Bergen County Divorce Lawyers
Divorce is one of life’s most difficult transitions, even when both spouses are cooperative. From child custody and support to the division of property and spousal support, the process is legally complex and emotionally draining.
At Marotta Blazini Dunleavy LLC, our compassionate Bergen County divorce lawyers offer trusted guidance and strategic representation to protect your interests and help you move forward with confidence.
What Are the Grounds for Divorce in New Jersey?
To file for divorce in New Jersey, at least one spouse must have been a resident of the state for at least one year. The exception is adultery, which has no residency requirement if the incident occurred in New Jersey.
There are two types of grounds for divorce:
No-Fault Divorce
Most divorces in Bergen County are filed on no-fault grounds, typically citing irreconcilable differences. This means the spouses have experienced a breakdown of the marriage for at least six months, with no reasonable chance of reconciliation.
No-fault divorce is often quicker and less expensive, especially when both parties agree on major issues.
Fault-Based Divorce
In a fault-based divorce, one spouse must prove that the other engaged in misconduct. Grounds include:
Adultery
Extreme cruelty (physical or emotional abuse)
Desertion (at least 12 consecutive months)
Addiction or habitual drunkenness (12+ months)
Institutionalization (mental illness lasting 24+ months)
Imprisonment (incarceration for 18+ months)
When filing on fault-based grounds, the spouse must present evidence to the court to support the claim.
What Is the Divorce Process in Bergen County?
Divorce in New Jersey follows a structured legal process. While every case is unique, most follow these steps:
Filing the Complaint for Divorce: One spouse files a petition with the Family Division of the Superior Court in Bergen County.
Answer and Counterclaim: The other spouse has 35 days to respond.
Case Management: The court may schedule a case management conference to identify key issues.
Discovery: Both sides exchange financial documents and other relevant information. Depositions may be taken in contested cases.
Negotiation and Settlement: Lawyers help negotiate agreements on alimony, child custody, support, and property division.
Parenting Education: If children are involved, both parents must attend a court-mandated parenting class.
Intensive Settlement Conference: If no agreement is reached, the court may order this session to encourage compromise.
Trial: Unresolved cases go to a bench trial (judge-only; no jury), where a judge issues final rulings.
How Long Does a Divorce Take in Bergen County?
The timeline for divorce varies. Uncontested divorces may be finalized in a few months, while contested divorces—involving disputes over children or finances—can take a year or longer, depending on court scheduling and the complexity of the issues.
What Issues Must Be Resolved in a Divorce?
Each divorce is different, but certain core matters must be addressed before a judgment of divorce is granted:
Child Custody:
New Jersey courts prioritize the best interests of the child. Custody can be:
Joint legal Custody: Both parents share decision-making.
Primary Physical Custody: The child lives mainly with one parent, and the other has parenting time.
Shared Physical Custody: The child splits time more evenly between both homes.
Sole Custody: One parent has full legal and physical custody.
Child Support:
Support is calculated using the New Jersey Child Support Guidelines, considering factors such as:
Income
Custody time
Number of children
Healthcare needs
Equitable Distribution of Property:
New Jersey is an equitable distribution state. This means marital property is divided fairly, though not necessarily equally, based on several factors, including but not limited to:
Duration of the marriage
Each spouse’s income and future earning potential
Standard of living during the marriage
Contributions to marital property (including homemaking)
Any valid prenuptial or postnuptial agreement
Spousal Support (Alimony):
Alimony may be awarded to ensure that one spouse maintains a similar lifestyle after divorce. The court considers many factors, including but not limited to:
Length of the marriage
Each spouse’s financial needs and earning ability
Age and health of each party
Marital lifestyle
Parental responsibilities
Any history of financial dependency
Following NJ’s 2014 reforms, open durational alimony is typically reserved for marriages longer than 20 years. Other types include limited duration, rehabilitative, and reimbursement alimony.
What Is Divorce Mediation?
Mediation is a voluntary process where a neutral third-party mediator helps spouses resolve divorce-related issues outside of court. It is often faster, less adversarial, and more cost-effective than litigation.
Benefits of mediation include:
Reduced legal costs
Greater control over outcomes
Confidentiality
Faster resolution
Better co-parenting dynamics post-divorce
Many Bergen County spouses choose mediation to keep the divorce process more amicable and private.
How Much Does Divorce Cost in Bergen County?
Divorce costs vary widely depending on whether the case is contested or uncontested. Factors include:
Attorney fees
Court filing costs
Expert witness or financial consultant fees
Mediation or parenting coordination costs
While some divorces may cost only a few thousand dollars, complex or high-conflict cases can cost significantly more.
Why Hire a Bergen County Divorce Lawyer?
Trying to navigate the divorce process on your own can be overwhelming. At Marotta Blazini Dunleavy LLC, our experienced Bergen County divorce lawyers provide comprehensive support throughout your case. We will:
Help you establish appropriate grounds for divorce.
Represent you in court or settlement negotiations.
Draft and file accurate legal documents.
Advocate for fair alimony, custody, and property division.
Identify and protect marital assets.
Ensure your rights are upheld at every stage.
Whether your case is uncontested or high-conflict, our lawyers are committed to securing the best outcome possible.
Speak With an Experienced Bergen County Divorce Lawyer at Marotta Blazini Dunleavy LLC Today
If you’re considering divorce, don’t face it alone. At Marotta Blazini Dunleavy LLC, our compassionate Bergen County divorce lawyers are here to help you make informed decisions and move forward. Call 201-368-7713 or fill out our online contact form to schedule your consultation. Located in Maywood, New Jersey, we proudly serve clients throughout Bergen County and the surrounding areas.
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