Divorce is often a trying experience and a situation everyone would prefer to avoid. Although New Jersey has one of the lowest divorce rates in the nation, that doesn’t make it any less of a stressful and emotional situation for all parties involved.
The divorce process can bring about unwanted financial, personal and professional hardships and at Villani & DeLuca, we know that it is not just about who gets the furniture. These, and many others, are issues that a trained and experienced divorce lawyer can help you work through. We listen carefully to your problems, your concerns and your hopes, knowing that it is about your future and how you envision your life two, ten and even twenty years from now.
When facing a divorce, it is important to have an experienced lawyer to help guide you through the legal process and give you the best legal representation possible. Our firm’s divorce lawyers are trained and experienced in litigation and going to trial in divorce and family law matters in Monmouth County, Ocean County and other neighboring counties in New Jersey.
Since 1996, Villani & DeLuca has been legally representing individuals in New Jersey through their divorce. Every case is unique and should be treated as such. Our family law attorneys will help you through every step of this difficult and sensitive process, giving you the choice to resolve your marriage on your own terms. We can help determine if your case may be a good candidate for mediation or, when necessary, battle vehemently for you in NJ Family Court.
The entire divorce process can carry unwanted financial, personal and professional stress. In addition to all issues pertaining to marital disputes, such as alimony or spousal support, child custody and equitable division of property, we can assist you with post-divorce modifications should your circumstances change in the future.
Vincent C. DeLuca, Esq., partner at Villani & DeLuca, is one of a limited number of attorneys in New Jersey certified by the Supreme Court of New Jersey as a Matrimonial Attorney, making him exceptionally qualified to represent you. Less than 0.002% of active New Jersey attorneys have this distinction.
If you have decided that a New Jersey divorce is the appropriate path for you, understanding your options and the legal process is important.
Collaborative Divorce – Whenever possible, the divorce law firm of Villani & DeLuca encourages couples to resolve their differences through civil and cooperative methods such as collaborative divorce. The collaborative process is a voluntary legal process enabling couples who have decided to end their marriage to work with lawyers to avoid the uncertain outcome of court. This process helps them to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of contested litigation which is typically contentious and stressful everyone involved.
Uncontested Divorce – It is very rare to find a divorce is truly “uncontested” in the sense that disagreements do not exist. But these disputes do not always have to be resolved in court – the spouses can reach a decision as to the terms of the divorce without going to trial. These common disagreements between you and your spouse could be over any financial or divorce-related issues (i.e., child custody and support, division of marital property or spousal support). An uncontested divorce typically reduces hostility, allowing both parties to resume their lives more quickly. But sometimes individuals start the divorce process thinking that the proceeding will be uncontested, but discover later that your spouse has decided to contest (“fight”) the case.
Contested Divorce – A contested divorce is when your spouse disagrees with anything in the case, including the divorce itself, financial stakes, property division, child custody, etc. A contested divorce is more complicated than an uncontested divorce. Though contested divorce proceedings take much longer to complete and typically involve greater stress, the attorneys at Villani & DeLuca are committed to helping you through the process.
Divorce Mediation – In divorce mediation, you and your spouse – or, in some cases, the two of you and your respective lawyers – hire a neutral third party, called a mediator, to meet with you in an effort to discuss and resolve the issues in your divorce. If you would rather not involve the courts and instead have control of your divorce settlement, mediation may be the best solution. We will work with you and your spouse’s lawyers and the New Jersey divorce mediator to come to an agreement. If you are searching for a mediator, Partner Vincent DeLuca is a NJ-certified mediator and will work with you and your lawyers.
Alternative Dispute Resolution – A divorce can be resolved through informal negotiations between you, your divorce attorney, your spouse and your spouse’s divorce attorney, by using out-of-court alternative dispute resolution (ADR) proceedings that tend to facilitate a voluntary settlement. The main objective is to get the parties involved in the dispute together and see if they can put aside their differences and come to some sort of agreement.
New Jersey has its own divorce laws regarding who is eligible to file for a divorce. Each state protects its jurisdiction and makes sure the appropriate laws are applied to the appropriate cases. To prevent your case from being dismissed, make sure you meet the New Jersey residency requirements. The most common mistake people make is believing they must divorce in the state in which they were married. This is actually not true. Most divorce cases throughout the United States are filed in the county in which the filing spouse resides.
Generally, you or your spouse must have been a resident in New Jersey for 12 consecutive months prior to the filing of a divorce complaint. You and your spouse must have lived apart for at least 18 consecutive months (no-fault grounds) or you must have stated in divorce papers that the two parties have experienced irreconcilable differences (fault grounds) for a period of six months. Other fault grounds in New Jersey include the following:
Divorces are complex and not all divorces have to go to court. Whether you’re facing a divorce trial or seeking divorce mediation in Monmouth or Ocean County, New Jersey, contact the divorce law firm of Villani & DeLuca, P.C. to represent you as soon as possible. The divorce attorneys at Villani & DeLuca are committed to help you through this difficult time and ensure you are fully protected. We can be reached 24 hours a day, 7 days a week at 732-965-3350. Call today for a free consultation from our trusted attorneys in family law.