Restoring balance to your life, efficiently and effectively. 

The process of divorce means something different to each person who experiences it. But no matter the circumstances, the universal complexity of dissolving a relationship—whether an official marriage or the dissolution of a relationship between unmarried cohabitants—demands legal representation that is both highly knowledgeable and emotionally savvy. 

At Fraser Family Law Office, we work swiftly and intelligently to minimize the time, emotional stress, and financial burden of divorce. Together, we will explore all of your options for resolution to identify the route that is best for your family and your individual situation. Many divorce cases are resolved through mediation, collaborative law, arbitration, and other forms of alternative dispute resolution that take place outside the courtroom. If your case does result in trial, you can feel secure relying on our experienced litigators to advocate skillfully and passionately on your behalf. 

Solutions For All Your Divorce Issues

 Our office works diligently to move your case toward a final judgment of divorce. A final judgment of divorce addresses issues such as, but not limited to:

• Child custody: which includes legal custody and physical or residential custody.

• Parenting time:  In New Jersey this is awarded to the parent who does not have primary physical or residential custody.

• Child support: which is support to take care of the regularly occurring and extraordinary expenses of children.

• Alimony (also known as spousal support): which can include pendente lite support (support while the divorce is pending), limited duration, reimbursement, rehabilitative and open durational support.

• Equitable distribution of property (property division): which is how all real and tangible property is divided. This includes houses, bank accounts, retirement plans, personal property and all other assets

 Getting Divorced in New Jersey: Contested and Uncontested Divorces

 An uncontested divorce proceeding is one in which the parties are able to resolve issues in a divorce amicably. The uncontested divorce process is usually the fastest and most cost-effective way to get divorced. This involves reaching a global settlement agreement called a Marital Settlement Agreement and asking the Family Court to put your divorce through as an uncontested proceeding (meaning that both parties agree to have a Final Judgment of Divorce entered that incorporates the agreed upon settlement agreement).

 A contested divorce proceeding usually involves situations where the parties cannot agree on the resolution of divorce issues such as support, custody or division of assets. These cases can involve higher conflict and take longer to resolve and be more costly. Yet even in contested cases, there are ways that the Court and our office can help you reach a beneficial settlement.

 Starting the Divorce Process: Filing a Complaint For Divorce or Beginning Divorce Negotiations

The divorce process can start outside of Court or by the filing of a Complaint for Divorce. To meet the requirements to file a Complaint for Divorce in New Jersey, either you or your spouse must have lived in New Jersey for the 12 month period prior to filing unless adultery is alleged as grounds for divorce. The person filing for divorce, must file a Complaint for Divorce in court and pay a filing fee. The Complaint outlines basic information including names and addresses of the parties, date of marriage, grounds for the divorce and the specific relief being requested such as alimony, support, custody and division of property.

New Jersey provides for "no-fault" and "fault" divorces. A no-fault divorce simply means neither spouse is accusing the other of marital misconduct. A no-fault divorce is available if spouses have been separated for at least 18 months or if the parties have been unable to make the marriage work due to irreconcilable differences for at least 6 months. A divorce based on irreconcilable differences does not require that spouses live apart.

A "fault" divorce can be alleged on numerous grounds including adultery, desertion, imprisonment, institutionalization and mental or physical cruelty. The person alleging fault must be prepared to prove the accusation.

Once the Complaint has been filed in court along with other initial documents related to insurance coverages, availability of dispute resolution and finances, the paperwork must be served on the other spouse. This can be accomplished by mailing documents to the spouse by certified or registered mail or by personal service of the documents by a sheriff's deputy, process server or anyone over the age of 18 who is not involved in the case.

The served spouse, designated as the defendant, must respond within 35 days by filing an Appearance or an Answer. In the Answer, the defendant may agree with some or all of the requests made in the Complaint. The defendant may also file a counterclaim alleging alternative grounds for the divorce and request alternative relief.

Empowering You To Help You Move Forward

Divorce settlements are strongly encouraged in New Jersey.  We work with you to explore settlement options and to obtain cost-effective and beneficial settlements for you and your family. These settlements can take place at any time, even before the filing of a Complaint for divorce. It is also possible to settle your case once a divorce litigation has been initiated; including the Court required Early Settlement Program and mandatory economic mediation.

Our goal is to empower our clients by providing a personal and practical approach to divorce by a family lawyer who has knowledge of family law and divorce law and over 25 years of experience in Central New Jersey Family courts.  

If you need help filing for divorce or with a related family law matter, contact us online or call Fraser Family Law Office, LLC, 609-223-2099 to schedule an appointment family law attorney, Georgia Fraser, Esq.

Serving all of Central New Jersey: Mercer County (including Princeton, West Windsor, East Windsor, Lawrenceville, Hamilton Township, Trenton, Robbinsville, Hopewell Township, Pennington, and Hightstown), Somerset County, Hunterdon County, Middlesex County, Monmouth County, Burlington County and Ocean County.

We Assist clients with:

• Divorce

• Prenuptial agreements

• Equitable distribution

• Palimony claims and appellate matters

• Divorce from bed and board (limited divorce)  

• Domestic violence or abuse

• Post-judgment applications and modifications