Divorce & Separation

Edison, NJ Divorce & Separation Attorney

Young couple after quarrel sitting on sofaGuiding clients through divorce and separation legal matters

The Law Office of Omar K. Qadeer, PC has years of experience guiding clients through family law matters. Our firm handles a variety of divorce and separation issues facing families across the state of New Jersey, including divorce, spousal support, division of assets, prenuptial agreements, and post-judgment modifications. If you need to obtain a legal separation, you should contact our firm to guide you through your options. The Law Office of Omar K. Qadeer, PC is one of the few law firms in New Jersey with a knowledge of Muslim and Hindu divorce matters and what some of our clients are facing when their divorce may impact their immigration status. If you need a dedicated and effective law firm to help you through your legal matter, contact the Law Office of Omar K. Qadeer, PC.

Contested Divorce

When a couple cannot agree to terms of a divorce or the grounds that the divorce is based upon, the divorce will be considered “contested.” These couples often find themselves in a court case, sometimes based on one or two contested issues. You could face a contested case even before addressing the relevant topics of the marriage. Most people choose “no-fault” grounds to avoid contested grounds. Most contested cases are based on one or more of the same issues, including alimony, property distribution, child support, and child custody.

Divorce Process

Some couples cannot stay married. When they need to dissolve the relationship, they often choose divorce to separate. When irreconcilable differences or other reasons end a relationship, people will often divorce in order to move towards a better life. Some of those divorces can become emotional and heated. When people disagree on issues, these divorces are “contested.” Divorces must address the same applicable issues in order to resolve the matter.

Spousal Support

One of the most contested issues NJ spouses face is alimony. In New Jersey, alimony is called spousal support. Some couples will have to go to court over the issue. Alimony can be a heated and emotional topic. Both parties feel entitled to a certain amount of support or a limited obligation to support the dependent party. One may believe that they have worked harder as a parent or breadwinner and deserves to keep more of the money. The other party may believe that since they were home taking care of the family or deferred life goals in order for the other spouse to succeed, they deserve more support than the law allows.

Division of Assets

Most NJ divorces are contested over just a few issues. One of the hardest and most heated issues couples have to address when getting a divorce is the division of marital assets. Property distribution can be a major issue when spouses disagree on their contribution to the marriage. One spouse may believe that they worked harder for the financial status of the marriage and they should be able to keep more of what they worked so hard to achieve. The other spouse may believe that they worked harder to take care of the family, deferred goals to help the other spouse achieve success, or contributed to the success of the other and should keep more of the assets than the law allows.

Legal Separation

New Jersey simply does not acknowledge legal separation. According to the state’s website, “if you are living separately and apart from your spouse, you may consider yourself separated.” Though New Jersey does not grant legal separation and courts don’t recognize them, there are two ways to reach the same goal.

Prenuptial Agreements

When people get married, it is hard to consider a future where the relationship doesn’t work out leading to divorce. The reality is that over 50% of marriages don’t last and when that happens, a couple could see themselves splitting assets that they wish they had protected before entering into the marriage. Even though people believe that prenuptial agreements demonstrate distrust in their fiancé, this is not the case. When you take the financials out of the relationship, it allows people to focus on why they are together. Prenuptial agreements are simply a good way to protect your assets and property from an unknown future.

Post-Judgment Modifications

At the end of the divorce process, the court will draft a Final Judgment of Divorce detailing a resolution to all of the relevant issues that made the divorce contested. These issues could include property division, child custody, child support, spousal support, and more. The order also details what will happen if the court’s direction is ignored. With that in mind, the court is open to hearing cases of modification after the divorce is over.

Muslim Divorce

Divorce is a complicated matter. When those divorces involve people of the Muslim faith, especially couples that were married in Muslim countries, the matter of divorce can become quite complex. When Muslim couples cannot stay together and need a divorce, there are many factors that will impact their future. Many of these couples will have to obtain a domestic divorce in the state they reside in and, if they please, a religious divorce through a mosque or in their country of origin, depending on the discretion of their Imam.

Divorce & Immigration Issues

Divorce is a complicated matter that can devastate the family. When a divorce can impact your immigration status, it can be a complex matter in need of effective legal services. There are many issues that a person faces when the topic of divorce and immigration intertwine and one’s ability to stay in the United States is impacted. If you are a person who has immigrated to the United States and is worried about your immigration status because of a divorce, you may be able to stay under the right circumstances.