FAQ

DIVORCE

1.  What is an uncontested divorce?  If both parties reach an agreement on all issues, i.e., child support, division of assets, alimony, custody, attorneys fees, etc., then it is possible to proceed with an uncontested divorce.  This means that the parties enter into a Property Settlement Agreement and after the appropriate documents are filed with the Court, the parties can obtain a divorce quickly and easily.  An uncontested divorce will usually be less expensive and certainly less stressful.

2.  How long is the process and how much is it going to cost?  There is no specific time frame mandated by the Court or by the law as to the length of this process.  There are certain guidelines that the Court follows, but timeframes can vary significantly depending upon your case.  I will work with you to make this process as quick as possible while also keeping in mind your goals and expectations.  Regarding the cost, there is no exact answer.  Each case is different and dependent upon the legal issues of the case and the cooperation between the parties.

3.  What are the grounds for divorce?  There are 9 different grounds for divorce.  The most frequently used are (a) irreconcilable differences; (b) 18 month separation; and (c) extreme cruelty.

4.  Will I have to pay alimony?  As in many divorce related issues, alimony is dependent upon the unique facts of your case.  There is a new alimony law in New Jersey and thus it is important to discuss your particular case with an experienced attorney who can decipher and apply the new statute to your case.

5.  What happens after the divorce if my ex begins to make more money.  Do I still have to pay the same amount of child support or alimony?  An order for child support or alimony will remain in effect until the order is modified by the court.  To modify such an order you have to file an application with the court which shows that there has been a significant change of circumstances since the signing of the original agreement or order.  Alternatively, the parties can agree to modify the terms of support or alimony and file an order to that effect with the court.

 

 

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