If you are facing the possibility of divorce, or are already in the middle of the process, it is completely natural to have more questions than answers at times. Divorce and family law matters tend to raise several important concerns, especially when they involve your finances, your children, and your future. Read our divorce and family law FAQ for answers to some of your most pressing questions, and contact The Law Office of Rachel S. Cotrino, LLC for help today.
New Jersey Divorce & Family Law FAQ
Q: How is divorce handled in New Jersey?
A: When a marriage reaches the point where it can no longer continue, the divorce process formally begins with filing a Complaint for Divorce in the Superior Court. From there, the case may move through several stages, including exchanging financial information, negotiating terms, and, in some instances, proceeding to trial to resolve outstanding issues.
Q: What are the grounds for divorce in New Jersey?
A: In New Jersey, spouses may pursue either a no-fault or fault-based divorce. Most people file under irreconcilable differences, which must have existed for at least six months. There are also fault grounds, such as adultery or abandonment, though these are generally less commonly relied upon in practice.
Q: How long does a divorce take?
A: The length of a divorce depends largely on how much is in dispute and whether both spouses are willing to cooperate. Some divorces are resolved within a few months, while others, particularly those involving contested issues like custody or finances, can take a year or more to fully conclude.
Q: How is child custody determined in New Jersey?
A: Child custody decisions are based on what the court believes serves the child’s best interests. This involves looking at several factors, including each parent’s ability to provide a stable environment, the relationship between the child and each parent, and any concerns related to safety or well-being.
Q: What is the difference between legal and physical custody?
A: Legal custody refers to a parent’s authority to make important decisions about a child’s upbringing, such as education and medical care. Physical custody, on the other hand, relates to where the child lives on a day-to-day basis. In many cases, courts award joint legal custody while structuring a primary residence.
Q: Can child custody arrangements be modified?
A: Over time, circumstances can change, and when they do, custody arrangements may need to be revisited. A court may approve a modification if there is a substantial change that affects the child’s well-being, such as relocation, changes in living conditions, or concerns about a parent’s ability to provide care.
Q: How is child support calculated in New Jersey?
A: Child support is calculated using statewide guidelines that take into account both parents’ incomes, the amount of time each parent spends with the child, and certain expenses, such as healthcare and childcare. The goal is to ensure that the child continues to receive financial support consistent with both parents’ resources.
Q: When does child support end in New Jersey?
A: In most cases, child support continues until a child is considered emancipated, which typically occurs at age 19. However, support may extend beyond that point if the child is still in school, enrolled in college full-time, or has circumstances that require continued financial assistance.
Q: Can child support orders be changed after they are issued?
A: Yes, child support is not necessarily permanent in its original form. If there is a meaningful change in circumstances, such as a significant increase or decrease in income, or a change in the child’s needs, a parent may request a modification through the court.
Q: How does property division work in a New Jersey divorce?
A: Property division in New Jersey follows what is known as equitable distribution. This means that marital assets are divided in a way that the court considers fair, rather than strictly equal. Various factors are considered, including the length of the marriage and each spouse’s financial situation.
Q: What is considered marital property in a divorce?
A: Generally, marital property includes assets and debts acquired during the course of the marriage. This can include income, real estate, retirement accounts, and more. Property owned prior to the marriage, or received as a gift or inheritance, is typically treated as separate, unless it becomes mixed with marital assets.
Q: How is alimony determined in New Jersey?
A: Alimony is determined by examining a number of factors, such as the duration of the marriage, the financial circumstances of each spouse, and the standard of living established during the marriage. Courts aim to reach a result that is fair and reflects the realities of both parties’ financial positions.
Q: What types of alimony are available in New Jersey?
A: There are several types of alimony that may be awarded, depending on the situation. These include open durational alimony, limited duration alimony, rehabilitative alimony, and reimbursement alimony. The type and duration depend on the specifics of the marriage and each spouse’s needs.
Q: Can alimony be modified or terminated in New Jersey?
A: In many cases, alimony can be adjusted if circumstances change after the divorce. For example, retirement, a significant change in income, or cohabitation by the receiving spouse may justify a modification or termination. The court will evaluate whether the change is substantial enough to warrant relief.
Q: What happens if a spouse does not comply with a divorce order?
A: When a spouse fails to follow a court order, whether related to support, custody, or another obligation, the other party may file a motion to enforce the order. Courts have several tools at their disposal, including financial penalties and wage garnishment, to ensure compliance moving forward.
Contact The Law Office of Rachel S. Cotrino, LLC
If you have further questions or would like to speak to a knowledgeable attorney about your case, simply contact The Law Office of Rachel S. Cotrino, LLC today.
