Divorce can be an emotionally and financially draining process for the individuals involved. Dealing with these issues is often challenging, but you do not have to face them alone. Brian D. Iton is a capable divorce attorney in the Hackensack area who is dedicated to assisting individuals in Bergen County and the surrounding areas, including Passaic, Hudson, and Essex Counties. For more than 20 years, he has helped clients turn what can be protracted and contested cases into uncontested cases in an efficient and cost-effective manner. An uncontested divorce process affords individuals the freedom to fashion their own agreement rather than depending on a judge’s decision. But if a contested matter becomes necessary, we can aggressively fight for you in the courtroom as well. Beyond the divorce process itself, Hackensack divorce lawyer Brian D. Iton offers knowledgeable advice in related areas such as child custody, child support, alimony, equitable distribution, and legal separation.

Issues to Consider When Dissolving a Marriage

Each state has different requirements in terms of how to complete a divorce, which technically refers to the legal ending of a marriage. Under New Jersey law, a court will grant a married couple a divorce on the grounds of irreconcilable differences, meaning they are dealing with issues that cannot be sorted out and the marriage has essentially broken down. Other grounds for dissolving a marriage include if the couple has lived apart for 18 months. In some, less common situations, a divorce can be granted because one spouse is at fault for engaging in adultery, domestic abuse, abandonment, imprisonment for more than 18 months, or substance abuse.

When it comes to getting a divorce, the first step an individual must take in New Jersey is completing a form known as “Complaint for Divorce” and filing the document with the Chancery Division of the court. There is a $300 fee to file a divorce complaint, and there are residency requirements for someone seeking a divorce in New Jersey. Typically, one spouse must have lived in the state for at least one year before he or she can file to dissolve a marriage there. The petition can be filed in any county where either spouse resides. There is no minimum waiting period to obtain a divorce. Instead, the judge may enter the decree of divorce immediately after a court hearing.


When a marriage is dissolved, one spouse is often entitled to alimony from the other spouse. This refers to a court-ordered payment to the other spouse for maintenance. It is intended to supply a means of living to the lesser-earning spouse until and unless that person gains an independent means of support. There are several different types of alimony in New Jersey. Generally speaking, courts will look at the particular circumstances of the divorce at issue to ascertain which type of alimony is appropriate in that specific situation.

Divorces can become more complex when young children are involved. Spouses who are dissolving a marriage in those circumstances will try to reach an agreement regarding child custody, which determines the time that the child spends with each parent. Courts typically assign joint custody to the spouses, believing that it is in a child’s best interests if each parent continues to play a role in his or her life. If one parent spends substantially more time with the child than the other, the parent who spends less time with the child may be required to pay the other parent an amount of child support that accounts for the young person’s specific needs.

Discuss a Family Law Matter in Bergen County with a Hackensack Divorce Attorney

Brian D. Iton is an experienced family law and divorce lawyer in the Hackensack area who has helped countless Bergen County residents and other individuals pursue a divorce that meets their needs. The process can be complicated, but a qualified attorney can help you sort through your options. We can assess the facts of your case and explain your rights so that you can make informed decisions about your future. We proudly represent individuals from Hackensack, Paterson, Jersey City, and Newark, among other cities throughout New Jersey. For a free consultation, contact us online or call our toll-free number at (844) 431-3380.