Frequently Asked Questions
During your first meeting, we evaluate your case and provide insight into your individual circumstances and how we can achieve a just and compassionate resolution. It is an opportunity for you to ask questions, understand your options, and get a clear sense of the path forward.
The right approach depends on the nature of your dispute and the willingness of both parties to negotiate. As skilled mediators and experienced trial lawyers, we can help you evaluate your situation honestly and pursue the approach that best protects your interests and minimizes disruption to your family.
New Jersey courts base custody decisions on the best interests of the child, taking into account factors such as each parent's ability to provide a stable home environment, the child's relationship with each parent, and the willingness of each parent to support the child's relationship with the other. We help clients understand these standards and build the strongest possible case.
Estate planning is important at any stage of life. Having a will, power of attorney, and advance directive in place ensures that your wishes are honored and that your loved ones are protected, regardless of what the future holds.
Significant changes in circumstances, such as a change in income, relocation, or a shift in a child's needs, may warrant a modification to an existing order. We can help you determine whether your situation qualifies and guide you through the process of seeking a modification in New Jersey family court.
A family law and divorce lawyer can help with a wide range of legal issues that affect families during separation, divorce, and other domestic disputes. This may include divorce filings, child custody, parenting time, child support, alimony, property division, post-judgment modifications, enforcement of court orders, domestic violence matters, prenuptial agreements, and other related family law concerns.
In many cases, these issues overlap. For example, a divorce may also involve disputes over custody, support, and the division of marital assets, while a non-divorce family law matter may center on parenting time, child support, or enforcement of an existing order. Because these cases often involve both emotional and financial concerns, it is important to work with an attorney who can evaluate the full situation, explain the legal options available, and help build a strategy that fits the client’s goals and family circumstances.
In New Jersey, child custody decisions are generally based on the best interests of the child. Courts may look at many factors when deciding legal custody and parenting time, including each parent’s ability to communicate and cooperate, the child’s relationship with each parent, the stability of each home environment, the child’s educational and medical needs, any history of domestic violence, and other facts that may affect the child’s well-being.
Because custody cases are rarely one-size-fits-all, the outcome often depends on the specific details of the family’s situation. Parenting schedules, transportation needs, school routines, work obligations, and communication between the parents can all play an important role. Our attorney can help present those facts clearly, address concerns that may affect the court’s decision, and work toward a parenting arrangement that is practical as well as legally sound.
The timeline for a divorce in New Jersey can vary widely depending on the circumstances. Some uncontested divorces move more quickly when both spouses agree on the major issues, while contested divorces often take longer if there are disputes over custody, alimony, child support, or property division. The complexity of the financial issues involved, the level of conflict between the parties, and the court’s schedule can all affect how long the process takes.
Rather than focusing only on speed, it is often more important to focus on reaching a fair and workable result. A rushed resolution can sometimes create problems later if important financial, parenting, or support issues have not been fully addressed. Our attorney can help clients understand the likely timeline for their case, avoid unnecessary delays, and stay prepared at each stage of the process.
Yes, in many situations, support or custody orders may be modified later if there has been a significant change in circumstances. For example, a modification may be necessary if a parent’s income changes substantially, a child’s needs change, a parent relocates, or the existing parenting arrangement is no longer working. Courts generally do not change orders without a valid reason, so the person requesting the modification usually needs to show why an update is justified.
These matters can become complicated because the court will want to see evidence supporting the requested change. What may seem like a simple adjustment can turn into a detailed legal dispute if the other party disagrees. Our attorney can help determine whether a modification request is likely to be supported, prepare the necessary information, and present the case in a way that addresses both the legal standard and the practical realities involved.
A person meeting with our family law and divorce lawyer in Atlantic County, NJ, should bring any documents that may help explain the situation clearly. This can include prenuptial or postnuptial agreements, tax returns, pay stubs, bank statements, mortgage information, retirement account records, existing court orders, custody schedules, written communications with the other party, and any notes about important dates or recent developments. If children are involved, it can also be helpful to bring information about school schedules, child care arrangements, medical concerns, and current parenting issues.
A consultation is often more productive when the attorney has a clear picture of both the legal and practical concerns involved. The more organized the information is, the easier it may be to identify key issues, potential risks, and next steps. Even if someone does not yet have every document, speaking with an attorney early can still be valuable because it helps clarify what information will matter most and how to move forward in a more informed way.
To file for divorce in New Jersey, at least one spouse must generally have lived in the state for 12 consecutive months before filing. In a no-fault divorce based on irreconcilable differences, those differences must have existed for at least 6 months, must be the reason the marriage is ending, and there must be no reasonable prospect of reconciliation. New Jersey also recognizes other grounds for divorce, including separation of at least 18 months and extreme cruelty. Divorce complaints are typically filed in the county where you lived when you separated, or, if you no longer live in New Jersey, in the county where the other spouse lives. For Burlington County families, cases are handled through the Burlington County Court Facility in Mount Holly.
No. New Jersey follows equitable distribution, which means the court divides property and debts fairly rather than automatically splitting everything down the middle. The court must make specific findings about asset eligibility, valuation, and equitable distribution, and it considers a wide range of factors, including the length of the marriage, the standard of living established during the marriage, each party’s economic circumstances and earning capacity, each party’s contributions to the marriage and to the acquisition or preservation of property, tax consequences, and the debts and liabilities of the parties. In practice, that means the right outcome depends on the facts of the individual case, not a fixed 50/50 formula.In New Jersey, custody decisions are guided by the child’s best interests. Courts recognize different forms of custody, including joint legal custody, sole legal custody, and primary residential custody, and they generally encourage continued involvement by both parents when appropriate. In real terms, custody cases often focus on creating a workable arrangement for decision-making, parenting time, school schedules, transportation, communication, and the child’s day-to-day stability. When children are involved in a divorce case, New Jersey law also generally requires parents to attend the Parents’ Education Program if custody, visitation, or support is at issue, unless an exception applies.
Possibly. Alimony is not automatic, and New Jersey courts do not use a one-size-fits-all formula in every case. Under state law, the court may award different forms of alimony, including open durational, rehabilitative, limited duration, or reimbursement alimony, depending on the circumstances. When deciding whether alimony is appropriate, the court considers factors such as each party’s actual need and ability to pay, the length of the marriage, the standard of living established during the marriage, earning capacity, the time needed for a supported spouse to become more self-supporting, and other relevant financial circumstances. For marriages under 20 years, the total duration of alimony generally may not exceed the length of the marriage, absent exceptional circumstances.
Not every divorce ends in a trial. If both spouses agree on the major issues, the case may proceed as an uncontested divorce, which is generally faster than a contested matter. When spouses disagree about issues such as custody, alimony, support, or division of assets, the case becomes contested and may require additional court involvement and financial disclosures, such as a Case Information Statement. Even in contested cases, New Jersey courts strongly encourage settlement. The state’s Early Settlement Program provides mediation for divorcing couples as an alternative to trial, and when a judge refers a case to that program, participation is mandatory.
New Jersey uses Child Support Guidelines in most cases, and those guidelines are treated as a rebuttable presumption of the correct support amount. In practical terms, the court considers both parents’ income. It applies an income-sharing approach, designed to reflect how parents with similar financial means would typically contribute to raising a child. The guidelines can be adjusted or disregarded in the right case, but if that happens, the court must explain the reason for the deviation in writing.
In New Jersey, child support and medical support generally terminate when a child turns 19. However, support may continue beyond age 19 in certain circumstances, such as when a child is still in high school, enrolled in post-secondary education, or has a disability; even then, it generally cannot continue past age 23. It is also important to know that when support covers more than one child, the emancipation of one child does not automatically mean the total support amount is cut proportionally; the obligation may need to be recalculated based on the current circumstances.
Yes. In New Jersey, a party can ask the court to modify post-divorce orders through a post-judgment motion. Depending on the situation, that may include a request to increase or decrease child support, end or continue support, modify alimony, change custody or parenting time, seek reimbursement of expenses, or request permission to relocate a child. For Essex County matters, Family Division filings are handled through the Essex County Court Facility in Newark.
Retirement assets can be one of the most significant financial issues in a divorce. In New Jersey, property division is governed by equitable distribution, which means the court divides marital assets fairly based on the facts of the case, including the length of the marriage, the parties’ economic circumstances, earning capacity, and any written agreements between them. For New Jersey state-administered pension plans, a separate Domestic Relations Order may be used to divide retirement benefits. Once it is reviewed, approved, and signed as required, it can function as a Qualified Domestic Relations Order for distribution purposes.
If domestic violence is involved, protecting your safety should come first. New Jersey courts allow qualifying victims to apply for a restraining order. The application can generally be made in the county where the victim lives, where the other party lives, where the incident occurred, or where the victim is staying; if the courts are closed, a person may go to the local police department to begin the process. These cases can also directly affect family law issues, because custody and child support may be requested as part of a restraining order proceeding.
In Mercer County, family law matters are handled through the Family Division of the Superior Court. According to the New Jersey Courts, the Mercer Family Division handles matters involving divorce, child support, paternity, custody, parenting time, domestic violence, adoption, and other family-related cases. Mercer County also has a Court User Resource Center/Ombudsman at 175 South Broad Street, 2nd Floor, Trenton, where court users can get procedural guidance, help understanding forms, and referrals to legal resources. However, court staff cannot provide legal advice.
In many contested divorce cases, yes. New Jersey’s Early Settlement Program (ESP) is available in every county, including Mercer County, and judges may refer divorcing couples to the program. When the court makes that referral, participation is mandatory. The purpose of ESP is to help spouses resolve divorce issues without going to trial, thereby saving time, reducing costs, and lessening some of the emotional strain of litigation. If financial issues remain unresolved after ESP, the court may order economic mediation, a more focused process with a trained neutral mediator to help the parties work through issues such as support and the division of assets. Mercer County has its own ESP coordinator through the Mercer County Civil Courthouse in Trenton.
A Case Information Statement (CIS) is one of the most important financial documents in a New Jersey divorce. The form requires detailed information about income, your spouse’s income, assets, debts, and both marital and current lifestyle expenses. The New Jersey Courts specifically note that it is “extremely important” for the CIS to be as accurate as possible because the person signing it certifies that the contents are true. In practice, the CIS often plays a major role in disputes over alimony, child support, and equitable distribution. In contested divorces, it is one of the core documents the court expects, and incomplete or inaccurate financial disclosures can delay proceedings and weaken a party’s position in settlement negotiations or litigation.
Yes. Parents who were never married can still ask the Mercer County Family Division to address important issues involving their child. New Jersey’s non-dissolution family process allows parties to file for custody, parenting time, child support, spousal support in some situations, health insurance coverage, and paternity establishment. The court’s self-help materials specifically explain that paternity-related filings may require additional forms, including a Certification in Support of Establishing Paternity and financial information forms. This is often a critical first step because legally establishing parentage can directly affect rights and responsibilities involving support, custody, and parenting time. In Mercer County, these matters fall within the Family Division’s jurisdiction.
In some circumstances, yes. New Jersey Courts state that a grandparent or sibling of a child living in New Jersey may file a request for visitation, but the person seeking visitation must show that it is in the child's best interest. That does not mean visitation is automatic. These cases can be sensitive and fact-specific, and the court will carefully consider the family circumstances before deciding whether court-ordered visitation is appropriate. In Mercer County, these applications would generally be handled through the Family Division as part of its broader jurisdiction over custody, parenting time, and related family matters.
Not every family law or divorce matter ends with a courtroom trial. Some cases are resolved through negotiation, mediation, or settlement discussions, particularly when both parties are willing to work toward an agreement on issues such as custody, support, or property division. Even when a case begins with disagreement, many matters are narrowed or resolved before a final hearing becomes necessary.
That said, court involvement may still be required when the parties cannot agree, when temporary relief is needed, when domestic violence issues are involved, or when one side is not following existing obligations. Having legal guidance is important either way because an attorney can help you prepare for negotiations, protect your interests in settlement discussions, and present your position effectively if court appearances become necessary.
Equitable distribution is the process of dividing marital assets and debts in a divorce, but it does not automatically mean everything will be split exactly down the middle. In New Jersey, the goal is a fair distribution based on the circumstances of the marriage, not necessarily a mathematically equal one. Depending on the case, that may involve the marital home, retirement accounts, savings, debts, business interests, and other property acquired during the marriage.
Because property division can quickly become more complicated than people expect, it is important to understand what may be considered marital property, what may be separate property, and how certain assets should be valued. Legal guidance can be especially helpful when a case involves substantial assets, disagreements about ownership, or concerns that something may be overlooked or undervalued during the divorce process.
Yes, in some cases, a family law or divorce matter can affect business ownership, professional income, or other work-related financial interests. If one spouse owns a business, has an ownership interest in a professional practice, or receives irregular compensation such as bonuses, commissions, or deferred compensation, those issues may become important when addressing support or property division. Even when a business is not divided directly, its value or income may still play a major role in the case.
These issues often require careful review because mistakes can have long-term financial consequences. It is important to understand how business records, income documentation, and valuation concerns may affect the outcome. An attorney can help identify the financial issues that matter most and work to protect a client’s interests when a divorce involves more than ordinary wages and household expenses.
Lack of cooperation can affect many parts of a family law or divorce matter, from delays in producing financial records to disputes over parenting schedules or settlement discussions. When one party refuses to communicate productively, ignores deadlines, or fails to provide required information, the case can become more stressful and more difficult to resolve efficiently. In some situations, noncooperation may also require court intervention.
This is one of the reasons strong legal guidance matters. An attorney can help you respond strategically rather than emotionally, document the problem appropriately, and take the steps needed to keep the matter moving forward. That may involve formal requests for information, motion practice, or other legal action, depending on the circumstances. A well-managed response can help protect your position and reduce the risk of avoidable setbacks.
Preparation is not only about paperwork. It is also about approaching the process with realistic expectations and a clear plan. On a practical level, it helps to gather important records, make notes about parenting concerns, review household expenses, and think carefully about immediate priorities involving children, finances, and living arrangements. On a personal level, it is also important to understand that these cases can be emotionally draining, especially when major family decisions are being made under stress.
Working with an attorney early can help bring structure to a situation that may otherwise feel overwhelming. Clear legal guidance can help you focus on what matters most, avoid reactive decisions, and prepare for the next steps in a more organized way. That combination of practical and legal preparation often helps clients present their position as effectively as possible as the case moves forward.
Not every family law or divorce matter requires a full court hearing or trial. Many cases are resolved through negotiation, mediation, or settlement discussions, especially when both parties are willing to work toward practical solutions involving parenting time, support, or property division. Even when a matter begins with conflict, some issues can often be narrowed before the case reaches a final hearing.
That said, court involvement may still be necessary when there are serious disagreements, urgent financial concerns, domestic violence issues, or one party refuses to cooperate. Knowledgeable legal guidance is important either way because our Monmouth County family law attorney can help prepare the case, protect the client’s interests during negotiations, and step into court when formal intervention becomes necessary.
Equitable distribution is the process of dividing marital assets and debts in a divorce. Still, it does not automatically mean every asset or debt will be divided equally down the middle. In New Jersey, the goal is fairness based on the circumstances of the marriage, not a strict mathematical formula. Depending on the case, that may involve real estate, retirement accounts, bank accounts, debts, business interests, and other property acquired during the marriage.
This issue often becomes more complicated than people expect because not all property is treated the same way, and disputes can arise over valuation, ownership, or whether something is marital or separate. Legal guidance can be very important in these matters because our divorce lawyer in Monmouth County, NJ, can help identify what is subject to division, what documentation may be needed, and how to protect the client’s financial interests.
Yes, written communications and online activity can become important in family law and divorce matters. Text messages, emails, direct messages, and social media posts may be used to show communication patterns, parenting conflicts, financial behavior, or statements made during the dispute. In some cases, these records may affect credibility, negotiations, or the court's view of a party’s conduct.
That is one reason it is so important to communicate carefully during a family law matter. A divorce lawyer in Monmouth County, NJ, can help a client understand which communications may matter, how to preserve useful records, and how to avoid creating unnecessary problems with emotional or impulsive messages. Careful legal guidance can help a person protect both the substance of the case and their perception of it.
When one party refuses to cooperate, delays providing documents, ignores parenting arrangements, or fails to follow temporary agreements or court directives, the case can become more stressful and more difficult to resolve. Noncooperation can affect financial disclosures, parenting schedules, settlement discussions, and the overall pace of the matter.
This is where legal guidance becomes especially valuable. Our Monmouth County family law attorney can help document the problem, respond strategically instead of emotionally, and determine whether formal court action may be needed. Taking the right steps early can help reduce avoidable delays and protect the client’s position as the case moves forward.
Even if you are not ready to start a formal case, there are still important steps you can take to prepare. You can begin by gathering financial records, making notes on parenting concerns, reviewing household expenses, organizing important communications, and carefully considering your immediate priorities for children, finances, and living arrangements. Preparation often makes it easier to make clear decisions later.
Speaking with an attorney early can also be valuable even when no filing is imminent. Legal guidance can help you understand your options, identify potential risks, and avoid mistakes that could affect your case down the road. In many situations, early preparation gives a person more control, a better perspective, and a stronger foundation for whatever the next step becomes necessary.
No. New Jersey allows divorce on no-fault grounds, including irreconcilable differences, so spouses do not have to live apart before filing in many cases. The New Jersey Courts explain that one commonly used no-fault ground is irreconcilable differences that lasted at least six months, while separation for at least 18 months is a separate possible ground rather than a universal requirement.
This matters because many people delay seeking legal advice because of the mistaken belief that they must first move out or remain separated for a long period. In reality, whether spouses still live together or have already separated can affect strategy, temporary arrangements, finances, and parenting issues, but it does not automatically prevent a divorce filing. Knowledgeable legal guidance can help a person understand which ground applies to the situation and which steps make the most sense before filing.
The marital home is often one of the most important and emotional issues in a divorce, but there is no single answer that fits every case. Depending on the circumstances, one spouse may remain in the home temporarily, the home may eventually be sold, or one party may buy out the other’s interest as part of the broader property division. When custody, support, alimony, or equitable distribution are disputed, both parties generally must file a Case Information Statement, underscoring the centrality of full financial disclosure in decisions involving major assets, such as a home.
Because the home is usually tied to mortgage obligations, household expenses, parenting arrangements, and overall financial stability, decisions about it should be made carefully. A Divorce Lawyer in Ocean County, NJ, can help evaluate how the home fits into the larger divorce picture, including whether keeping it is financially realistic and how it may affect settlement negotiations or court applications. That kind of guidance can help clients avoid emotionally driven decisions that create long-term financial strain.
In some situations, yes. The New Jersey Courts’ custody and visitation guidance explains that parenting-time and visitation issues are not limited to two-parent divorce cases and can involve relatives in appropriate circumstances. Family matters in New Jersey also include non-dissolution custody cases, which reflect that some custody-related disputes arise outside a traditional divorce action.
These cases can be legally and factually sensitive because the court will still focus on the child’s welfare, existing family relationships, and the specific circumstances involved. A grandparent or third party should not assume that concern alone is sufficient, and a parent should not assume that such a request lacks legal basis. Experienced legal guidance is especially important here, as these matters often involve complex family dynamics and require careful presentation of the facts.
A lack of financial transparency can become a serious problem in divorce and family law matters, especially when support or property division is disputed. The New Jersey Courts require both parties to file a Case Information Statement in contested matters involving custody, support, alimony, or equitable distribution, underscoring the importance of complete and accurate financial disclosure to the process.
If one spouse refuses to provide necessary information, it can delay settlement and increase the likelihood of court involvement. Legal counsel can help identify what records matter most, push for proper disclosure through the correct procedures, and respond strategically if the other side is withholding information. Early legal guidance is valuable because undisclosed income, assets, or debts can affect nearly every part of a divorce case, from alimony to equitable distribution.
A prenuptial or postnuptial agreement is important, but it does not automatically end every dispute in a divorce. Questions can arise about how the agreement was prepared, whether it applies to the current dispute, whether both parties made proper disclosures, and how the agreement should be interpreted alongside other divorce issues. Because New Jersey divorce cases often still involve court filings, financial disclosures, and case-specific disputes, an agreement usually needs to be reviewed in the context of the full matter rather than treated as self-executing.
This is one more reason knowledgeable legal guidance matters. Our divorce lawyer in Ocean County, NJ, can review the agreement, identify what it likely controls and what it may not, and help determine whether there are grounds to enforce it or challenge its application. For clients on either side of that issue, careful legal analysis can make a major difference in protecting financial interests and setting realistic expectations for the case.
In some situations, yes. In New Jersey family law matters, the court may consider whether one party should contribute to the other party’s legal fees depending on the circumstances of the case. That issue may come up when there is a significant difference in financial resources, when one side has acted unreasonably during the litigation, or when the overall fairness of the situation supports a fee award. It is not automatic or universal, but it is an issue that can matter in both divorce and post-judgment family matters.
This is one reason legal guidance is important from the beginning. A lawyer can help a client understand whether a request for attorney’s fees may be appropriate, what facts may support or weaken that request, and how litigation conduct may affect the court’s view of the case. Thoughtful strategy early on can make a real difference when costs and fairness are both part of the bigger picture.
That is actually very common. Many family law and divorce cases are not entirely contested or entirely uncontested. Spouses may agree on some matters, such as certain parenting arrangements or the division of specific assets, while still disagreeing about alimony, custody details, support, or other financial issues. When that happens, the areas of agreement can often narrow the dispute, but the remaining unresolved issues still need careful attention.
Having legal counsel is especially valuable in these situations because partial agreement can create a false sense that the rest of the case will resolve easily. Our Somerset County family law attorney can help review the agreements already reached, determine whether they are properly documented, identify any issues that still need attention, and work toward a complete resolution that protects the client’s long-term interests. Even when progress has been made, the unresolved issues can still have major consequences.
In some cases, a child’s preference may be considered, but it is not the only factor and does not automatically control. Courts focus on the child’s best interests, and the weight given to a child’s wishes can depend on the child’s age, maturity, and the circumstances of the case. A child’s preference is usually considered in the context of the child’s needs, each parent’s circumstances, and the overall stability of the proposed arrangement.
This can be a sensitive issue, which is why knowledgeable legal guidance matters. Parents should be careful not to pressure a child, place the child in the middle of the dispute, or assume that the child will simply choose where to live. An attorney can help a parent approach the issue appropriately, present relevant facts effectively, and stay focused on a child-centered strategy rather than an emotionally reactive one.
Yes. Retirement accounts and pensions are often an important part of property division in a divorce, especially in longer marriages or cases involving substantial marital assets. These accounts can carry significant long-term value, and they should not be overlooked simply because they are not immediately liquid like a bank account. Depending on the circumstances, they may need to be valued, divided, or offset against other assets as part of the overall settlement or court determination.
Because retirement assets may involve tax considerations, documentation issues, and questions about which portion is marital versus separate, legal guidance is very important. Our divorce lawyer in Somerset County, NJ, can help identify what records are needed, how these assets may fit into the broader property division analysis, and what approach may best protect the client’s future financial stability. Mistakes in this area can have lasting consequences.
Domestic violence concerns can have a major effect on parenting issues even before a divorce is completed. Allegations of abuse, restraining orders, safety risks, or serious conflict in the home may affect temporary parenting time, communication between the parties, exchange arrangements, and the overall structure of the case while it is pending. In some situations, the court may need to address safety first before longer-term family issues can be fully resolved.
This is one of the clearest examples of why legal guidance matters in family law. Our divorce lawyer in Somerset County, NJ, can help a client take lawful protective steps, present the relevant facts clearly, and address how safety concerns may affect custody and parenting issues going forward. These matters are too important to handle casually, especially when the well-being of children and the safety of a parent may both be at stake.
Yes. Parents can often create their own parenting schedule if they can agree on terms that meet their child’s needs. A schedule may address weekdays, weekends, holidays, school breaks, transportation, communication, and decision-making responsibilities. However, the agreement should be clear, practical, and properly documented so that both parents understand their obligations.
A family law attorney can help parents create a schedule that reduces conflict, protects parental rights, and supports the child’s stability.
The family home may be sold, refinanced, transferred to one spouse, or addressed in another way as part of equitable distribution. The right approach depends on the mortgage, equity, each spouse’s income, whether children live in the home, and whether either spouse can afford to keep it.
Because the home is often one of the largest marital assets, legal guidance is important before agreeing to sell, move out, refinance, or waive any property rights.
Retirement accounts earned during the marriage may be considered marital property, even if the account is only in one spouse’s name. These accounts may include pensions, 401(k)s, IRAs, deferred compensation plans, or other retirement benefits.
Dividing retirement assets can require careful review and specific court orders. Our Union County family law attorney can help protect a client from mistakes that may affect taxes, penalties, or long-term financial security.
Relocation can become a serious legal issue when one parent wants to move with a child in a way that affects the other parent’s custody or parenting time. Depending on the circumstances, the relocating parent may need the other parent's consent or court approval.
A family law attorney can help a parent understand whether a relocation request is legally appropriate, how the move may affect the child, and what steps may be needed before making major changes.
If a former spouse or co-parent is not following a custody, parenting time, support, or divorce order, the affected party may seek enforcement through the court. Enforcement issues may involve unpaid support, missed parenting time, refusal to divide property, or failure to follow other court-ordered obligations.
Our Union County family law attorney can help determine whether enforcement is appropriate, gather documentation, and pursue relief designed to protect the client’s rights.
Frequently Asked Questions About Divorce and Family Law Matters
My spouse always handed our taxes and returns. I cannot locate my tax returns. How can I obtain them without asking my spouse?
If you used an accountant or CPA to prepare the returns, you can request a copy from that provider. Also, the Internal Revenue Service (IRS) makes your returns available to download at www.irs.gov/individuals/get-transcript.
Multiparent family situations are arising more frequently due to reproductive technology, blended families, and divorce. In some cases, three or more individuals intentionally agree to parent a child together; in others, a third party develops a parental relationship over time. Recognition as a legal or psychological parent may carry support obligations and may provide rights relating to custody, parenting time, inheritance, and certain government benefits.
New Jersey has been at the forefront of recognizing non-traditional parent-child relationships. Our attorney, Robin T. Wernik, represented the plaintiff in V.C. v. M.J.B., 163 N.J. 200 (2000), in which the New Jersey Supreme Court established the psychological parent doctrine, allowing a person who forms a parent-like bond with a child — with the consent and participation of a legal parent — to seek custody or visitation. Since then, New Jersey courts have extended this doctrine to former domestic partners, grandparents, and intentional multiparent arrangements, including a 2016 case in which a court awarded joint custody to three parties who had agreed from the outset to raise a child together. New Jersey also amended its Parentage Act in 2018 and 2019 to address assisted reproduction and gestational carrier agreements.
One important limitation remains: legal parentage under New Jersey law is still formally tied to biology or adoption, and courts have recognized that recognizing a third legal parent would require legislative action.
Relocating to another state with your child can only be done legally if you have the consent of the other parent or permission from the court. If the other parent will not consent to your relocation, the court will hold a hearing and consider the following:
- Any custody agreement;
- The reason for the move;
- The reasons for the opposition to remove;
- The relationship between the child and the other parent;
- Any special needs of the child;
- The age of the child.
Recently the New Jersey Supreme Court changed the law that existed for 16 years finding that trends in the law have changed. In Bisbing v. Bisbing the New Jersey Supreme Court ruled that courts must use the best interest test that is used in custody cases to determine if relocation is warranted and conducting a hearing. The best interest factors are set for in N.J.S.A. 9:2-2 and include some of the factors listed above. At the end of the hearing, the court must make a determination on whether the move is in the child’s best interest.
If your spouse is refusing to provide you with money for food and other necessities pending your final divorce, you can request temporary support. Both parties have an obligation to maintain the financial status quo during the divorce process.
So if you are a spouse, for example, who has not worked during the marriage, your spouse has an obligation to provide you with money as he or she did prior to the filing of divorce. Further, if your spouse paid the mortgage or other expenses, he or she must continue to do so. If your spouse refuses to maintain the status quo, then you can file an application with the court for support.
Since each situation is unique, you will need to discuss your particular situation with your attorney to determine the best cause of action. In order to make an application to the court for support, you will need to gather all of your financial documents; such as, tax returns, pay stubs, bank account statements, etc. Also, you will need to complete a Case Information Statement which your attorney can provide you with.
A divorce can affect the whole family, especially the children. Children can feel a variety of emotions during the divorce process; such as, anxiety, anger, sadness, embarrassment, separation anxiety and self-blame. The key is to minimize such emotions so that your child can remain healthy and happy. Also, there are certain steps you can take to minimize stress on your child during the divorce process.
- Be Consistent: Speak with your co-parent regarding anything that would effect your child; such as, bedtime, rules, curfew, etc. Good communication between co-parents, if possible, is the best for any child.
- Don’t Involve Your Children in Adult Issues: Don’t confide in your children regarding the divorce, the process or any adult issues. Don’t argue in front of the children or use them as pawns. Remember, the children didn’t ask for a divorce.
- Be Open and Honest with Your Children: Talk to your children about what they can expect, in simple terms appropriate for their age. Make sure you tell them the divorce is not their fault and they are not to blame. Give them an opportunity to speak with you about what is going on and tell you how they feel.
- Make Them Feel Secure: Tell them you love them and that although Mommy and Daddy will no longer be married or live together, you will always love them and be their parents.
First, make a copy of any financial documents you can find in your house. Such documents include bank statements, annuity, IRA, 401(k) and pension statements, tax returns, business statements and pay stubs. Take these documents to your attorney for him or her to review.
Tell your attorney if you believe there are missing assets or your spouse has not disclosed them. If that is the case, an asset search can be conducted to potentially find assets.
Further, a forensic accountant can be hired to evaluate your spouse’s income and assets and ultimately testify in court if necessary. Discuss your concerns with your attorney so a strategy can be made.
If you are meeting with your divorce or family law attorney for the first time, it is helpful to have certain information and documents available so the attorney can review them and give you the most accurate advice possible. Since divorce cases involve support and division of assets, it is helpful for you to have the following documents available. If you do not have the documents, don’t worry; your attorney can assist you in obtaining them.
- State and Federal Individual and Business Income Tax Returns for the last three years
- W2 and/or 1099 statements for the last three years
- The last three pay stubs from your employer for both parties
- At least one year of bank statements for all individuals and joint accounts
- Statements for any mutual funds, bonds, stocks, annuities, CDs, 401(k)s, 403(b)s, IRAs, 529 college funds, trust funds for at least one year
- Most recent student loan statement
- Most recent credit card statements
- Lease or loan agreement for vehicles
- Documents for any existing loans
- Statements of any outstanding bills
- Any prenuptial or postnuptial agreements
- Court Orders or Divorce Agreements
- Partnership or business agreements and/or most recent quick book statements for the business
- Information regarding your health, life, automobile and homeowner’s insurance that includes the name of the insurance company, policy number, group number and individuals covered
You can leave the marital home prior to the divorce being final. However, before you choose to do so, please speak with your attorney regarding any negative consequences that may occur that could impact your finances or obtaining custody of your children.
We often have clients ask if New Jersey is a “No Fault State.” New Jersey has a cause of action called Irreconcilable Differences. In a Complaint for Divorce with irreconcilable differences, you do not have to allege fault against your spouse. Irreconcilable Differences is just a legal way of nicely stating “We don’t get along anymore.” The advantage to not alleging fault is neither party has to make allegations against the other party that might hurt or embarrass them. It also makes it more amicable in terms of trying to settle the issues.
If you feel it is necessary, you can file for a fault divorce, which allows you to make allegations against your spouse based upon acts they committed against you during the marriage. The grounds for a fault based complaint include:
- Extreme cruelty which is physical, emotional or mental cruelty
- Adultery
- Willful desertion for 12 month also known as abandonment
- Alcohol or drug abuse of the spouse
There is no specific advantage to filing a fault divorce in New Jersey. A judge will not give you more money or property as a result of such filing. Judges can consider such conduct when determining an alimony award, although this is rarely done.
A legal separation, also known as a Divorce from Bed and Board, is rarely used when couples separate. However, some couples seek a Divorce from Bed and Board for various reasons. For example, one spouse may need to remain on the other spouse’s medical insurance which would not be allowed if the couple was divorced. Other reasons include tax or business implications or religious beliefs.
A divorce from bed and board resolves all issues between a couple except the marital status. You would remain married; however, all issues such as division of property, child support and custody and alimony would already be decided, be placed into an agreement and become a formal Court Order. At some time in the future, if either party decides to get divorced, that agreement would become part of the divorce.
In a first meeting with a client, the first two questions usually asked are how long will my divorce take and how much will it cost. These two issues are often intertwined and are case-sensitive. If your spouse does not want a divorce and intends to fight every issue, this will drive up the costs and make your case take longer to go through the court system. The cost of a divorce can run from hundreds to many thousands of dollars. A divorce attorney requires a retainer, which is an upfront fee. The attorney then bills his or her hourly rate against the retainer. If there is a balance at the end of the case, that amount is returned to the client. If the retainer is exhausted, the client is required to provide additional retainer. To a degree, you can control how much your divorce will cost. The costs can be kept lower if you and your spouse come to an agreement quickly and minimize the emotional issues that are not relevant to resolving your divorce.
If your spouse does not want a divorce and is intent on “getting back at you”, your divorce will take longer. Of course, the court will make sure your case moves expeditiously through the system. However, your spouse can still make the process difficult by contesting every issue and refusing to settle. If you are unable to settle, your only option is to go to trial and have a judge decide your case. It is always optimal to enter into an agreement with your spouse, as you have control over what is in your agreement. If you go to trial, you have absolutely no control over the judge’s decision. Further, trials are extremely expensive. The court requires cases to be resolved or go to trial within one (1) year of filing the Complaint for Divorce, although some more complicated cases take longer.
In the end, in order to keep your cost down and not let your case drag on, it is best to enter into an agreement with your spouse. Agreements can be reached with the assistance of court-ordered mediation with your attorney present to advocate on your behalf.
It is hard to know who to turn to when you are facing a divorce. It is a major life change and a difficult process. If you are able to, talk to your friends and family about recommendations for a lawyer. You can also talk to your therapist (every person going through a divorce needs a neutral party to assist him or her through this emotional process) for recommendations. Further, you can search online viewing websites and recommendations.
Finding the right attorney for you will make the process easier. Schedule appointments with potential attorneys and interview them. Your attorney is hired to represent your interest in the divorce process and get you the best settlement. The attorney is not your friend or therapist. It is important that your attorney understands the emotional issues; however, it is not his or her job to resolve them. Remember, your attorney charges you an hourly rate, and you need to focus with your attorney on the legal issues.
After you meet with the attorney, ask yourself: Do I feel comfortable with him or her?; Can I work well with him or her?; Does he or she specialize in Family Law/Divorce?; Does he or she know the law?; Did he or she help me to understand the process?
In the end, you must trust and feel comfortable with the attorney. Finally, make sure the attorney shares your goals in ultimately settling your case.
Divorce/Family Law/Custody cases are highly emotional. If you are thinking about a divorce or have a family law/custody issue, you need the advice of an experienced divorce/family law attorney. The attorneys at Wernik & Salvatore concentrate in divorce/family law and are dedicated to making sure you understand the process and represent your interests in the most cost-effective way possible.
Child support is an important issue in a divorce settlement. Child support is calculated by using the New Jersey Child Support Guidelines formula. On occasion, a parent will ask if child support can be paid directly to a child.
A recent case from Ocean County set forth parameters for a noncustodial parent to pay part of their child support directly to a child over 18 years of age. The court would have to find that the child who is over 18 can manage the money and use it for the intended purpose. The child can be required to show receipts for how the money was used. Although the case in Ocean County exists and provides guidance on the issue of paying child support directly to the child, the case is not binding in other courts since it is a trial level decision.
Traditionally, child support cannot be paid directly to a child at any age. However, an experienced attorney can make an appropriate argument regarding this issue.
