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The Law Office of Jennifer J. McCaskill, LLC - Red Bank, New Jersey Family Law & Divorce Lawyers

Red Bank Divorce Lawyer

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Red Bank Divorce Lawyer

Red Bank Divorce Lawyer

A divorce is not something that anyone plans to go through in Red Bank, NJ. Unfortunately, some spouses grow apart and no longer want to be married. Other spouses might have no choice but to end a toxic relationship.

Whatever the reason might be for you to consider divorce, you need trusted legal counsel to guide you through the process in New Jersey. The Red Bank divorce lawyers at The Law Office of Jennifer J. McCaskill, LLC, provide compassionate, skilled legal advice to help you as you take this step. We provide honest, knowledgeable, and actionable answers to your questions regarding all matters related to your divorce

Contact our family law firm at (732) 747-1882 to schedule a free consultation with one of our experienced Red Bank divorce attorneys. 

How Our Red Bank Family Law Attorneys Can Help if You Are Going Through a Divorce 

How Our Red Bank Family Law Attorneys Can Help if You Are Going Through a Divorce

When going through a divorce, you need an attorney you can trust to be a voice of reason. In addition to providing legal advice, our attorneys help you see the bigger picture. We work with you to identify your goals and then develop strategies to achieve those goals. 

Our top-rated Red Bank family law attorneys have more than 20 years of experience. We use our decades of experience and proven strategies to fight for your desired outcome. Our goal is to make your divorce process as efficient and easy as possible, given the circumstances.

Numerous organizations have recognized Attorney Jennifer J. McCaskill for her legal expertise and client satisfaction. She has appeared on Super Lawyers and has a perfect 10 rating on Avvo. 

When you choose us to handle your divorce, our award-winning divorce lawyers in NJ will:

  • Listen to your concerns and collaborate with you to take steps that protect your best interests
  • Develop strategies designed to achieve your stated goals
  • Be a strong legal advocate for you throughout the proceedings
  • Handle all communications and negotiations with your partner and their lawyer
  • Keep you informed of all updates and progress in your case

If you have questions, we are here to help. We offer a free case evaluation so we can learn more about your situation and give you answers to your questions. Call today to schedule an appointment with an experienced divorce lawyer in Red Bank, New Jersey.

At The Law Office of Jennifer J. McCaskill, LLC, we handle all matters related to your divorce case. We have substantial experience in primary practice areas, including:

Divorce Mediation and Settlements 

We will negotiate a fair divorce settlement based on your needs and goals whenever possible. If you and your spouse agree on major issues, you can avoid the cost and time of a contested divorce. As skilled negotiators, our Red Bank divorce lawyers can help you resolve your differences and reach an amicable agreement. 

Divorce Litigation 

We are experienced trial litigators who are not afraid to take cases to trial when it is in the best interests of our clients. If you and your spouse do not agree on all issues, the court decides them for you. We prepare a solid case based on evidence and testimony and aggressively argue your case before a judge.

Child Custody 

Child custody can be one of the most emotional and bitter issues during a divorce case. We work with you to negotiate a parenting agreement and custody arrangement that is in your child’s best interests. The legal presumption is that parents should have equal power to make decisions for their children, but that is not always the case. 

Child Support 

Each parent has a legal obligation to provide financially for their child. New Jersey’s child support guidelines calculate the presumptive amount of support in your case. However, the court can deviate from that amount, so we work with you to ensure all income is counted and that special circumstances are considered when calculating child support payments. 

Spousal Support 

New Jersey allows courts to grant alimony when a spouse has a financial need for support during and after divorce. The court considers numerous factors when deciding the amount and duration of alimony payments. Our attorneys work to ensure your spousal support payments are fair and lawful.

Property Division

New Jersey is an equitable distribution state. Therefore, marital assets are divided fairly, which does not always mean a 50-50 split. The court uses numerous factors to determine a fair division of assets if you and your spouse cannot negotiate a settlement agreement. 

Domestic Violence 

We can help you obtain a restraining order and fight for possession of the marital home. Family courts take domestic violence allegations very seriously. Call now to speak with an attorney if you are in an abusive relationship.

Post-Judgment Modifications 

The law recognizes that life events could create the need to modify divorce terms. Many people need to modify custody, child support, and alimony orders. Before the court modifies a current order, we must prove that you have experienced a substantial change in circumstances that justifies the modification.

Help with Specialized Divorce Cases

Our Red Bank divorce attorneys have extensive experience handling various types of divorce cases, including domestic partnerships, military divorces, LGBTQA+ divorces, high asset divorces, and gray divorces. We can also help you with cases involving pre-nuptial and post-nuptial agreements and parental relocation. 

What Is the Divorce Process in Red Bank, New Jersey?

Filing for divorce is referred to as a dissolution of marriage in New Jersey. Each divorce is unique. Therefore, your divorce might not go through each phase of the process. 

However, all divorces begin by filing a Complaint for Divorce. The spouse filing for divorce is the petitioner, and the other spouse is the respondent. You must serve the divorce complaint on your spouse, who has 35 days to file a response.

The timeline for your divorce depends on what happens next. You can request a default divorce decree if your spouse does not file a response. The judge bases decisions regarding divorce terms on your evidence only.

Your spouse can file an answer, and the case proceeds through the following steps. Each spouse files a Case Information Statement (CIS) with the details of their financial status.  

Then, the spouses can engage in discovery. Discovery is the process of exchanging documents and information with your spouse that pertain to your divorce. 

Parties may negotiate a settlement agreement to propose to the court. They must participate in an Early Settlement Panel process that helps them resolve issues in non-binding settlement talks.

If the parties fail to negotiate a settlement during the Settlement Panel process, they move to economic mediation, which can include the help of an Early Settlement Panel. The next step would be the intensive settlement conference, which is the last mandatory settlement step before moving to a trial. 

The judge hears from both parties at trial, considers the evidence, and issues a final ruling. The best solution is a settlement because it avoids the time and cost of going to trial. Therefore, our legal team diligently works to help you reach a settlement that avoids trial and is in your best interests.

What Is the Residency Requirement for a Divorce in Red Bank, NJ?

New Jersey divorce laws require you or your spouse to be a New Jersey resident for at least one year before filing for a dissolution of marriage. However, if you file on the grounds of adultery, the residency requirement is waived. You only need to be a resident of New Jersey to file for divorce on the grounds of adultery.

Does New Jersey Have a No-Fault Divorce Law?

Yes. You can file for divorce in New Jersey on the grounds of irreconcilable differences, which is the state’s form of no-fault divorce. One spouse must swear that the parties have had differences they cannot reconcile for at least six months and that the marriage cannot be saved.

Fault grounds for divorce in New Jersey include:

  • Cruelty
  • Habitual drunkenness
  • Deviant sexual conduct
  • Adultery
  • Willful and continued desertion for a year or longer
  • Voluntary addiction to a narcotic drug
  • Living separate and apart for 18 months or longer
  • Being institutionalized for 24 or more consecutive months for a mental illness
  • Being imprisoned continuously for 18 months or longer

New Jersey does not recognize legal separation. However, spouses can file for a Divorce from Bed and Board, which allows them to enter into a legally binding separation agreement

How Much Does It Cost To Hire a Red Bank Divorce Lawyer?

The cost of a divorce depends largely on the spouses and the facts of the case. The court filing fees for a divorce petition are standard. Attorney’s fees and the costs of the case vary depending on several factors.

Uncontested divorces generally cost less because they are less time-consuming. When a divorce goes to trial, it requires more time. There could be costs involved in the investigation and gathering evidence. 

At The Law Office of Jennifer J. McCaskill, LLC, we offer a free initial consultation. We encourage you to meet with an experienced Red Bank divorce attorney to discuss your case and how we can help you obtain a divorce so you can move into the next phase of your life on your terms. 

Schedule a Free Consultation With Our Red Bank Divorce Lawyers

Now is the time to seek legal advice about a divorce. The more you know before you separate, the better prepared you are to handle the next steps. Contact us to schedule a meeting with a Red Bank divorce attorney. There is no charge for your initial consultation.

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