Divorce proceedings can be an emotionally and economically challenging time for you and your family, full of uncertainty about what is to come and what the ultimate result of your efforts will be. Family law attorney Theodore B. Weiss has over 25 years of experience helping Southern New Jersey, Pennsylvania, and New York residents navigate the complexities of divorce. He can advocate for your rights both inside and outside the courtroom. As a compassionate and caring lawyer with extensive family law knowledge, Mr. Weiss prides himself on providing his clients with the same consideration and effort that he would give to a good friend or family member. Many of the individuals whom he represents come from New Jersey communities in Burlington, Camden, and Gloucester counties. He also represents individuals in Pennsylvania, in Philadelphia, Montgomery and Delaware counties.The Process of Dissolving a Marriage
Depending on the state in which you reside, you may have access to both no-fault and fault divorces. No-fault divorce is a kind of divorce based on “irreconcilable differences” between spouses and does not focus on allocating blame between the two parties. For this reason, it can be more amicable than other divorce proceedings. A person may typically file for no-fault divorce when:
- One or both spouses has lived in the state for at least 12 months;
- They have experienced irreconcilable differences for at least six months;
- These irreconcilable differences have led them to determine that the marriage should end; and
- Reconciliation is not likely.
If both spouses are in agreement about the need for a divorce, and there are no contested issues, the couple may often make use of default processes. These may allow the parties to reach a settlement agreement outside of court and present the agreement to the court for quick approval of the divorce. In some counties, this does not even require a court appearance.
If a divorce is contested, or emotions are particularly charged, one spouse may elect to go to trial. This trial may involve issues relating to the equitable distribution of assets, spousal support, and child custody disputes.
In addition to dissolving the marriage, divorce often necessitates a division of assets, determination of ongoing monetary support, and creation of child custody arrangements. In most states, the law requires that property division be governed by the principle of equitable distribution. This means the court will focus in dividing the property in a way that is fair to both parties depending on a number of factors, including current employment and what each party contributed to the marriage. Equitable distribution does not mean that property will automatically be divided in half. Instead, each individual will have an opportunity to make an argument regarding how much of the marital property he or she is entitled to receive.Discuss Your Divorce with an Experienced Attorney
If you are pursuing a divorce or believe that you will seek a divorce in the near future, it is important to seek the advice of a qualified attorney. These proceedings can quickly turn complicated when parties are not in agreement. Divorce attorney Theodore B. Weiss has helped countless individuals throughout the tri-state area navigate both no-fault and fault divorces. He understands the issues that frequently arise in even the most straight-forward of situations. Our firm has assisted people across South Jersey, Pennsylvania, and New York. For more information, please contact us at (856) 779-9670 or online.