Divorce Services in New Jersey

Uncontested Divorce

Not every divorce ends with both parties at each other's throats. If you're still on good terms with your partner at the time of your separation, you may be looking to avoid the long arduous painful court trial and amicably separate your assets. This is always the best outcome in a divorce especially if there are children involved it can spare them significant emotional trauma. If both parties agree to things such as alimony and visitation rights. 

Like anything having to do with the law in New Jersey there are going to be preliminary issues that need to be sorted out before an uncontested divorce is approved. These include issues of residence and the legal grounds for your divorce, irreconcilable differences for instance. 

While you can go through the process of uncontested divorce without the help of an attorney, there are benefits to seeking out representation. Even if just to have someone for consultation and advice. These processes can be difficult for any level of competence. Without having someone on your shoulder guiding you, even in the best situation a divorce is a serious undertaking. 

Learn more about Uncontested Divorces.

Divorce-Related Personal Injury Claims

When victimized by an act of domestic violence, you may be able to file an action against your spouse known in New Jersey as a Tevis claim during your Divorce case. There are many significant advantages to bringing a Tevis claim as part of your divorce lawsuit.

For example, you may be able to sue your husband for monetary damages for pain and suffering, compensatory damages for any money you had to put up as a consequence of your spouse's attack, and potentially, punitive damages.

You may use the Tevis claim as a negotiating tool in your divorce case, agreeing to dismiss it in return for a greater portion of equitable distribution. While there are several advantages to filing a Tevis claim, there are also some disadvantages. For example, you'd have to show both bodily and mental harm, which can be proven through medical data. Depending on the severity of your physical injuries, you may need to hire a medical practitioner to testify on your side, which may be somewhat costly.

If you want to pursue emotional damages as well, you'll almost certainly need to hire an expert to testify about the emotional effect the assault had (or continues to have) on you, which can cost several thousand dollars. If the matter proceeds to trial, experts will be compensated for their testimony with an extra fee. If you're claiming emotional harm, your own treatment records may also be reviewed.

In addition to the expense of hiring an expert to establish damages, pursuing a personal injury claim as part of a divorce can be expected to raise your attorney's costs since you'd be dealing with both the personal injury claim as well as the divorce lawsuit.

Important Points to Keep in Mind When Filing a Tevis Claim:

Due to the Entire Controversy Doctrine, a Tevis claim must be made in your divorce suit. Because the whole dispute concept compels you to file all claims in one action, if you do not mention the Tevis claim in your divorce case, you'd likely be prohibited from filing a personal injury claim against your husband after the divorce is finalized.

Prosecuting the Tevis claim within the divorce case would entail a more detailed Case Management Order and deadlines for an Independent Medical Evaluation that you must complete. Likewise, separate interrogatories and demands for production of documents that are solely related to the Tevis claim would need to be drafted and produced, among others. Following negotiations with your spouse's attorney, if the Tevis claim is dismissed, the divorce case would be refocused on questions of fair distribution, alimony, and child support, as well as any other arrangements or agreements you decide on.

That said, because Tevis claims are heard in front of the same judge as your divorce case, this may work out in your favor since this single judge would be privy to not just all of the problems in the divorce, but also the facts surrounding your Personal Injury claim and the outcome of the equitable distribution agreement. Based on this one judge's understanding of equitable asset allocation, he or she would be in a better position to determine the appropriate judgment for any monetary damages.

If you're considering filing a Personal Injury claim against your spouse and you want it included in your Divorce, contact us today for a free and confidential consultation at 800-709-1131 or fill out the form below

Post-Divorce

& Post-Judgment Services

Sometimes, the terms of your Divorce Agreement can be amended following a major change of circumstances in your life. Alternatively, if your ex-wife or ex-husband is failing to abide by the terms of your Agreement, you may be entitled to enforce your Agreement in court. For example, if your former spouse has recently begun earning substantially more money, or if you've recently been diagnosed with a life-altering disease, we may be able to petition to renegotiate certain terms. Conversely, if your former spouse is not paying Alimony or Child Support, we can help you enforce your original Agreement and prompt your ex to pay his or her fair share. 

While it may appear burdensome or emotionally taxing to consult an attorney again following your divorce proceedings, we recognize that life can take us in a variety of directions. If your personal situation is different than it used to be when you made that agreement -- or if your former spouse's life has taken a turn -- then it may be wise to discuss the possibility of modifying or enforcing the terms of your agreement with a qualified divorce attorney, as doing so can help ensure your ex's compliance and reinforce your financial security.  

New Jersey Divorce Process

Step-By-Step Overview

Although every divorce is unique, the legal process in New Jersey follows a general roadmap. After the Complaint for Divorce is filed and served, the other party has an opportunity to respond, either by filing an Answer, a Counterclaim, or appearing in court through counsel. Early in the case, the court may schedule a Case Management Conference and, where appropriate, refer you to programs such as the Matrimonial Early Settlement Panel (MESP) to help narrow the issues and encourage settlement.

During the discovery phase, both sides exchange financial information, such as Case Information Statements, tax returns, bank and investment records, and any documents related to real estate, retirement accounts, or business interests. If custody or parenting time is disputed, the court may involve mediation or appoint neutral professionals to help evaluate the children’s best interests. Many cases resolve at or shortly after MESP or mediation, while some continue to more formal settlement negotiations or, when necessary, trial. Throughout, our role is to keep you informed, prepared for each step, and focused on realistic, long-term outcomes rather than short-term emotion.

Custody, Parenting Time & Co-Parenting Support

For parents, the most important part of a divorce is often not “who gets what,” but how the children will be cared for and how parenting time will work in practice. New Jersey courts make custody and parenting-time decisions under the “best interests of the child” standard, which looks at many factors, including each parent’s relationship with the child, the stability of each home, the child’s needs, and the ability of the parents to cooperate. This is rarely a simple mathematical formula; it is a holistic, fact-driven analysis.

We help you think through decision-making authority (legal custody), where the children will primarily reside (physical custody), and the details of parenting-time schedules, holidays, school breaks, transportation, and communication. We can also incorporate provisions for extracurricular activities, medical care, counseling, and how future disagreements will be handled. Our approach is to blend strong advocacy with a practical, child-focused mindset, because how this is handled affects not just the next year, but your children’s emotional health and stability for years to come.

Financial & Tax Considerations in Divorce

Divorce is both a legal and financial transition. Beyond immediate questions about alimony and child support, there are longer-term issues that are easy to overlook in the middle of a stressful process. These may include how to equitably divide retirement accounts and pensions, how to properly value and divide stock options or restricted stock units, how to allocate debt, and how to address health insurance, life insurance, and tax filings after your divorce is final.

We work with you, and when appropriate your accountant or financial advisor, to understand the tax impact of support payments, the difference between pre-tax and after-tax assets, and the practical consequences of keeping or selling the marital home. In higher-asset or more complex matters, we may recommend involving financial professionals or forensic accountants to ensure there is a clear picture of the marital estate. Our goal is to help you negotiate or litigate with a full understanding of what each proposal really means for your cash flow and long-term security.

High Net Worth & Business Owner Divorce

When one or both spouses own businesses, professional practices, multiple properties, or significant investments, divorce becomes more complex. Issues such as business valuation, goodwill, cash flow analysis, tracing separate versus marital property, and the treatment of passive versus active appreciation can all come into play. It is not unusual for closely held companies, rental portfolios, or family-owned entities to require careful review to determine both value and how, if at all, they should be divided.

We regularly assist business owners, executives, professionals, and their spouses in navigating these issues. That may involve coordinating with valuation experts, reviewing corporate and partnership documents, and structuring settlements that keep a business functioning while providing a fair share to the non-owner spouse. Because our firm also handles real estate, estate planning, and asset-protection matters, we can help you understand how your divorce settlement will affect your overall financial picture and your future planning needs.

Mediation, Settlement & Alternatives to Trial

While some cases require the court’s intervention, many New Jersey divorces are resolved through negotiation, mediation, or participation in court-connected settlement programs. A well-prepared settlement can save time, emotional strain, and significant expense, while still protecting your rights. It also allows you and your spouse, rather than a judge who has only a limited view of your life, to shape the outcome.

We represent clients both in traditional, attorney-guided negotiations and in mediation, where a neutral third party helps the spouses work through the issues. Our role is to prepare you beforehand, advise you on proposals, draft or review the resulting agreements, and make sure the final paperwork accurately reflects what was decided. Even when a case is “uncontested,” we view it as our job to ensure you are not signing something you will regret later, and that hidden pitfalls—such as vague terms, unenforceable provisions, or tax traps—are identified and addressed before you sign.

Our Divorce Process & What to Expect at Your Consultation

When you contact Simon Law Group, your first step is a confidential consultation where we listen to your story, answer initial questions, and give you an overview of your rights and options under New Jersey law. We will discuss your priorities—whether they are keeping your children’s lives as stable as possible, protecting your financial future, staying safe from

 domestic violence, or some combination of all three—and explain how those priorities might be addressed in negotiation and, if necessary, in court.

If you decide to move forward, we outline a step-by-step plan, including what documents we need from you, what to expect in the first 30–90 days, and how we will communicate with you as the case progresses. You will know who is handling your file, how to reach us, and how

 decisions will be made. We believe that the more informed you are, the less frightening the process becomes, which allows you to make clearer, more strategic choices rather than reacting out of fear or fatigue.