation at any time by agreement.

A separation can be a semi-permanent solution or a stepping stone to divorce, allowing us to use the separation agreement as a guide for a potential divorce agreement down the road.

How Do Children Affect a Divorce Case?

When you initially get separated and start living apart from a spouse you share children with, child custody and support become immediate issues.  You will need to work out an agreement or else get a court order for child custody and support as soon as one of you moves out, and this will need to be readdressed as part of the divorce case.

Many initial agreements are casual and have no enforcement mechanisms, but it is important to go to court and get a court order or to sign an enforceable custody agreement as soon as you can.  Parties often hold access to their children against the other parent in divorce cases, and being able to go to court and demand your share of parenting time is vital in keeping a divorce case fair.

How Do Prenuptial Agreements Affect a Divorce Case?

If you have a prenup and are now seeking a divorce, the prenup may list rules your divorce needs to follow.  In some cases, prenups can be challenged, but the bar is quite high.

One common effect of a prenup is to define what is separate property that does not get divided during a divorce.  For example, a business owner might have their fiancé(e) agree that their business is separate property so that they do not take half of it in the divorce.

Prenuptial agreements can also dictate what alimony a party might get, how infidelity might affect alimony or asset division, and other things.  Essentially, prenups are powerful tools to personalize your potential divorce.

However, prenups are not always enforceable.  Patently unfair terms, terms that violate public policy or law, and improperly formed agreements can be thrown out.  For example, a fair prenup requires full disclosure of all assets so the potential spouse can make an informed decision.  Hiding assets likely makes the agreement invalid.

Getting a Divorce Lawyer for a High-Asset Divorce

If you are worried that your net worth, business ownership, investments, or other assets might be jeopardized in your divorce, you should work with a trusted divorce attorney.  Having a lawyer who understands your financial goals and will help you minimize your risk is key.

Your ex likely has a good idea of your finances as well, and they might seek out strong representation to try to take what they believe is fair -- or more than they think is fair.  We can...

• Work to protect your prenup
• Keep separate property from being divided
• Pay close attention to the equitable distribution criteria in N.J.S.A. § 2A:34-23.1 to help protect your fair share of marital assets.

Call For a Consultation on Your Divorce in Mount Laurel

If you are filing for or have been served with divorce papers, call divorce attorney Carl Taylor at (609) 359-3345 for a 1-2 hour, flat-rate consultation on your divorce case.

Take the First Step?

Schedule a Flat Rate $250.00 Consultation with the firm and receive a 1-2 hour strategy session with Carl and a complementary copy of his book "Happily Even After: the Guide to Divorce in New Jersey.