Passaic County Divorce

Skilled Family Law Attorney Helping Clients in Passaic County

The New Jersey county of Passaic has a population of over 500,000 people in its 16 communities, reflecting a distinct increase over the last 10 years. Its name comes from a Native American origin and means “valley.” The area is home to many points of interest, including the New Jersey State Botanical Gardens, Paterson Museum, and Lambert Castle. Residents and visitors can also enjoy more than 16,000 acres of preserved open space for parks and recreation. Each year, a number of Passaic County residents go through the process of dissolving a marriage. Passaic County divorce lawyer Brian D. Iton can help you try to turn a contested case into an uncontested case, reducing the friction and stress of the situation. An uncontested divorce allows the spouses to create an out of court settlement agreement rather than rely on a judge to resolve major issues involving their future.

Dissolving a Marriage in New Jersey

In New Jersey, the law mandates that one spouse or the other be a resident of the state for at least 12 months immediately prior to filing the divorce petition. Once this residency requirement is met, a Superior Court in the state has the authority to grant a divorce.

Residents of New Jersey can seek a no-fault divorce or a fault-based divorce on a number of grounds. A no-fault divorce can be granted due to irreconcilable differences, which means that the marriage has broken down for at least six consecutive months, and there is no reasonable prospect of reconciliation. The fault of either party in causing the relationship to end generally does not affect other issues in the divorce. Fault is only considered in relation to an otherwise valid alimony claim if it so serious that it “shocks the conscience.”

Following a divorce, one individual is often eligible for spousal support from the other spouse, which is commonly known as alimony. This payment allows the supported spouse to maintain a lifestyle similar to what the couple maintained during the marriage. There are a variety of different types of alimony in New Jersey. Although permanent alimony has been abolished and replaced with open durational alimony, the court will examine each case to see which should apply in a particular situation.

A judge may modify an existing alimony agreement if there is a significant change in circumstances. This type of situation may arise if either spouse suffers job loss, disability, or another significant change in his or her financial situation. Child support is evaluated separately from alimony according to a different set of factors, even though the same person may receive both forms of support simultaneously.

Discuss Your Divorce with a Passaic County Lawyer

Brian D. Iton is a knowledgeable family law attorney who has guided a number of Passaic County residents through contested and uncontested divorces. Dealing with the end of a relationship is never easy, especially if it has lasted a long time, but it often can be resolved less contentiously than you may expect. We understand this area of the law and can help address your concerns about the legal process. Our firm assists clients from Hackensack, Paterson, Jersey City, and Newark, among other cities in New Jersey. For a free consultation with a Passaic County divorce attorney, contact us online or call our toll-free number at (844) 431-3380.