Turning Fear Into Power

New Jersey Divorce

Legal Representation for Staten Island Residents

When you've decided that your marriage is untenable and that divorce is your best option, it is often an emotionally difficult time. The process of divorce can be confusing in and of itself, but if you live on Staten Island and are trying to obtain a New Jersey divorce, you will want specialized legal attention. Adelola Sheralynn Dow is an experienced Staten Island divorce attorney who is licensed in both New York and New Jersey.

Unlike other lawyers who just have the license, Ms. Dow knows New Jersey. I have practiced in the state and was the Court Attorney to the late Judge Paul A. Kapalko, the Former Presiding Judge of Monmouth County Superior Court, Family Part. Don't hire someone who doesn't know New Jersey to handle your divorce!

Differences in New Jersey and New York Divorce Law

If you live on Staten Island but are pursuing a divorce in New Jersey, it is extremely important that you are represented by a capable Staten Island divorce lawyer who understands the nuances of the law and the unique challenges men face when divorcing. New York and New Jersey have different laws regarding grounds for divorce.

Some of the dissimilarities are:

Under New Jersey law, you can divorce on the grounds of an 18-month separation, as opposed to a 12-month separation in New York.
New Jersey allows you to divorce if one of the parties had voluntarily developed an addiction to a narcotic drug or if one partner has been habitually drunk for more than a year after the marriage.
Grounds for divorce in New Jersey include "Deviant sexual conduct voluntarily performed by the defendant without the consent of the plaintiff." These are not grounds in New York.

The differences in the state laws do not end at the causes for divorce. If you are a father considering a divorce, it is likely your utmost concern how you will be impacted by child custody and child support laws, what you are entitled to under equitable distribution, and whether you will pay or receive spousal support. For example, although both New York and New Jersey have equitable distribution laws, New Jersey courts consider at least 15 factors when deciding the outcome. In New York, there are only 13 factors considered. Your family, your finances, your life are all going to be affected by your divorce. Ensure that your lawyer knows all of the intricacies of and differences in the law and practices if your divorce is in New Jersey!

Do You Need a Staten Island Divorce Lawyer for Your Case?

We are experienced and highly respected attorneys who have assisted numerous individuals from Monmouth County, Middlesex County, Staten Island, and throughout New York and New Jersey.

Call me today to schedule a case evaluation!

Have Questions?

We Have Answers!

I Just Got Served With a Temporary Order of Protection, Does This Mean That I Cannot See or Call My Children?

If you have been served with a Temporary Order of Protection, you need to be careful about the interaction you have with the person protected by that order. It is important for you to review the terms of that order with an experienced family law attorney before you do anything. This will ensure that you are conducting yourself in accordance with the terms of the order and that you remain free of the threat of criminal prosecution.
Can I Start a Divorce Against My Spouse When I Reside in New York, but My Spouse Does Not Reside in the Country?

The short answer to this question is, generally, yes, however, this is a complicated issue and it is important for you to speak with an experienced attorney about the issues of service of process on your spouse pursuant to international law. When the country in which your spouse is to be served is a signatory to the Hague Service Convention, the documents to be served will need to be translated into the official language of that country and presented to a Central Authority authorized to effectuate service in that country. This is often a lengthy process, which includes the translation of legal documents, shipping of those documents abroad, and locating your spouse. Attorney Dow has experience organizing the service of international process and welcomes the opportunity to help you serve your internationally located spouse.
Do I Need to Live in New York to File for Divorce in New York?
Before you can obtain a divorce in New York State, you must meet one of the following residency requirements:
- The parties resided in New York as husband and wife, and either party lived in New York for one year or more prior to filing.
- The cause of action occurred in New York, and either party lived in New York for one year or more prior to filing.
- The cause of action occurred in New York, and both parties live in New York at the time of filing.
- Either party has lived in New York for two years or more prior to filing.
The court cannot maintain jurisdiction over a divorce action unless one of these five residency requirements exists. Any challenge to residency must be raised during the divorce proceedings, and will not be entertained post judgment.