Experienced Divorce Attorneys Serving New Jersey and Pennsylvania

If you are getting a divorce or considering getting a divorce, you likely have questions. Divorce proceedings can be complex, but our attorneys are here to ensure you understand your rights and obligations moving forward.

As a full-service law firm serving clients in New Jersey and Pennsylvania since 1996, our attorneys at Wilhelm & Roemersma, P.C., guide families through some of life’s most difficult transitions with skill and compassion. Our team focuses on protecting your best interests, helping ensure your case is handled efficiently and respectfully.

To discuss your situation with a trusted Pennsylvania or New Jersey divorce attorney, call 908-454-3200 or reach us through our online contact form for a confidential consultation. 

What Is Divorce?

Divorce is the process of ending a marriage under the law. It involves canceling or reorganizing the legal duties and responsibilities between spouses. During divorce, you will determine key issues such as property division, child custody, spousal support and, when applicable, child support.

In New Jersey, divorce can be either contested or uncontested. A contested divorce occurs when spouses disagree on major issues like assets or parenting time. On the other hand, an uncontested divorce is when both parties reach an agreement and file jointly. The process can vary in length and complexity depending on these factors.

Having an experienced divorce attorney can help protect your financial interests and ensure that all legal documents and deadlines are properly handled. At Wilhelm & Roemersma, P.C., we focus on delivering solutions that minimize conflict and support long-term stability for you and your family.

What Is The Difference Between A Contested Divorce And An Uncontested Divorce?

The primary difference between these two paths in New Jersey and Pennsylvania is the level of agreement between spouses on the final terms of their separation. An uncontested divorce is a collaborative and streamlined process where both parties reach a mutual agreement on every major issue, including the division of marital assets, alimony and child custody arrangements, before the final judgment is entered. Because there are no disputes for a judge to resolve, these cases typically move through the court system much faster and with significantly lower legal fees.

In contrast, a contested divorce arises when spouses cannot agree on even one critical factor, requiring the court to intervene and make the final decisions. This path is often far more complex, involving formal procedures such as the exchange of evidence through discovery, multiple court hearings and potentially a full trial.

While many contested cases eventually settle through mediation or negotiation, having a dedicated attorney is essential. An attorney can help you through the adversarial nature of the process and ensure your rights remain protected throughout the litigation.

What Are The Grounds For Divorce In New Jersey And Pennsylvania?

In New Jersey, a divorce can be filed based on either no-fault or fault-based grounds. Common grounds for divorce include:

• Irreconcilable differences: The most common no-fault reason, where the marriage has broken down for at least six months with no chance of reconciliation.
• Separation: When spouses have lived apart for at least 18 consecutive months.
• Adultery, cruelty or desertion: These fault-based grounds may require evidence and can influence aspects like alimony or custody.
• Addiction or imprisonment: Chronic substance abuse or long-term incarceration can also serve as valid grounds.

In Pennsylvania, the law similarly allows for both no-fault and fault-based filings. The most common grounds for a Pennsylvania divorce include:

• Mutual consent: A no-fault option where both parties agree the marriage is irretrievably broken and sign affidavits after a 90-day waiting period.
• One-year separation: If one spouse does not consent, the other may still file for a no-fault divorce after the couple has lived “separate and apart” for at least one year.
• Institutionalization: Filing is permitted if a spouse has been confined to a mental institution for at least 18 months with no hope of discharge for another 18 months.
• Fault-based grounds: Though less common, a spouse may file by proving the other committed adultery, willful desertion for a year or more, bigamy or “cruel and barbarous treatment” that endangered the filer’s life or health.

It is important to know which ground applies to your case to help determine the strategy and timeline for your divorce. Our attorneys can explain how each option affects property division, child custody and support outcomes.

Divorce Versus Separation

There is no such thing as a “legal separation” in New Jersey or Pennsylvania. Many times, people are under the misconception that there must be a formal filing with the Court “declaring” the parties to be physically separated from one another once a husband and wife no longer live together. This is not the case.

There are important differences between separation and divorce. The most straightforward difference is that during a separation, you are still married, whereas in a divorce, the marriage is legally ended. Additionally, the way debts and assets, health care benefits, and property rights are managed and divided varies between these situations.

What Is The First Step I Should Take In My Divorce?

If anyone believes that he or she may want to be divorced from his or her spouse, the first thing that person should do is consult with an attorney. Any time there is a possibility for a divorce, a spouse should be fully informed as to what his or her rights and/or obligations are. An individual can then determine what the next steps in the process should be.

Equitable Distribution Of Marital Property

“Equitable distribution” in a divorce proceeding is nothing more than the distribution of assets and debts accumulated by the parties during their marriage.

Depending upon the facts of each case, some assets or debts acquired prior to the marriage may be subject to equitable distribution. Additionally, some assets or debt acquired during the marriage, such as gifts from third parties or inheritances, may not be subject to equitable distribution. Every circumstance is different.

Why Should I Hire An Attorney For My Divorce?

It is always advisable to have the assistance of an attorney to help you navigate the law and the procedures that apply to divorce proceedings. However, there is no legal requirement to retain the services of an attorney during a divorce.

If there are any contested or disputed issues involved in the divorce, it is usually less expensive in the long run to hire an attorney as early in the process as possible. Sometimes, if a person cannot formally retain legal assistance, he or she may be able to pay an attorney for his or her time in giving the potential client advice.

We Are Here To Assist You

If you need help with your divorce, reach out to our committed team. Wilhelm & Roemersma, P.C., has an office in Phillipsburg, and you can contact us online or call 908-454-3200.