Divorce Lawyers Hackensack New Jersey
Divorce Lawyers Hackensack, New Jersey
The divorce lawyers in Hackensack, New Jersey from Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC know that when you are preparing for a divorce, you want to make sure you take the right steps to protect yourself. What does that mean when it comes to finding an attorney? We understand that in these beginning steps it can feel daunting and overwhelming: your life may be turning upside down, you may have kids to worry about, and you may wonder who will keep the house or the car. These are all understandable fears. However, we are here to guide you through the process, represent you, and fight for your rights. Give our office a call to learn more about getting help through a divorce.
A divorce is the last resort when a marriage is no longer working, and it involves a lot of crucial decision making, as top divorce laws based in Hackensack New Jersey are highly familiar with. Having worked with many couples going through the process, the decisions made in the process of a divorce can have significant effects on other family members and the assets each spouse holds. With the help of a trusted divorce lawyer, you don’t need to go through the demands and difficulties of a divorce alone. Talk to a lawyer from Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC if you are in need of assistance.
The legal team at Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC have assisted many clients as they go through the phases of their divorce. Highly experienced, skilled, and compassionate, our lawyers bring an excellent set of qualifications to assist you through this difficult time.
How the Divorce Process Works in New Jersey
As experienced divorce lawyers can tell you, divorce involves much more complications than most people think. It seems like an already messy affair on the surface, but it is much more complex. Once the grounds for divorce are determined, the spouse filing for divorce must send a notice to the other spouse.
Each spouse reviews their finances, where they will decide on the ownership of certain assets, the value of assets, child support, and other topics. A matrimonial settlement agreement must then be reached by the two parties. The parties and their lawyers must then attend a contested or uncontested hearing where a judge will hear arguments for the divorce, then will determine if they will issue a judgment of divorce.
What should I do in the beginning stages of a divorce?
There are a few things you may want to do as you prepare for a divorce and we want to help set the record straight.
- File for divorce as soon as you can. You may be tempted to drive to the courthouse right now and file for divorce. While there are benefits to being the spouse who files for divorce, you want to make sure you have a plan. Before doing this, have a plan in place. Speak with an attorney, know what you want from the divorce, and get the green light to begin filing.
- Find a “shark” and go after your spouse. You may have heard of attorneys who are aggressive and do what it takes to get the job done. However, an aggressive attorney does not equal a good attorney. You want to go about your divorce with a level head, especially if you have children, and find Hackensack, NJ divorce lawyers who will advocate on your behalf and have the negotiation skills necessary to help you.
- Take your kids and avoid your spouse. There are times when this may be the better option, especially if your spouse has been abusive. However, if that is not the case, taking your children away from their other parents could be considered kidnapping. It is in everyone’s best interest to set up a plan for who will watch your children at different times if you and your spouse are no longer living together.
The Importance of a Divorce Lawyer
Emotions can get out of control during a divorce, and it can be tough to keep things in order. You want a lawyer who will provide you with legal guidance and lend emotional support so that you can make rational decisions throughout the process. Because the process of divorce is stressful, lengthy, complicated, and involves so many important decisions, a lawyer can assist you throughout the entire process. They will educate you about your rights, help ensure that an agreement is fair and represents your best interests, and provide you with valuable advice and support.
With the help of a lawyer, you can finalize the divorce more efficiently and in a shorter amount of time. You want to be as prepared as possible to make sure that there are no extraneous issues following a divorce. Contact a compassionate and dependable divorce lawyer today.
Finalizing a divorce is no easy task and is far from straightforward. To ensure that your best interests and finances are protected, it is best to have a lawyer by your side to advocate for you. They will voice your concerns and make sure that any agreement made supports your values and goals. Discuss your unique legal matter with top divorce lawyers that New Jersey residents consistently depend on today.
Common Myths About Divorce
Divorce is a difficult process for all parties involved. There are also many misconceptions about it. It’s important to learn the facts so that you don’t make costly mistakes during the process. Here are some common divorce myths that you shouldn’t believe:
- Someone must be at fault to get a divorce. New Jersey is a no-fault state, so you don’t have to provide a reason to get a divorce. Neither partner has to do something exceptionally terrible in order for a judge to grant a divorce. If you and your spouse have just grown apart and no longer want to be together, you have the right to get divorced.
- Divorce always takes a long time. It’s true that a divorce can take a long time to complete if the divorcing couple has a high-net worth or is unwilling to compromise. However, if you and your spouse are willing to be civil with one another, it’s possible to finish the process quicker. For example, you can attend mediation instead of going to court. A trained mediator will facilitate discussions with your spouse about various matters in your divorce and help you come to an agreement.
- The mother always gets custody of the kids. Most of the time, judges do grant custody to the mother. However, this does not always have to be the case. If the mother is proven to be unfit, the judge will grant custody to the father. For example, if the mother has a drug addiction, she might not be able to properly care for the children.
- You don’t need a divorce lawyer. Some people who are about to get divorced are reluctant to hire an attorney. They might think the legal fees will be too expensive and that they can get by without a lawyer’s help. However, a divorce is a complex process and you have a lot to lose. An experienced lawyer can guide you through the process and prevent you from making costly mistakes.
- Only women can receive spousal support. While this might have been true many years ago, it isn’t the case today. Many women are in the workforce nowadays and are capable of making a decent living. As such, the spouse who was the primary breadwinner in the marriage may be ordered to pay the other spouse support after a divorce.
Common Mistakes to Avoid in a Divorce
A divorce is a stressful process and can cause you to feel a wide range of emotions. Sometimes this can cloud your judgment and cause you to make costly errors. Here are a few common divorce mistakes you should avoid:
- Trying to hide marital assets. Even if you don’t think that your spouse deserves part of a certain asset, you should never attempt to hide it. If the judge discovers that you tried to conceal assets, you could lose important ground in your case. You may also get charged with fraud.
- Failing to have realistic expectations about your finances after the divorce. Unfortunately, many people fail to plan financially after their divorce. The truth is that you likely won’t be able to live the same lifestyle you did when you were married. You won’t be able to rely on two incomes anymore and may have to cut costs. It’s important to establish a realistic budget ahead of time.
- Letting your emotions take over. As mentioned above, getting a divorce can cause you to feel many emotions. However, you shouldn’t allow these emotions to obscure your logic. If you do, you could make bad decisions, like starting unnecessary fights with your spouse or prolonging your divorce. Whenever you feel that your emotions are taking over, sit down and take a deep breath. Keep the bigger picture in mind and regain a logical perspective.
- Failing to communicate with your spouse. This is another common mistake divorce lawyers see divorcing couples make. If the marriage ended badly, it’s understandable why you may not want to speak to your spouse. However, you should try to put your differences aside and maintain an open line of communication. Doing so may help everyone obtain a fair settlement.
- Not telling your lawyer the truth. Your divorce lawyer won’t be able to fully help you if he or she doesn’t know the whole truth. While it might be uncomfortable to share certain facts with your lawyer, it’s in your best interest to do so. Remember that your lawyer isn’t there to judge you.
- Talking poorly about your spouse in front of your kids. If your spouse has caused you a lot of hurt, you may likely want to vent about him or her. However, you should avoid doing this in front of your children. Even though you might not love this person anymore, he or she is still your kids’ parent. Badmouthing your spouse in front of them will just make them feel worse.
Topics Discussed During Divorce Negotiations
As your divorce proceeds on, you will eventually have to negotiate terms of the divorce with your spouse. The more cordial you can be at this stage, the more likely you are to walk away with an outcome you prefer. Your lawyer understands that divorce cases can be incredibly stressful, and can get you prepared for these negotiations if needed. By practicing answering questions and providing statements, you are less likely to say something that is advantageous to your side. Examples of topics that are often discussed during divorce negotiations include:
Complex Property Division
Generally, you are entitled to half of marital property when getting a divorce. But, it can be difficult to identify how to separate assets equally between you and your partner. Arguments can easily erupt, especially when you are both adamant about getting your needs met solely. It can make things more complicated when you have assets that are difficult to value, such as retirement benefits and intellectual property. If you try to negotiate property division on your own, you run the risk of not receiving your fair chunk of the marital property and assets.
Custody of Children
Divorces with children can be particularly difficult. As parents, both you and your partner will have a right to share physical and legal custody of your children. Emotions can run high regarding custody of children, as both parents may fear that they will lose their relationship with their children. The fear of potential negative outcomes can make parents feel like they are pitted against the other. Unfortunately, the intensity of this dispute can boil over and impact children. It is imperative to put your own personal feelings to the side and do what is best for your kids.
We know that it can be painful to negotiate child custody. We understand that you want whatever is going to be in your child’s best interest for their well-being and mental health. Our team can help draft a child custody agreement that protects your parental rights and gives you sufficient opportunity to spend time with your children. We will do what is within our legal power to safeguard the relationship between you and your children.
Spousal Support (Alimony)
Each spouse has a right to be financially stable when they are going through a divorce and thereafter. In fact, you have a right to maintain an equivalent standard of living compared to what you were accustomed to while married. Spouses rarely have the exact same incomes, so in many cases, one spouse works more while the other participates in home or family-related ways. After a couple gets divorced, these discrepancies in income can make it strenuous for one or both people to afford necessities of living. Spousal support may be awarded to help the lower earning spouse transition to life post-divorce.
3 Special Challenges Related to Gray Divorce
Gray divorce refers to the phenomenon of couples divorcing when they are over 50. The rate of divorce has increased for this demographic more than any other age group. The trend has been associated with longer life expectancies and decreased stigma around ending a marriage. Whatever the reason behind it, gray divorce involves unique challenges. The firm of Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC provides experienced divorce lawyers in Hackensack, New Jersey, to help you cope with the difficult situations you may face when you divorce after 50, such as the following.
1. Social Security
If you did not work during your marriage, or you earned less than your spouse, you may be eligible to receive half of what your ex-spouse receives in Social Security when you reach full retirement age even after your divorce. This does not affect your ex-spouse’s Social Security benefit amount, but you do have to meet certain requirements to qualify. For example, you cannot remarry before the age of 60, and the marriage to your ex-spouse has to have lasted at least 10 years. Divorce lawyers in Hackensack, New Jersey, can determine whether you meet the requirements.
Many couples plan to take care of one another when they are older. If you divorce, your ex-spouse is no longer available as a caregiver, or you may not want him or her to fill that role for you. Though your health may be good now, sooner or later you may develop a medical condition that prevents you from taking care of yourself or living independently, and because of the Social Security implications, you may not want to rush into a remarriage in the hopes of gaining a new caregiver. You need to make alternative plans, which may include setting aside funds to pay for long-term care or related expenses.
3. Health Insurance
Eventually, you will be eligible for Medicare, but at the time of your divorce, this may still be 10 or 15 years off. If you are currently covered by your spouse’s policy, this coverage will end after your divorce. You will have to find your own insurance coverage in the interim. This can be a challenge, especially if you are not working, but fortunately, the Affordable Care Act, with its protections for pre-existing conditions and Medicaid expansions in a majority of states, has made insurance accessible to people who wouldn’t be able to have it otherwise.
Gray divorce may also involve complicated tax consequences or lifestyle changes. One of the divorce lawyers in Hackensack, New Jersey, at the firm of Lesnevich, Marzano-Lesnevich, O’Cathain, and O’Cathain, LLC, may be able to help you make sense of your situation.
Contact Our Law Firm Today
We are committed to helping our clients through the most difficult times, and are here to get you throughout your divorce. If you are looking for New Jersey divorce lawyers in Hackensack that you can rely on throughout this process, call us at Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC now.
4 Questions To Ask a Potential Divorce Lawyer
Parting ways from a spouse is rarely easy, and when you decide to make the final break through divorce, things can become even more complex. Fortunately, this is where divorce lawyers and other forms of legal representation come into the picture. Before hiring the first attorney who shows up on your Google search, however, preparing some questions can be helpful. For example, consider these four when you go for your initial consultation.
1. How Often Do You Communicate?
When researching different divorce lawyers in Hackensack New Jersey, one of the most important questions to consider is how often each one communicates. Most lawyers have phone numbers, a website and email but how often they actually use them is another topic. For this reason, asking this question up-front can save you from significant headache in the future.
2. How Do You Communicate?
In the same token, it is also important to know how your legal representative communicates. For example, does he or she prefer text, email or phone call? Is there anyone else at the firm who will be relaying messages between you and your attorney? If so, who? All of these questions can help you have a clearer idea of how a potential divorce lawyer communicates.
3. What Communication Should I Have With My Spouse?
Although this is also a question for a therapist, another complication that can arise during a divorce is the communication you have with the person you are separating from. When the person you used to talk to everyday is suddenly on the opposite end of what you stand for, it can be challenging to find resolution. Asking your potential lawyer for advice in the arena is completely appropriate because he or she may offer insights that can help you avoid unnecessary legal drama down the road.
4. How Will You Secure My File?
Regardless of your situation, personal privacy matters, as does your case security. For this reason, it can also be a good idea to ask about the file securing process when researching divorce lawyers in Hackensack, New Jersey. Similarly, you should also find out how you can expect to access your file for future use. For example, what does the request process look like, and how long can you expect to wait?
At the end of the day, divorce lawyers in Hackensack, New Jersey, can make a difficult family situation easier for everyone involved. Consider hiring one today.
Why Work With a Divorce Lawyer?
If your marriage is coming to an end, you may be going through a difficult time. No matter how amicable a divorce may be, there are a lot of issues that need to be worked out. You might be wondering if you should work with a divorce lawyer. Even if you can agree on everything with your spouse, it is still important for you to work with Divorce Lawyers in Hackensack, New Jersey, such as attorneys from Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC, who can help you. Why is this the case?
One of the first reasons why you should work with a divorce lawyer is that you can save a significant amount of time. If you want to move on with your life as quickly as possible, you need to work with a divorce lawyer who can move your case forward. A divorce lawyer understands how the court system works, and he or she can help you make sure that your case concludes as quickly as possible.
Furthermore, working with a divorce lawyer can actually help you save time. There are a lot of expenses that accompany a divorce, and a divorce lawyer can help you minimize mistakes during the process. That way, you only have to fill out everything once, and you don’t have to worry about incurring any additional expenses. For this reason, make sure you reach out to Divorce Lawyers in Hackensack, New Jersey.
Protect Your Rights
Finally, it is important for you to make sure your rights are protected. There are a lot of issues that need to be worked out in a divorce, and you need to maximize your chances of having everything resolved in your favor. A divorce lawyer can help you avoid common mistakes and ensure your side is heard during the proceedings. Make sure you have an attorney who can protect you.
Work With a Divorce Lawyer
Ultimately, these are just a few of the many reasons why you need to work with a divorce lawyer. If your marriage is coming to an end, it is important for you to streamline the process and protect your rights. Hiring a divorce lawyer can help you do that. Therefore, make sure you reach out to Divorce Lawyers in Hackensack, New Jersey, such as a member of Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC, who can make sure that your rights are protected as the case unfolds.
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