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Are You in Need of Expert LEGAL REPRESENTATION? FREE Initial Consultation 973-285-1444

23 Cattano Avenue
Morristown, N.J.
07960
phone: 973-285-1444
fax: 973-285-0271
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Frequently Asked Questions About Divorce

Q: What is a legal divorce?

A: A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, your divorce will give each person the legal right to marry someone else, it will legally divide the couple's assets and debts, and determine the care and custody of their children. Each state addresses these issues differently, but there are some relatively uniform standards. Each state does have some type of "no fault" divorce laws that can significantly simplify the divorce process.

Q: What is a no fault divorce?

A: Traditionally, divorce was granted on the basis of some marital misconduct such as adultery or physical abuse. In these cases the "guilty" spouse was punished by getting a smaller share of the couple's property or being denied custody of their children while the "innocent" spouse was rewarded for being faithful to the vows of marriage. In a no fault divorce, however, both parties agree that there is no "fault" involved in the grounds for divorce. Please note that states' laws differ on the issue of fault or no fault divorce. Among the 50 states, a number provide no fault divorce as their residents' only choice; residents of other states may pursue fault based or no fault divorce.

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2/3 to 3/4 of divorces are initiated by women


Attorneys providing essential legal services to individuals, families, and businesses in Morris County and throughout New Jersey.

Identification, valuation, and appropriate distribution and protection of assets and property are important in divorce proceedings where one or both of the parties entered the marriage with significant assets, or assets were acquired during the marriage. Our divorce lawyers have extensive experience representing clients in divorce proceedings involving valuable property. Without a pre-nuptial agreement in place, and in the absence of an agreement between the parties, the family court determines which assets are subject to division, and which assets are exempt from division. Whether you seek to protect the assets you obtained before you were married, or you seek to insure that you leave the marriage with everything to which you are entitled, our experienced divorce attorneys will vigorously protect your rights and interests in your property and assets during all negotiations and litigation.

Significant marital property can create disputes and require skilled analysis of the law and valuation of the property. Our divorce attorneys possess the experience with these unique situations to help you protect that for which you have worked so hard. Contact us to schedule a CONSULTATION with a knowledgeable divorce attorney.

We are conveniently located in Morris County, New Jersey, and serve clients throughout Morris, Somerset, Essex, Hunterdon, Bergen, Passaic, Sussex, Union, and Warren Counties.

Divorce - An Overview

Contemplating divorce is always difficult. Whether you are sure you want to end your marriage or are still considering your options, it helps to learn the basics of divorce law and process. Should you conclude that divorce is necessary, it is very important that you seek the assistance of an experienced family law attorney. Involving a knowledgeable family law attorney as soon as possible in the divorce process is one of the best ways to preserve your own long-term financial and emotional health.

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Division of Property

When there is little or no marital property, no children, no issues of alimony or spousal maintenance, amicable spouses can usually obtain a quick divorce. Most divorces, however, are different and far more complex. The typical divorce involves a union of a number of years with considerable marital property, both personal property and real estate, children, family businesses, large or concealed debts, trust funds, real estate in other states, joint and separate accounts, investments, insurance, pensions, and other assets. In these complex situations, the parties often cannot divide their property on their own and therefore may require court involvement for its ultimate division.

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Questions to Ask During Divorce

Whether you should end your marriage is one of the most important and difficult decisions you will ever encounter. It is important to approach the question from a rational perspective rather than solely an emotional one. In many ways it is a business decision that requires you to evaluate many issues. Once you review this list of questions, you may rethink the direction you are headed, or you will be better prepared to move forward while working with an attorney.

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How to Move On

Recovering from a divorce is similar to the grieving process one experiences when a loved one dies. There are five stages in the process: shock and denial, anger, ambivalence, depression and recovery. Many people expect to work through these stages one after the other, but that isn't usually how it happens. You can expect to move in and out of each phase over time and sometimes experience more than one phase at the same time. It is a difficult process and time consuming. Family counselors advise it may take as long as two years to fully recover.

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An Amicable Divorce

Divorce is one of the most emotional experiences a person will ever face. The decision to end a marriage is not easy and is often accompanied with anger, fear, and resentment. The negative emotions associated with divorce are responsible for more than hurt feelings; they affect the final outcome of settlement negotiations. Most important, if children are involved, they will suffer. It is in your best interest to approach divorce from an amicable perspective. This will allow you to put on your business hat, which is critical for reaching a successful settlement. It will also allow you to put on your effective parent hat, which is critical for helping your children through this difficult process.

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Two Laufer, Knapp, Dalena, Trimboli & Cadicina, L.L.C. Attorneys named 2008 New Jersey Super Lawyers

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