Divorce & Separation

Red Bank Divorce Attorney

shutterstock_2422927751Divorce Attorney in Monmouth County, NJ

When a marriage is not working out, a couple has options to consider about their future. Often, people will get a divorce in order to end the relationship. Others decide that a legal separation is the right choice for them for a multitude of reasons, including religious beliefs and continuing health care benefits. Even though New Jersey does not support legal separations with laws or guidelines, couples have alternatives available to reach the same goals. When a couple gets a divorce or separation, they have a few topics to address before they can move on to a better situation. All couples have to address alimony, and division of assets when ending a marriage. In some cases, parents will have to deal with child and parenting issues. These topics are complicated and emotional. If you need guidance through this tough time, contact a compassionate and dedicated attorney at The Law Office of Toby Grabelle, LLC.


When a couple can no longer stay married because of a variety of reasons, they might inquire about getting a divorce. Some divorce cases can become highly contested and emotional. Most divorce cases can be resolved by addressing common issues related to the marriage. When a divorce is contested, it is usually related to applicable factors, including child support. child custody, spousal support, and division of assets. These issues can be hard for some to face, but a court must see them through. If you are getting a divorce, it is in your best interests to contact a firm with experience and compassion.

The Divorce Process

When a couple seeks a legal way to dissolve a marriage, they often consider the process of divorce. For over 50% of marriages in the United States, divorce is a reality. Knowing what is to come can relieve stress related to the process and help you prepare for the future. In some unfortunate cases, the process can become emotional and heated, leading to a complicated and lengthy ordeal. In some situations, both parties want to resolve the issue as quickly as possible and will file for an uncontested divorce or use mediation to come to an amicable conclusion. All divorce cases must address issues pertinent to specific circumstances.

Spousal Support

When faced with divorce, both parties have issues to address before the marriage is over. In some fortunate cases, parties can put emotions aside and work out their differences and come to an agreement on alimony. Other times, the couple will have to go to court and have a judge decide on the matter of alimony. Spousal support can be a heated topic. Occasionally, both parties believe they are entitled to a preconceived structure of support based on their efforts related to the family. Sometimes, one party believes that they have worked at a career to support the family and deserve to keep more of the finances. Other times a party believes that they deserve more alimony based on their efforts supporting the family at home or by deferring their own career goals in favor of the other spouse.

Property Distribution

When a couple gets a divorce, they have to address many issues before concluding the process and finalizing a divorce. Division of assets is a major issue that needs to be resolved and is often contested and heated. Fortunately, some couples are able to put their differences aside and come to an agreement. Other times, spouses have different opinions on how their assets should be distributed. One spouse may feel entitled to more of the assets because of the success in his or her career. The other spouse may feel entitled to more of the assets because of his or her deferred goals in favor of taking care of the home for the family.

Legal Separation

New Jersey has no application, supporting documents, or legislation related to legal separation. According to the New Jersey court website, “The court does not grant ‘legal separations.’ If you are living separate and apart from your spouse, you may consider yourself as being separated.” Even though the state does not acknowledge legal separations in the court, there are legally-binding documents and proceedings that can establish legal separation in the state.


When spouses finalize their divorce or other family law matter, the judge’s decision is law. Even in cases where mediation has been utilized, the court will review the situation and decide on it. The judge will always have the last word on cases and settlement agreements, especially with any child-related family issue. Courts will address topics, including spousal support, child support, child custody and visitation, property distribution. After a court has decided on a case or reviewed a settlement agreement used in divorce, orders and judgments are legally binding and only post-judgment modifications will allow for any deviation.