The Best Family Law Attorneys in Essex County NJ Are the Ones Proven Safe To Hire
Dealing with divorce, adoptions, prenuptial agreements, child custody, alimony, and other matters can be emotional and difficult. You shouldn't go it alone. Instead, you'll want a qualified Essex County family law attorney or divorce lawyer to help you make the best decisions and get the most favorable outcome for all parties involved.
Family law attorneys in Essex County and divorce lawyers in Essex County NJ bearing The Prime Buyer's Report Top Ten symbol are those local divorce lawyers and family law firms proven by our independent research to have passed the Top Ten requirements for ability and value. In addition, our staff has called previous clients to verify high satisfaction with them for family law cases in Essex County NJ, including for division of property, child support, child custody and visitation, alimony, divorce mediation services and more.
Read on for more information about choosing the right divorce attorneys or family law representatives.
Updated April 14, 2020
The Best Family Law Attorneys in Essex County NJ Are the Ones Proven Safe To Hire
The state of New Jersey requires divorce and family law attorneys in Essex County NJ to be licensed by the New Jersey State Bar simply as practicing attorneys, and not in the specialty of family law or divorce.
This makes it significant that all family law attorneys in Essex County NJ who bear The Prime Buyer's Report Top Ten symbol have been cleared by our research staff as passing all the requirements for Prime Buyer's Report Top Ten status, including reference phone calls to previous clients to verify high satisfaction, good complaint record, verified liability insurance, sufficient length of time in business, best business practices, and more.
Family Law Attorneys and Divorce Lawyers in Essex County NJ
Whether or not the parties in a marriage have children, a divorce (or 'dissolution of marriage') is handled in a branch of thecourt system known as family law. Often, lawyers who specialize in helping people through divorce are known as family law attorneys, divorce attorneys, or both.
In the world of family law, there are always at least two parties (occasionally more than that): basically husband and wife. Whereas in other areas of civil law the parties are known as plaintiff and defendant, in family law they are referred to as petitioner and respondent. Any family law or divorce attorneys are qualified to represent either party. In fact, there is little functional difference in the designations of petitioner and respondent. Whichever party makes the first request to the court for a dissolution or separation is the petitioner; he or she "petitions the court" and the other party "responds" to the petition.
If there are children under the age of eighteen involved in your divorce, divorce lawyers or family law attorneys in Essex County will also be able to negotiate custody, visitation and support issues as a matter of course.
Where divorcing parties are not fiercely divided over these issues, it is usually fine to negotiate an agreement and memorialize it through your respective counsel. If however, custody, visitation or support issues are contested, it may be best to be sure you have divorce lawyers or family law attorneys in Essex County that specialize in custody disputes.
New Jersey law allows for the ending of a marriage based on irreconcilable differences, separation, desertion, or extreme cruelty. You or your spouse must have lived in New Jersey for 12 consecutive months prior to your attorney filing the divorce complaint.
Filing for No-Fault Divorce in Essex County NJ
New Jersey is a no fault divorce state allowing a no-fault divorce in the case of irreconcilable differences for six months or more, or living apart for 18 months or more with no possibility of getting back together. No-fault divorce doesn't require proof that either spouse was responsible for causing the marriage to end.
Filing for Fault-Based Divorce in Essex County NJ
New Jersey also allows a fault-based divorce in cases of desertion for at least 12 months, or extreme cruelty. Extreme cruelty includes acts that range from emotional abuse to physical violence. The most recent acts of cruelty you claim in the divorce filing must have occurred at least three months before your attorney files for divorce. Your divorce filing should include every act of abuse that happened from the first day or marriage up to the date three months prior to your signing of the divorce complaint.
Other fault-based grounds for divorce include adultery, institutionalization for mental illness, incarceration, deviant sexual conduct, habitual drunkeness or voluntary addition to narcotics.
Dissolving Civil Unions (Same-Sex Unions) in New Jersey
People in a civil union of a same-sex couple have the same rights under New Jersey law as husbands and wives in a marriage. Ending a civil union uses the same methods as divorce in a marriage.
Dispute Resolution Alternatives to Divorce in Essex County NJ
Dispute resolution is a way of settling a claim other than a hearing or trial. Two forms of dispute resolution are mediation and arbitration. Some good divorce lawyers in Essex County NJ provide mediation services as an alternative to potentially more costly divorce proceedings.
Services Good Divorce Attorneys in Essex County NJ Will Provide
The law requires that you make all legal claims in the divorce complaint, including alimony or spousal support, division of property, division of debts, taking back your former name, insurance policies, child custody, child visitation, child support. A divorce lawyer will go through all of these for you, including any necessary forensics to determine the true worth of existing assets and income.
Types of Alimony
- Open Durational Alimony
Usually awarded only if the couple has been married 20 years or more, or if one spouse is financially dependent or permanently unable to work due to disability or lack of skills or experience. You might get this alimony until you remarry or cohabitate (live with someone as though you are married), or the paying spouse reaches retirement age. Either spouse can apply to the court after the divorce to adjust the alimony amount due to a change in circumstances.
- Limited Durational Alimony
The court awards temporary alimony until a particular event, like you gain employment. If your divorce attorney succeeds in getting the court to award you limited durational alimony, usually it will not last for a time period longer than the marriage itself.
- Rehabilitative Alimony
Temporary alimony given upon proving that you are likely to be able to support yourself after a period of more education or training.
- Reimbursement Alimony
Awarded by showing you supported your spouse though school or training and expected to benefit financially from an increase in your spouse's income as a result.
- Modification of Alimony and Spousal Support
A spouse may file a motion to modify spousal support or alimony by showing a change in one of the spouse's circumstances, such as a significant change of income, or physical disablement, or other changed circumstances that effect income or expenses.
Child Custody Agreements
There are two types of child custody: physical custody (where the child lives) and legal custody (who makes important decisions for the child). Each type can be primary (granted mostly to one spouse) or joint (shared by both spouses). In some cases, sole custody is ordered only where one parent is absent or found to be legally unfit.
Child Visitation Rights
The non-custodial parent will almost always get visits with the child. Those visits are restricted only if the court is convinced that non-custodial parent will harm the child.
Some Family Law Attorneys in Essex County NJ Are Much Better than Others
The Prime Buyer's Report lists these divorce lawyers in Essex County NJ: Pearl Levy & Cicalese West Caldwell NJ, Pitman Mindas Grossman Lee Newark NJ, Skoloff & Wolfe Livingston NJ, Slingerland & Slingerland Maplewood NJ, Meislik & Meislik Montclair NJ, Marcus Brody Ford Kessler Roseland NJ, Richardson Howell & Carter Newark NJ, Moses Apsan Law Offices Newark NJ.
Other family law attorneys in Essex County NJ who might still be in business include: .
Resources About Family Lawyers or Divorce Attorneys in Essex County NJ
Regulatory Bodies & Trade Associations Related to Divorce Lawyers in Essex County NJ
ACFTL American College of Family Trial Lawyers www.acftl.com
AFCC Association of Family and Conciliation Courts www.afccnet.org
AAML American Academy of Matrimonial Lawyers www.aaml.org
BBB Better Business Bureau www.bbb.com
ISFL International Society of Family Law www.isflhome.org
FLA Family Law Association www.familylawassociation.org
NAFLA National Academy of Family Law Attorneys www.nafla.net
New Jersey State Bar Association www.njsba.com
NJ Council of Collaborative Practice Groups: Collaborative Law www.collaboratenj.org
NLA National Lawyers Association www.nla.org
NLG National Lawyers Guild www.nlg.org
NJWLA New Jersey Women Lawyers Association www.njwla.org
NJMLA New Jersey Muslim Lawyers Association www.njmla.com
Media Related to Divorce Lawyers in Essex County NJ
Attorney At Law Magazine www.attorneyatlawmagazine.com
ABA Journal - The Lawyer's Magazine www.abajournal.com
Family Lawyer Magazine www.familylawyermagazine.com
The Prime Buyer's Report provides information for the Top Ten Divorce Lawyers and Family Law Attorneys in Essex County NJ within the following zip codes:
7106, 7112, 7105, 7111, 7110, 7109, 7108, 7188, 7107, 7114, 7078, 7019, 7042, 7003, 7068, 7018, 7041, 7052, 7017, 7104, 7040, 7051, 7009, 7103, 7039, 7050, 7007, 7102, 7028, 7044, 7006, 7079, 7021, 7043 and 7004
The Prime Buyer's Report provides information for the Top Ten Family Lawyers and Divorce Attorneys in Essex County NJ within the following cities:
Brookdale, Caldwell, East Orange, Essex Fells, Glen Ridge, Newark, North Caldwell, Roseland, Short Hills, Silver Lake, Upper Montclair, Belleville, Bloomfield, Cedar Grove, City of Orange, Fairfield, Irvington, Livingston, Maplewood, Millburn, Montclair, Nutley, South Orange Village, Verona, West Caldwell and West Orange