New Jersey Divorce Lawyer | NJ Divorce Attorney

Divorce Attorney Serving New Jersey

Divorce in New Jersey involves the dissolution of the marriage, division of marital assets and debts, determination of alimony, and resolution of child custody and support issues if children are involved. The process begins with the filing of a Complaint for Divorce in the NJ Superior Court, Family Division. New Jersey requires that at least one spouse has been a resident for 12 months before filing, unless the grounds are adultery.

Agarunov Law Firm represents clients in both contested and uncontested divorces throughout New Jersey. We handle every aspect of the divorce process, from filing and discovery through negotiation, mediation, and trial if necessary. Our Englewood office at 285 Grand Avenue serves clients in Bergen County and northern New Jersey.

The NJ Divorce Process

Filing and Initial Pleadings

The divorce process begins when one spouse files a Complaint for Divorce and the other spouse files an Answer and, if applicable, a Counterclaim. The filing spouse must establish grounds for divorce and residency requirements. After filing, the court issues a Case Information Statement (CIS) requirement, which is the comprehensive financial disclosure form used in NJ divorces. Both parties must complete the CIS, which details income, expenses, assets, and liabilities.

Discovery and Financial Disclosure

Financial discovery is often the most critical phase of a NJ divorce. Both parties are required to provide complete financial disclosure through the Case Information Statement, tax returns, pay stubs, bank statements, investment account records, real estate appraisals, and business valuations when applicable. Hidden assets, underreported income, and improper valuations are common issues that require thorough investigation.

Negotiation and Mediation

NJ courts encourage settlement through negotiation and court-ordered mediation. The Economic Mediation Program is available in contested divorce cases to help resolve financial issues outside of trial. Many NJ divorces are resolved through a Marital Settlement Agreement (MSA) that addresses all issues including property division, alimony, child custody, and child support. We negotiate MSAs that protect our clients' financial interests and parental rights.

Trial

When settlement is not possible, the case proceeds to trial before a Family Division judge. The judge hears testimony, reviews evidence, and issues a Final Judgment of Divorce that resolves all contested issues. We prepare thoroughly for trial, including retention of expert witnesses for property valuation, custody evaluation, and vocational assessment when necessary.

Equitable Distribution in New Jersey

New Jersey divides marital property under the equitable distribution standard, which means the court divides assets fairly based on 16 statutory factors rather than splitting everything 50/50. Marital property includes assets acquired during the marriage regardless of whose name is on the title, with exceptions for gifts, inheritances, and property covered by a prenuptial agreement. Common marital assets include the marital home, retirement accounts, pensions, investment portfolios, business interests, and professional licenses. We work with financial experts to identify, value, and advocate for a fair distribution of all marital assets.

Alimony in NJ Divorce

The 2014 Alimony Reform Act changed how NJ courts approach alimony. For marriages of fewer than 20 years, limited duration alimony is the norm, and the duration generally cannot exceed the length of the marriage. For marriages of 20 years or more, the court may award open durational alimony without a set end date. The amount is based on 14 statutory factors including each spouse's actual income and earning capacity, the marital standard of living, the duration of the marriage, and each spouse's parental responsibilities.

Why NJ Divorce Clients Choose Agarunov Law Firm

Experienced handling contested and uncontested NJ divorces, including complex property division and alimony disputes.
Thorough financial discovery and asset identification to ensure equitable outcomes.
Englewood office serving Bergen County and northern NJ.
Licensed in both NY and NJ for divorces involving property or issues in both states.
Free initial consultations for all divorce matters.

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New Jersey Divorce FAQ

How long does a divorce take in New Jersey?

An uncontested NJ divorce where both parties agree on all issues can be finalized in approximately three to four months. Contested divorces involving disputes over property, custody, or alimony can take one to two years or longer depending on the complexity of the issues and the court's schedule. The discovery phase and mediation process are the most time-consuming stages.

Do I need to prove fault to get divorced in NJ?

No. New Jersey allows no-fault divorce based on irreconcilable differences that have lasted at least six months. You do not need to prove that your spouse did anything wrong. Fault-based grounds are available but are rarely necessary and can increase the cost and duration of the proceedings.

What is a Case Information Statement?

The Case Information Statement (CIS) is the comprehensive financial disclosure form required in every NJ divorce. It details each spouse's income, expenses, assets, debts, and lifestyle. Both parties must complete the CIS honestly and completely. The CIS is the primary document used to determine equitable distribution, alimony, and child support.

Is New Jersey a 50/50 divorce state?

No. New Jersey follows equitable distribution, which means marital property is divided fairly but not necessarily equally. The court considers 16 factors including the length of the marriage, each spouse's income, contributions to marital property, and economic circumstances. The result may be close to 50/50 in some cases but can be significantly different depending on the circumstances.

Can I get alimony in a short marriage in NJ?

Alimony is available in short marriages, but the type and duration are limited. For marriages under 20 years, limited duration alimony is the standard, and the duration generally cannot exceed the length of the marriage. The amount depends on the statutory factors including income disparity, standard of living, and each spouse's earning capacity.

What happens to the house in a NJ divorce?

The marital home is subject to equitable distribution. Common outcomes include one spouse buying out the other's interest, selling the home and dividing the proceeds, or one spouse retaining the home temporarily (often until the youngest child graduates high school) with a deferred distribution of equity. The court considers multiple factors including each spouse's financial ability to maintain the home.

Can I file for divorce in NJ if my spouse lives in another state?

Yes, as long as you meet the 12-month residency requirement. You file in the county where you reside. The court has jurisdiction over the divorce and property located in New Jersey. However, the court may have limited jurisdiction over out-of-state property and may need to coordinate with courts in the other state on custody issues if the children reside elsewhere.