Bergen County, NJ Matrimonial Lawyer
THE FOLLOWING INFORMATION IS NOT INTENDED AS LEGAL ADVICE AND SHOULD NOT BE RELIED UPON. INDIVIDUAL CIRCUMSTANCES VARY, LAWS CHANGE, IF YOU ARE CONSIDERING DIVORCE, YOU NEED TO CONSULT AN EXPERIENCED MATRIMONIAL ATTORNEY WHO CAN EVALUATE YOUR INDIVIUAL CIRCUMSTANCES.
FREQUENTLY ASKED QUESTIONS
By Individuals Considering Divorce
Q: HOW FAST CAN I BE DIVORCED?
A: If the divorce is uncontested, that is there are no financial or legal issues and your spouse is cooperative, 60 days is not an unreasonable time frame, in Northern New Jersey.
Q: CAN MY SPOUSE AND I HIRE ONE ATTORNEY TO REPRESENT BOTH OF US?
A: No. An attorney can only represent the interest of one party.
Q: DO I NEED TO HIRE AN ATTORNEY TO OBTAIN A DIVORCE?
A: No. An individual always has the right to represent himself or herself in court; however the legal system is complicated and fraught with pitfalls for the unwary. Just as you would not want an attorney whose first case is your divorce, representing yourself during this emotionally draining time is difficult, time consuming and dangerous.
Q: IF MY SPOUSE DOES NOT WANT A DIVORCE CAN HE/SHE STOP ME FROM OBTAINING A DIVORCE?
A: No. He/She does not have to consent to, or cooperate in divorce proceedings, however it is easier and less expensive if both parties cooperate.
Q: DOES MARITAL FAULT OR BAD BEHAVIOR DURING THE COURSE OF MY MARRIAGE IMPACT ON MY RIGHTS?
A: With regard to the financial aspects of your divorce, i.e. equitable distribution and/or alimony, generally not, there are, however, exceptions.
Q: HOW IS CHILD CUSTODY DETERMINED?
A: By agreement of the parties or if the parties cannot agree, custody is determined by a Judge using the "best interest of the children" legal standard. In the vast majority of cases, it is in the best interest of the children, for the parents to share joint legal custody.
Q: WHAT IS JOINT LEGAL CUSTODY?
A: Joint legal custody is a term used to describe the right of both parents to equal participation in the decision making process in important matters in a child's life, such as health care, education and religion.
Q: WHAT IS RESIDENTIAL CUSTODY?
A: Residential or physical custody refers to which parent the child lives with.
Q: HOW DOES THE COURT CALCULATE CHILD SUPPORT?
A: Child support is calculated in accordance with the Child Support Guidelines, which is a formula that has been adopted by the court.
Q: WHEN DOES CHILD SUPPORT TERMINATE?
A: Child support terminates upon emancipation of the child. Emancipation means that the child can take care of him or herself. There is no definitive age at which a child automatically is declared emancipated. Some general guidelines are at the age of 18 if the child is not in school.
Q: DOES A DIVORCED PARENT HAVE TO PAY FOR THEIR CHILD'S COLLEGE EDUCATION?
A: Each family's situation is unique. The answer depends upon the parties financial circumstances. However that being said, in the vast majority of the cases the court requires a parent to contribute to a child's college cost in accordance with the parents financial ability to pay. College costs may also include graduate and advanced education. In addition, child support generally continues through college and higher education.
Q: WHAT IS ALIMONY?
A: Alimony is a legal term that is used for payments that are made by one spouse to the other after a divorce. Alimony is used to balance the earning capacities of both parties. Alimony is intended to permit both parties to continue to live as best as possible at the same standard of living that they became accustomed to during the marriage.
Q: WHAT ARE THE DIFFERENT TYPES OF ALIMONY?
A: The four categories of alimony are: permanent alimony, limited duration alimony, rehabilitative alimony and reimbursement alimony.
Q: WHAT IS PERMANENT ALIMONY?
A: Permanent alimony is alimony which is intended to last until the payee dies, remarries or under some circumstances cohabitates in a marriage like relationship. Permanent alimony can be modified or reduced based on a change of circumstances.
Q: WHAT IS LIMITED DURATION ALIMONY?
A: This type of alimony is frequently referred to as term alimony. This type of alimony is payable only for a specific period of time.
Q: WHAT IS REHABILITATIVE ALIMONY?
A: Rehabilitative alimony is for a limited period of time for the purpose of supporting a dependent spouse while he/she acquires education or training to permit him/her to obtain employment that would allow him/her to financially support themselves.
Q: WHAT IS REIMBURSEMENT ALIMONY?
A: Reimbursement alimony pays back a spouse for financial support or economic sacrifices that were made during the marriage which support helped to improve the other spouses earning capacity.
Contact Us for a Free Phone or Office Consultation
To schedule a free consultation by phone or at our Englewood Cliffs office, contact us by e-mail or call 201-503-0773.