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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 dissolution of marriage?

A: A dissolution of marriage is a non-adversarial, "no-fault", legal proceeding to terminate a marriage. The parties file a joint petition with the court, requesting that the court review and approve the agreement that they have entered into, which has resolved all relevant issues such as division of property, allocation of marital debt, allocation of parental rights and responsibilities, etc., and requesting that the court terminate their marriage. All of the issues must be resolved or the dissolution procedure cannot be used.

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. A marriage can be terminated simply because the couple agrees that it is no longer salvageable.

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The law firm of Burns, LeBrocq, Wolfe & Associates, based in Woodridge, New Jersey, offers quality legal advice and representation in all aspects of family law, including divorce, child custody, child support, spousal maintenance (alimony), enforcement or modification of court orders, prenuptial agreements, visitation, paternity, and other matters. With almost half of the marriages in the United States ending in divorce, there is a 50-50 chance that you or someone you know will need a family law or divorce attorney at some time your life. The lawyers at our law firm have extensive experience in all aspects of divorce and family matters, and are available to provide you with all the assistance you need.

The information provided on this page is general and may not reflect your particular circumstances. For specific legal advice custom-tailored to suit your situation, contact us at Burns, LeBrocq, Wolfe & Associates. We understand that the emotions induced by your divorce proceedings can leave you emotionally and legally vulnerable at a time when you are faced with making decisions that will affect you and your family for a lifetime; therefore, we offer our clients the support they need at each step of the divorce proceeding, and we will be looking out for your best interest. We proudly serve clients throughout New Jersey, including Middlesex, Monmouth, Somerset, Hunterdon, Union, Mercer, and Ocean 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.

Grounds for Divorce

A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, a divorce will give each person the legal right to marry someone else, divide the couple's assets and debts and determine the future care and custody of their children. While each state has individual statutes that address these issues differently, the basic principles the states follow when considering requests for divorce are relatively uniform.

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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 quite different and far more complex. The typical divorce involves a union of many 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

Considering 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 any easy one to come to and it is often accompanied with anger, fear, resentment and a desire to harm. 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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