Are you considering a divorce in Fair Haven, NJ? If so, you probably have questions about the divorce process in New Jersey and your legal rights. Our Fair Haven divorce lawyers at The Law Office of Jennifer J. McCaskill, LLC, will answer your questions and explain your rights during a free consultation.
Our divorce attorneys have substantial experience handling all types of divorce cases. We assist clients with uncontested, high-asset, LGBTQA+, military, gray, and contested divorces. Our founding lawyer Jennifer J. McCaskill has over two decades of experience handling family law and divorce cases.
How The Law Office of Jennifer J. McCaskill, LLC Can Help With Your Divorce in Fair Haven
Divorce cases can be stressful and emotionally challenging, even if you and your spouse agree to terms. Understanding your legal rights and hiring a trusted divorce attorney is the best way to protect your best interests. At The Law Office of Jennifer J. McCaskill, LLC, we offer support, guidance, and legal advice in a compassionate, safe, and confidential environment.
Regardless of the matters involved in your divorce, you will benefit from having experienced legal representation. Attorney Jennifer J. McCaskill is a skilled mediator who understands how to guide clients through settlement negotiations to achieve a fair divorce settlement. She is a seasoned trial lawyer who aggressively advocates for her clients in court when necessary.
At The Law Office of Jennifer J. McCaskill, LLC, we provide personalized divorce services to better meet our clients’ needs. Our New Jersey divorce lawyers receive top ratings from Super Lawyers and Avvo. We have a track record of winning the most challenging, complex divorce cases.
When you hire our top-rated Fair Haven divorce lawyers, we can:
- Listen to your concerns and goals for your divorce case to help you prioritize the issues that are most important to you
- Investigate matters related to your divorce to gather evidence supporting allegations and settlement goals
- Develop a strategy that gives you the best chance of receiving your desired outcome
- Work with leading expert witnesses in their fields, as necessary
- Negotiate time-sharing and child custody agreements that protect your children and your parental rights
- Represent you and aggressively advocate for your best interests during divorce mediation and court hearings
Our legal team at The Law Office of Jennifer J. McCaskill, LLC has one goal – to provide you with the legal representation you need while helping you navigate the New Jersey divorce process with as little stress as possible.
The History of Fair Haven in Monmouth County, NJ
Fair Haven is a township in Monmouth County, New Jersey. It is also considered part of the New York metropolitan area. Fair Haven is located along the Navesink River and is bordered by Little Silver and Red Bank.
The New Jersey legislature incorporated Fair Haven as a borough in 1912 from portions of Shrewsbury Township. In 1957, parts of Fair Haven were exchanged with Red Bank. The median income in Fair Haven makes it one of New Jersey’s highest-income communities.
The first permanent dwelling was built along the riverbank in 1816 by Jeremiah Chandler at the foot of what is presently Fair Haven Road. Steamboats on the New York-Red Bank run made regular stops at Chandler’s Dock, an adjacent site to the current town dock.
Points of interest in Fair Haven include:
Today, Fair Haven is one of the best places to live in New Jersey. It is a beautiful community close to the best of what New Jersey and New York City offer.
Our Family and Divorce Law Firm’s Primary Practice Areas
Our Fair Haven divorce & family law attorneys at The Law Office of Jennifer J. McCaskill, LLC, have extensive experience in all matters related to divorces. Primary practice areas we can help you with include:
New Jersey refers to divorce as the dissolution of marriage. It is the legal process of ending a marriage.
New Jersey residents can obtain a no-fault divorce or petition for divorce on several fault grounds. A divorce case also includes matters related to the divorce, including property division, spousal support, and child custody.
New Jersey courts grant legal and physical child custody. Legal custody is the right to make decisions for your child, including matters related to their health care, education, religious upbringing, and extra-curricular activities. Physical custody refers to the parent who cares for the child day-to-day.
Parents are legally obligated to provide financial support for their children, even if they do not reside with or have custody of them. New Jersey uses standard child support guidelines to determine a parent’s financial obligation. However, judges may deviate from the standard child support guidelines in some cases.
New Jersey courts recognize that life events can result in changes that neither the courts nor the parties involved in the case could have anticipated. If you experience a substantial change in circumstances, you can petition the court for judgment modification.
Child custody, alimony, and child support are subject to modification. The person petitioning for judgment modification has the burden of proving that the change in circumstances justifies modifying the court’s current order.
When spouses divorce, they divide their marital assets and debts. Marital property is subject to equitable division in New Jersey. Therefore, the division between the spouses is fair, which may not be 50-50.
Generally, separate property is not subject to equitable distribution. However, separate property can be converted to marital assets if you combine separate property with marital property or use marital assets for the benefit of separate property.
How Do I Seek a Divorce in Monmouth County?
Spouses can ask for a divorce based on irreconcilable differences, which is referred to as a “no-fault” divorce. In a no-fault divorce, you do not need to prove that either spouse’s conduct contributed to the breakup of the marriage. You only need to attest that the marriage relationship is irretrievably broken.
New Jersey divorce laws also include several fault grounds. Fault grounds for divorce in New Jersey include:
- Deviant sexual conduct
- Extreme cruelty
- Living separate and apart for 18 consecutive months or longer
- Voluntary addiction to a narcotic drug
- Habitual drunkenness
- Being institutionalized for two or more years for a mental illness
- Continued and willful desertion for one year or longer
- Imprisonment for 18 consecutive months or longer
When you sue on fault grounds, you must prove your spouse is guilty of the alleged grounds, which can be challenging and costly. Many couples choose a no-fault divorce to speed up the divorce process and lower divorce costs.
A Fair Haven divorce lawyer explains the grounds for divorce and discusses the best grounds for your divorce based on your situation and circumstances.
The New Jersey Divorce Process
Either spouse can file a divorce complaint with the family court. The divorce papers must be served on the other spouse, who has the opportunity to respond to the allegations.
If spouses agree on divorce terms, they can present a settlement agreement to the court for approval. Spouses may also negotiate a divorce settlement.
New Jersey divorce laws encourage spouses to settle their divorce through mediation whenever possible. Therefore, if you and your spouse disagree on any divorce terms, the court requires you to participate in:
- Non-binding settlement recommendations by an Early Settlement Panel
- Economic Mediation
- Intensive Settlement Conferences
Lawyers and their clients work toward a settlement. Many divorces are settled at one of the three settlement stages during the divorce process.
Our Fair Haven divorce attorneys are highly skilled negotiators. Attorney Jennifer McCaskill serves as a panelist for the Early Settlement Program in Monmouth County. However, she is also an aggressive trial lawyer when needed.
How Will My Property Be Divided in a Divorce in New Jersey?
New Jersey is an equitable distribution state for marital property. You and your spouse can agree on how to divide your assets and debts. If you cannot, a judge decides for you.
Judges decide what is fair for property division by considering the facts of the case. Factors that judges consider when dividing property in a divorce in New Jersey include:
- Each spouse’s income, debts, and assets
- The duration of the marriage
- Marital agreements for dividing property, including prenuptial/postnuptial agreements
- The standard of living the spouses enjoyed during the marriage
- The health and ages of the spouses
- A spouse’s financial and non-financial contributions to the marital assets
Judges may also consider other factors relevant to determining how to fairly divide property during a divorce. Our Fair Haven divorce lawyers at The Law Office of Jennifer J. McCaskill, LLC, work with you to identify all marital assets, including hidden assets. We protect your right to your fair share of assets.
Who Will Get Custody of My Children After the Divorce?
Parents are encouraged to work together to develop a parenting plan and time-sharing agreement that allows the child to maintain a relationship with each parent. When parents cannot agree on terms for child custody, judges decide custody terms based on the child’s best interest.
Courts usually grant joint custody when possible, and they do not favor either parent. However, judges may grant sole custody to one parent when they find the other parent is unfit or it is in the best interest of the child.
Our Fair Haven divorce lawyers work with you to protect your child. We aggressively fight for sole custody when it is in your child’s best interest for you to be the custodial parent with sole legal and physical custody.
How to get to The Law Office of Jennifer J. McCaskill, LLC From Fair Haven, New Jersey
Schedule a Free Case Evaluation With a Fair Haven Divorce Lawyer
Divorce cases can be complex. Rarely is there a one-size-fits-all solution? Our Fair Haven divorce lawyers at The Law Office of Jennifer J. McCaskill, LLC, provide a custom-tailored legal strategy to address the specific issues in your case. We give your case the personalized attention it deserves.
Find out more about our office location. We serve through Red Bank neighborhoods, including:
- Little Silver (07739)
- Shrewsbury (01545)
- Fair Haven (07704)
- Far view (07022)
- River Plaza (07701)
- Count Basie Park (07701)
What our Fair Haven clients are saying about us
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