Essex County Divorce

Knowledgeable Essex County Attorney Assisting Individuals with Family Law Matters

Located in northeastern New Jersey, Essex County is the third-largest county in the state and has a total population of over 750,000 residents. Newark is its largest city. The Essex County Park System, which was created in 1895, was the first county park system in the United States. The area includes 20 parks, five reservations, and various other recreational facilities. Residents and visitors can enjoy a variety of activities in Newark, including a visit to the New Jersey Performing Arts Center, the Newark Museum, and the Newark Public Library. As is true for people in other areas, Essex County residents sometimes find that they need to end a marriage. If this happens to you, Essex County divorce lawyer Brian D. Iton can assist you. We help clients with uncontested as well as difficult contested divorce cases, and our priority is to resolve these matters as smoothly, efficiently, and cost-effectively as the circumstances allow. We also offer guidance and representation in areas related to divorce, such as child custody and support, alimony, property division, and legal separation.

Dissolving a New Jersey Marriage

In New Jersey one party must have been a resident of the state for at least 12 uninterrupted months immediately prior to filing the petition to dissolve the marriage. To seek an uncontested divorce in New Jersey, certain requirements need to be met.

First, the residency requirements must be established and both parties must be in full agreement on all of the material issues. A Marital Settlement Agreement is required if either spouse is seeking alimony, spousal support, child custody, or child support. To seek a no-fault divorce the spouses must have been separated and living at different residences for at least the preceding 18 months, without reconciliation. Or they can claim irreconcilable differences that have caused the marriage to break down with no reasonable chance of reconciliation.

In addition to a no-fault divorce, New Jersey also provides for divorce based on fault grounds. Some of these include: extreme cruelty (physical or mental), abandonment, and adultery. Although a divorce may be sought on one of these grounds, a court will not consider misconduct by either spouse in deciding financial and custody issues related to the dissolution of the marriage.

New Jersey uses an equitable distribution system of dividing property upon a divorce. This framework means that all the marital assets will be divided in a manner deemed fair and reasonable. However, it may not mean that each person gets exactly half of the marital assets. In each contested case the court will examine a number of factors to determine what is appropriate. Alternatively, if the spouses can agree on how to split up their assets they may do so in any way that they choose and document their agreement in a Marital Settlement Agreement. It is only when the spouses are unable to reach a settlement on their own that a court will divide the property using the equitable distribution approach.

Seek Guidance from an Essex County Lawyer on the Divorce Process

Brian D. Iton is familiar with the nuances of family law and has assisted many residents of Essex County with both contested and uncontested divorces. We take pride in keeping an open line of communication with our clients and potential clients. Mr. Iton is ready to listen to your specific objectives and make them his priority while crafting a strategy for you that is designed to protect your interests to the fullest extent of the law. We know this is a difficult time, and we want to help make it as seamless as possible. Many of our clients have come from Hackensack, Paterson, Jersey City, and Newark, among other cities throughout New Jersey. For a free consultation, with an Essex County divorce attorney, contact us online or call our toll-free number at (844) 431-3380.