Dissolution of Marriage Lawyer Near Me
When someone searches for a “dissolution of marriage lawyer near me,” they are typically looking for local legal guidance to navigate the process of ending a marriage. In New Jersey, the legal term for divorce is “dissolution of marriage.” This process is governed by New Jersey statutes and is handled through the Superior Court of New Jersey, Family Part, in the county where one of the spouses resides. The court addresses several critical issues simultaneously: the grounds for the dissolution, the equitable distribution of marital assets and debts, and if applicable, arrangements for alimony, child custody, and child support. New Jersey is a no-fault state, which means the most common ground for dissolution is irreconcilable differences that have caused the breakdown of the marriage for a period of six months. The way these laws are applied can vary based on the nuances of your case and the specific county’s procedures. Law Offices Of SRIS, P.C. Concentrates its practice on family law matters and represents clients through all stages of the dissolution process. To schedule a consultation regarding your case, reach the firm at (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Dissolution of Marriage Means in New Jersey
In New Jersey, a dissolution of marriage is the legal procedure governed by New Jersey law that terminates a valid marriage. The process is handled by the Family Part of the Chancery Division of the Superior Court. New Jersey is an equitable distribution state, meaning that marital property is divided fairly, but not necessarily equally, if the parties cannot reach an agreement. The court considers a list of statutory factors to determine what constitutes a fair distribution. These factors include the duration of the marriage, the age and health of the parties, the income and earning capacity of each spouse, and the contributions each made to the marital estate. When a search for a “dissolution of marriage lawyer near me” brings you to this firm, you are connecting with attorneys experienced in handling these specific statutory factors to advocate for your position in property division.
Beyond the division of property, a dissolution case in New Jersey can establish a comprehensive legal framework for a family’s future. The same case resolves matters of spousal support, known as alimony, which is governed by statutory factors. For couples with children, the dissolution action will include determinations of legal and physical custody, a parenting time schedule, and child support calculated under the New Jersey Child Support Guidelines. A lawyer concentrating in dissolution of marriage works to ensure the final judgment addresses all these interconnected issues clearly, reducing the potential for future conflict and the need for post-judgment modification proceedings.
How Mr. Sris and His Of Counsel Handle Dissolution Cases
Mr. Sris and his Of Counsel approach each dissolution of marriage matter with an understanding that the outcome will have a long-term impact on the client’s financial and personal life. The process begins with a comprehensive review of the client’s situation, including an analysis of all assets, debts, income sources, and if children are involved, the unique dynamics of the family. The initial stage focuses on identifying the client’s key priorities, whether that is preserving a business, securing a specific parenting plan, or negotiating a fair spousal support arrangement. The legal strategy is developed by evaluating the facts of the marriage against the applicable equitable distribution, alimony, and custody statutes.
Once a strategy is established, the team works toward resolution through negotiation, mediation, or, when necessary, litigation. Many contested issues in a dissolution can be resolved through the exchange of financial information and structured settlement discussions, which can be more cost-effective and less adversarial than going to trial. However, if a trial is unavoidable, Mr. Sris and his Of Counsel bring substantial litigation experience to present the case effectively before a Superior Court judge. The firm handles the procedural requirements of a dissolution filing, including the filing of the complaint, the service of process, the discovery phase, and attendance at all case management conferences and mandatory early settlement panels, working to move the case toward a final judgment of dissolution.
About Mr. Sris and His Of Counsel Team
Law Offices Of SRIS, P.C. was founded in 1997 by Mr. Sris, Owner and Founder of the firm. A former prosecutor, Mr. Sris brings a unique perspective to family law, informed by years of courtroom experience and direct advocacy. His background in accounting and information systems provides an additional analytical layer in complex dissolution matters that involve business valuation, executive compensation packages, stock options, and other intricate financial assets. Mr. Sris is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which addressed equitable distribution statutes.
Mr. Sris handles dissolution cases collaboratively with his Of Counsel, a team of highly experienced attorneys. Over 120 years of combined legal experience between Mr. Sris and his Of Counsel, with 4,739+ documented firm-wide results, informs the firm’s approach to each case. Results may vary. The Of Counsel team brings additional skill sets and insight, working together to address the full spectrum of issues a dissolution of marriage can present, from straightforward uncontested matters to high-conflict disputes over custody and complex marital estates. The team focuses on providing practical, informed counsel tailored to the specific needs of each client.
Frequently Asked Questions
What are the residency requirements to file for dissolution of marriage in New Jersey?
To file for a dissolution of marriage in New Jersey, one of the spouses must have been a bona fide resident of the state for one year preceding the filing of the complaint. There is an exception to this rule: if the grounds for dissolution are adultery, the one-year residency requirement does not apply. The complaint should be filed in the county where the filing spouse resided at the time the cause of action arose. An experienced attorney can review your situation to determine if you meet the jurisdiction and venue requirements to properly initiate your case in the New Jersey Superior Court.
How is property divided in a New Jersey dissolution of marriage?
New Jersey law requires an equitable, but not necessarily equal, division of all marital assets and debts acquired during the marriage. The court identifies “marital property” and uses statutory factors to determine a fair distribution. Factors include the length of the marriage, each spouse’s age and health, income and earning capacity, and contributions to the marital estate, including as a homemaker. Property owned before the marriage or received as a gift or inheritance is generally considered “separate property” and is not subject to division. A lawyer can help identify, value, and classify your assets to pursue a fair outcome.
What is the difference between a contested and an uncontested dissolution?
A contested dissolution occurs when the spouses cannot agree on one or more of the core issues, such as the grounds for divorce, property division, alimony, or child custody, and the court must decide. In an uncontested dissolution, both parties sign a written agreement, often called a matrimonial settlement agreement, resolving all financial and parenting issues. The agreement is filed with the court, and a judgment of dissolution is entered without a trial, which is typically a faster and less expensive process. Legal guidance helps ensure your rights are protected in either scenario.
Does New Jersey have legal separation instead of dissolution of marriage?
New Jersey recognizes an action known as “divorce from bed and board,” which is a form of legal separation that resolves economic issues but does not legally dissolve the marriage bond. This action allows the parties to live apart and divide their assets and debts while remaining legally married, which can be important for purposes such as retaining health insurance coverage or religious beliefs. Either party can later apply to convert the divorce from bed and board into a full dissolution of marriage. An attorney can explain the legal and practical differences between these two options and which route may best serve your specific circumstances.
How is child support calculated during a dissolution of marriage in New Jersey?
Child support in a New Jersey dissolution of marriage is calculated by applying the New Jersey Child Support Guidelines, which use an income-shares model based primarily on the combined net income of both parents and the number of children. The guidelines factor in other costs such as work-related childcare, health insurance premiums for the children, and any existing child support obligations from another relationship. The goal of the guidelines is to provide the children with the same level of financial support they would have received if the family had remained intact. A lawyer can work with you to ensure all relevant income and expense information is accurately presented to the court.
What should I bring to my first consultation with a dissolution of marriage lawyer?
For a productive first consultation, it is helpful to bring a list of all assets and debts, your last three years of tax returns, recent pay stubs for both spouses, and any prenuptial or postnuptial agreements. You should also gather statements for bank, brokerage, and retirement accounts, titles to motor vehicles, and deeds to real estate. Having a clear timeline of the marriage and listing your specific concerns about property division, support, and child custody will help the attorney understand your case more quickly. A lawyer will review these materials to provide a more informed evaluation of your legal options.
Can I modify an alimony or custody order after the dissolution is final?
Yes, an alimony, child custody, or child support order can potentially be modified after a judgment of dissolution is entered, but the party seeking the change must demonstrate a substantial change in circumstances that is permanent and was unforeseen at the time of the original order. Examples of changed circumstances include a significant and involuntary loss of income, an illness or disability, a proposed relocation by the custodial parent, or the cohabitation of the spouse receiving alimony. You cannot withhold payment of support unilaterally if you believe a change is warranted; you must file a motion with the court. An attorney can help you assess whether your situation meets the legal threshold for a post-judgment modification.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
State court resources: NJ Courts Divorce Self-Help ? New Jersey Family Division ? New Jersey Department of State
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