phone (732) 414-0300
OPEN PRACTICE AREAS

Divorce

Monmouth County Divorce Lawyers

Skillfully Guiding Couples Through Divorce

Not every marriage is destined for “happily ever after”. For those couples, the decision to divorce can be a painful one. When there are children born of a marriage, that decision can become all the more difficult. Understanding the laws of divorce in New Jersey, and your rights and responsibilities under the law, is important as you embark upon the divorce process. The experienced Monmouth County family lawyers at Lomurro Law are knowledgeable in all facets of divorce and family law, successfully guiding couples through the process toward the best possible outcome.

Grounds for divorce in New Jersey

New Jersey is a mixed state: couples can use either “fault” or “no-fault” grounds as the basis for filing for divorce. A legal separation of 18 months or longer may also serve as grounds for filing for divorce.

New Jersey follows equitable division of marital property

In a divorce, the state of New Jersey follows rules for the “equitable division” of marital property. Marital property is divided between the spouses in what is considered an equitable manner, a determination that is based on several factors including the contributions each spouse made to the marriage and each spouse’s needs for life post-divorce. Equitable should not be confused with “equal”; equitable means reasonable or fair.

Marital property vs. separate property

In New Jersey, all property that is obtained during the course of the marriage is considered martial property. Any property that was owned by either spouse before they were married or after they file for divorce is considered separate property. Inheritances and gifts received during the marriage – except those from your spouse – are also considered separate property.

State residency is required

To file for divorce in the Garden State, one or both spouses must be a resident of the state for a minimum of one year before filing for divorce.

New tax laws regarding alimony

The Tax Cuts and Jobs Act, signed by Congress at the close of 2017, repeals the alimony deduction on personal income taxes for those couples who are divorced after December 31, 2018. For couples who are divorced prior to that time, alimony payments may be deducted by the spouse paying the alimony, and are reported as taxable income by the recipient of the alimony.

Have questions regarding divorce in New Jersey? Trust our experienced Monmouth County divorce attorneys to see you through

Divorce is a complicated process that raises several issues including alimony, child custody, child support, visitation, and division of property. Many couples feel overwhelmed by the numerous decisions to be made and stressed trying to resolve conflicts. We can help. The Monmouth County divorce lawyers at Lomurro Law skillfully address all aspects of divorce, acting in your best interests for the best possible outcome for you and your family. Lomurro Law serves all of Monmouth County, including Asbury Park, Colts Neck, Holmdel and Wall Township. Schedule a confidential consultation to discuss your situation; contact our office at 732-414-0300 or contact us online.