Do you have questions about divorce in New Jersey? If so, our Fairview divorce lawyers at The Law Office of Jennifer J. McCaskill, LLC, can help. Our Monmouth County divorce attorneys have extensive experience handling all types of divorce cases, including military, LGBTQA+, gray, high-asset, contested, and uncontested divorces.
Our founding lawyer, Jennifer McCaskill, has over 20 years of experience handling divorces and family law matters. The legal team at The Law Office of Jennifer J. McCaskill, LLC diligently protects our client’s rights and best interests throughout the divorce process. From child custody to property division and spousal support, we provide personalized legal services to address the specific issues in your divorce.
How Our Fairview Divorce Attorneys Can Help You With Your Family Law Matter
When you decide to divorce your spouse or you are served with divorce papers, the first thing you should do is talk with a Fairview divorce lawyer. Understanding your legal rights is the best way to protect your interests during a divorce case. At The Law Office of Jennifer J. McCaskill, LLC, our attorneys intently listen to you during your initial consultation to learn about your situation so that we are better equipped to help you from the beginning.
Attorney Jennifer McCaskill is a fierce and seasoned trial lawyer who does not hesitate to argue cases in court when that is best for our clients. However, she is also an accomplished family court mediator who negotiates fair divorce settlements. She serves as a panelist for the Monmouth County Early Settlement Program.
Our Fairview family lawyers have top ratings with Avvo, Super Lawyers, and Rising Stars. We have a winning track record of handling complex, challenging divorce cases. We also have a reputation for providing individualized services that result in positive outcomes for our clients.
When you hire our award-winning divorce lawyers in Fairview, NJ, we handle all aspects of your case, including:
- Assisting you with prioritizing the issues that are important to you and identifying the goals for your divorce
- Investigating all matters related to your divorce
- Work with leading experts to gather additional evidence to support your position, as necessary
- Develop a strategy for achieving the outcome you desire
- Negotiate parenting plans and time-sharing schedules that protect your parental rights
- Help you protect your children’s best interests
- Advocate for you during settlement negotiations, divorce mediation, and court hearings
Learn more about how we can help you with a New Jersey divorce by calling our family law firm at (732) 747-1882 to schedule a free case evaluation.
The History of Fairview in Monmouth County, NJ
Fairview is an unincorporated community in Monmouth County, New Jersey. The community includes many professionals who commute to work considering its proximity to New York City.
Points of interest in or near Fairview include:
- Bodman Park
- Navesink Country Club
- Riverside Gardens Park
- Two River Theater
- Count Basie Center for the Arts
- Red Bank Marina
- St. James Church
- Red Tank Brewing Company
Fairview is located across the Navesink River from Red Bank, just five miles from the ocean. Residents have easy access to Red Bank via the Coopers Bridge. They enjoy fine arts, casual and gourmet dining, world-class shopping, entertainment venues, and many other attractions just minutes from home.
Our Fairview Family and Divorce Law Firm’s Primary Practice Areas
At The Law Office of Jennifer J. McCaskill, LLC, our Fairview divorce lawyers can help you with all matters related to your divorce. Our divorce law firm’s primary practice areas include:
Divorce or dissolution of marriage is the process of legally ending a marriage. New Jersey allows divorces based on no-fault grounds but has several other “fault” grounds for divorce. In addition to ending the marriage, a divorce case resolves other issues such as custody, domestic support, and property division.
New Jersey recognizes legal custody and physical custody. Legal custody refers to a parent’s right to make decisions for their child. Sole legal custody means a parent can make decisions without consulting the other parent.
Physical custody refers to which parent takes care of a child’s daily needs. Even though parents may share physical custody, a child typically resides primarily with one parent. The custodial parent is the parent the child lives with most of the time.
New Jersey laws recognize that children have the fundamental right to financial support from their parents. The right to child support does not end when a child’s parents divorce or separate.
New Jersey has standard child support guidelines to determine each parent’s obligation for support. It is important to understand that judges can deviate from the guidelines. Judges can consider many factors when determining the specific amount of child support, including the child’s specific needs and the family’s standard of living.
Child support, child custody, visitation, and spousal support are subject to post-judgment modification for a substantial change in circumstances. You must file a motion for modification with the court to request a judgment modification. It is up to you to prove there is a relevant change in circumstances that justifies modifying the court order.
When you divorce, you must divide your marital assets. If spouses cannot agree on dividing their property, the court decides property division based on equitable distribution.
Generally, separate property is not subject to property division during a divorce. However, if you commingle separate property or use marital funds for the benefit of separate property, these assets could be subject to equitable division.
How Do I Seek a Divorce in Monmouth County?
New Jersey allows spouses to seek a divorce on no-fault grounds. Either spouse can obtain a divorce for irreconcilable differences without proving the other spouse caused the breakup of the marriage.
However, New Jersey divorce laws also provide fault grounds for divorce. Fault grounds include:
- Extreme cruelty
- Habitual drunkenness
- Voluntary addiction to a narcotic drug
- Deviant sexual conduct
- Willful and continued desertion for one year or longer
- Instiutilization for a mental illness for two or more years
- Imprisonment for 18 or more consecutive months
- Living separately and apart for 18 or more consecutive months
If you choose fault grounds, you have the burden of proving your spouse is guilty of the conduct that caused the breakup of your marriage. Claiming irreconcilable differences is often the quickest and easiest way to obtain an uncontested divorce.
The New Jersey Divorce Process
The divorce process begins with filing a divorce complaint with the family court. Either spouse can file for divorce. The spouse filing for divorce is the petitioner/plaintiff, and the other spouse is the respondent/defendant.
Spouses can agree on the terms of the divorce and submit a proposed divorce settlement agreement for the court to consider. An experienced Fairview divorce lawyer can help you negotiate a divorce settlement with your spouse.
If spouses disagree on divorce terms, the divorce process goes through several stages before a final hearing. Stages in the New Jersey divorce process include:
- Early Settlement Panel (non-binding settlement recommendations)
- Economic Mediation
- Intensive Settlement Conferences
If all settlement and mediation attempts fail, the case is scheduled for a final hearing before a judge.
How Will My Property Be Divided in a Fairview, New Jersey, Divorce?
Spouses can decide who to divide their marital property during a divorce. However, if they disagree, the judge decides for them based on equitable division.
Equitable division means what is fair given the facts of the case. It does not mean a 50-50 split of marital property. Therefore, a judge could split the assets however the judge deems fair.
Judges consider numerous factors when deciding property division in a Fairview divorce case. Factors include:
- The duration of the marriage
- A spouse’s debts and liabilities
- The income of each spouse
- The standard of living during the marriage
- The age and health of the spouses
- Marital agreements, such as a prenuptial/postnuptial agreement
- The contributions of a spouse to the marital property, which do not need to be financial
A judge can consider other factors they deem relevant to dividing marital assets fairly. In most cases, marital fault does not influence property division. However, a judge may consider it when a spouse has spent a significant amount of marital assets on non-marital purposes or an affair.
Who Will Get Custody of Our Children After My Divorce in Fairview?
Judges do not give preference to either parent in a child custody case. Generally, joint custody is favored so that each parent can play an active role in the child’s upbringing and maintain a close relationship with the child.
However, judges can award sole custody when a parent is unfit, or evidence indicates the child would be at risk of harm if a parent had custody. All child custody decisions are based on the best interest of the child.
Our Fairview child custody lawyers work with you to negotiate a parenting plan and time-sharing agreement that works best for your family. We work with you to protect your parental rights while developing a child custody agreement that benefits your children.
How to get to The Law Office of Jennifer J. McCaskill, LLC From Fairview, New Jersey
Schedule a Free Case Evaluation with a Fairview Divorce Lawyer
The divorce process can be overwhelming. However, with the guidance and support of our experienced Fairview divorce lawyers, you can achieve a fair outcome so you can move forward with your life. Contact us today at (732) 747-1882 to request a free case review.
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)
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