Equitable Distribution Attorney In New Jersey
Navigating a divorce in New Jersey can be complex, especially when it comes to the division of marital property and assets. A New Jersey equitable distribution lawyer from Ford Brown Law understands the kind of legal care necessary to fight for fair equitable distribution and ensure your case is set up for success.
Why Ford Brown Law Is Right for You
As you look to hire an equitable distribution lawyer, consider Ford Brown Law, an inclusive, diverse, and reputable law firm that practices in all 21 counties of New Jersey. The legal team at Ford Brown Law focuses mainly on family law issues in in New Jersey, including divorce proceedings, equitable distribution matters, and spousal support.
Our team works to make complex legal matters like equitable distribution laws easily understood to help you move forward in your case confidently. We strive to help you make informed decisions that allow you to achieve your desired results. Ford Brown Law offers accessible pricing for personalized legal advocacy and care through flat fees for a la carte services.
Understanding Equitable Distribution in New Jersey
With a divorce rate of 2.3 per 1,000 individuals in New Jersey, understanding divorce law, especially in the area of equitable distribution, is essential when moving forward with a divorce case. Equitable distribution is the rule that New Jersey courts use to determine how assets and debts are divided during a divorce. This means that assets and debts are divided equitably and are not always evenly split. The goal is fairness, not 50/50 division.
The marital property that is divided includes all assets and debts that were acquired by spouses during the marriage. Separate property, like the gifts and inheritances of one spouse, is generally not included in the division. The judge will identify all marital assets and debts and determine their value, decide on the equitable distribution of these assets, and get court approval to move forward.
New Jersey outlines several key factors that judges should consider when making their equitable distribution decision, including the financial situation of each spouse after the divorce, each spouse’s income and future earning capacity, and each spouse’s contribution to the marriage. Other factors, like the marital standard of living, each spouse’s age and health, and the duration of marriage, are considered as well.
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How an Equitable Distribution Lawyer Can Help
A New Jersey equitable distribution attorney helps clients navigate divorce proceedings and ensure a fair division of assets. Equitable distribution cases can benefit from a lawyer’s support in many ways. Experienced attorneys understand the laws and regulations impacting their clients’ cases. They can help explain legal principles and ensure their clients meet all legal requirements that may be necessary for a successful case.
A lawyer can first identify all marital assets and ensure they are accurately valued. They can then negotiate a fair settlement on behalf of their client with the other spouse or through mediation. Lawyers work to make sure their clients’ contributions to the marriage are acknowledged in the distribution determination. In cases where a settlement is not possible, lawyers represent their clients in the courtroom and present their cases to the judge.
FAQs
Q: How Is Equitable Distribution Determined in NJ?
A: In New Jersey, the courts aim for a fair but not necessarily equal split of marital property through equitable distribution. This is determined by several key factors, including the length of the marriage; the marital standard of living; each spouse’s age, health, income, and earning potential; and contributions to the marriage overall. The court often looks into each spouse’s economic standing after the divorce to address any specific needs, like children’s education.
Q: What Are the Two Major Factors in the Equitable Distribution of Property?
A: Two major factors in the equitable distribution of property during a divorce are each spouse’s contributions to the marriage, including both financial and non-financial labor, and the future financial needs of each spouse. These key factors help courts determine a fair division of marital assets and debts and work to ensure a just outcome for both parties.
Q: How Much Does a Divorce Lawyer Cost in NJ?
A: The cost of a divorce lawyer in New Jersey can vary depending on key factors influencing each case. A lawyer’s experience level and reputation can impact how much they charge clients, as a lawyer who is more experienced may charge higher fees. Other factors influencing fee amounts include the complexity of the case, how long the case takes to complete, and whether the divorce is contested or uncontested.
Q: Do You Need a Lawyer for a Divorce in NJ?
A: While you are not legally required to work with a lawyer for a divorce in New Jersey, it is highly recommended due to the complexity of the legal and financial issues involved, like asset division and child custody. Even in the most straightforward and uncontested divorce cases, issues can arise that are out of your control and overwhelming to navigate on your own. With divorces that involve complexities like child custody or spousal support, a lawyer can be essential.
Q: Can I Appeal an Equitable Distribution Decision in New Jersey?
A: Yes, you can appeal an equitable distribution decision in New Jersey, but only in cases of a contested divorce. You must have grounds for an appeal, such as a judge making an error of law or failing to consider all relevant factors. You are required to file an appeal within 45 days of the final judgment and may be required to argue your case before the New Jersey Appellate Division, located on Market Street in Trenton, NJ.
Hire an Equitable Distribution Lawyer You Can Trust Today
If you are navigating a divorce case in New Jersey and have questions or concerns about the equitable distribution process, reach out to a trusted lawyer as soon as possible. By setting up an initial consultation with Ford Brown Law, you’re improving your chances of a smooth divorce process and a positive outcome. You shouldn’t have to navigate the overwhelming process of divorce on your own—reach out today.
