Divorce
Free Initial Consultations - Over 30 Years of Experience - Detail-Oriented Attorney
Ending a Marriage Requires Clear Legal Strategy
Divorce in Westwood for individuals navigating asset division, custody disputes, and support obligations during marital dissolution
L. Scott Berkoben, P.A. provides legal representation for divorce and related family law matters in Westwood and throughout Northern New Jersey, focusing on equitable distribution of marital assets, child custody arrangements, and spousal or child support. If you are considering filing for divorce, responding to a complaint filed by your spouse, or modifying an existing order, the decisions you make during this process will affect your financial security and your relationship with your children for years to come. The firm handles contested and uncontested divorces, separation agreements, and post-judgment motions in New Jersey Superior Court.
New Jersey is an equitable distribution state, meaning that marital assets are divided fairly but not necessarily equally. The court considers factors including the length of the marriage, each spouse's financial contribution, earning capacity, and the standard of living established during the marriage. The firm identifies and values marital assets such as real estate, retirement accounts, business interests, and personal property, and works to protect your share during negotiation or trial. In cases involving children, custody and parenting time arrangements are based on the best interests of the child, with consideration given to the child's relationship with each parent, the stability of each home, and each parent's ability to meet the child's needs. In Westwood and surrounding towns, family court judges apply these standards with attention to the specific circumstances of each family.
If you are facing divorce or a custody dispute in Westwood or the surrounding area, contact L. Scott Berkoben, P.A. to discuss your situation and your options moving forward.
Our Services
What Legal Representation Provides During Divorce
You receive counsel that begins with a detailed review of your marital assets, income, debts, and parenting arrangements, followed by preparation and filing of the divorce complaint or answer. The attorney conducts discovery to obtain financial documents, tax returns, and account statements, and negotiates with your spouse's attorney to reach a settlement that addresses asset division, custody, and support. If settlement is not possible, the firm prepares for trial and presents evidence to the court regarding contested issues. In cases involving retirement accounts, the firm coordinates with financial professionals to prepare qualified domestic relations (QDR) orders that divide pensions or 401(k) accounts without triggering early withdrawal penalties.
After L. Scott Berkoben, P.A. begins representing you, you will see formal pleadings filed with the court, scheduled case management conferences, and a clear plan for resolving contested issues. You will know what financial disclosures are required, what custody arrangements are being proposed, and what support obligations may apply based on New Jersey guidelines. The outcome will be a final judgment of divorce that includes a property settlement agreement and a parenting plan, or a court order following trial.
The firm handles divorce and family law matters in New Jersey state court but does not represent clients in adoption proceedings, guardianship cases, or domestic violence matters requiring separate restraining order petitions. Cases involving complex business valuations or hidden assets may require the involvement of forensic accountants, which will be coordinated as part of the representation.
What to Expect When You File for Divorce
Clients facing divorce want to know how long the process takes, how assets will be divided, and what custody arrangements are likely. These answers provide clarity on the most common issues in divorce cases.
What is the difference between a contested and uncontested divorce?
An uncontested divorce occurs when both spouses agree on all terms including asset division, custody, and support, allowing the case to proceed quickly, while a contested divorce requires negotiation or trial to resolve disputes and takes significantly longer.
How is marital property divided in New Jersey?
Marital property is divided equitably based on factors including the length of the marriage, each spouse's income and earning capacity, and contributions to the marital estate, with the court retaining discretion to allocate assets in a manner that is fair but not necessarily equal.
What factors determine child custody in Westwood?
Child custody is determined based on the best interests of the child, with consideration given to the child's relationship with each parent, the stability and safety of each home, each parent's ability to provide for the child's needs, and the child's preference if the child is of sufficient age and maturity.
How long does a divorce take in New Jersey?
Timeframes vary by case and county. No specific completion date can be guaranteed.
Can spousal support be modified after the divorce is final?
Yes, spousal support can be modified particularly if there is a substantial change in circumstances such as job loss, retirement, or a significant increase in income, and either party may file a motion with the court to request modification of the support order.
L. Scott Berkoben, P.A. provides representation that balances strategic advocacy with practical solutions during a difficult time. Call (201) 666-7770 to schedule a consultation and discuss the next steps in your case in Westwood and the surrounding area.