How Much Does Divorce Cost In Nj
When you are filing your official complaint for divorce in New Jersey, you will be required to pay a$300 fee. There is an additional$25 parenting workshop fee if the couple has children. The entire cost of the divorce varies based on the complexity of assets, as well as time spent negotiating child support, custody and alimony. If the relationship between the spouses is amicable, the process can go much smoother and will result in less expense. Having a detailed and organized prenuptial agreement can also play a substantial part in the ease and cost of divorce.
Understanding Your Rights To Child Custody
Both parents have a right to see their children after divorce. Unless there has been abuse or abandonment, each parent should have a meaningful time with their children and have a voice when it comes to making important decisions, such as whether a child can get medical care or where they go to school.
Child custody comprises legal and physical custody, which can be joint or sole. We advocate for mothers and fathers to have as much time with their children as they can.
There are many practical difficulties when it comes to child custody. Unless the parents live literally side by side, the children usually need to spend most of the school year with one parent. This does not mean the other parent is cut off entirely from their childs life. Instead, this non-custodial parent usually can get time with the children on weekends, school vacations, and summer vacations.
Successful co-parenting often requires a detailed parenting plan as a foundation. This plan should anticipate all matters of dispute and come up with ways for parents to work together. For example, if your child is sick, many parents want make-up visitation with their children. These types of contingencies must be included in a parenting plan. Speak with our divorce law attorney in Princeton for help with any child custody issue.
What Is The Difference Between An Annulment And Divorce
While divorce may be permanent, it does not dispute the fact that a marriage was legally enacted and in existence in the first place.
An annulment, however, is very similar to a divorce as it may involve a dividing of assets, custody and visitation negotiations, and so on but an annulment means that the marriage was established on false pretenses. If a man discovers, for example, that his wife has been lying about an extensive criminal past , or that she was never formally divorced from a former spouse, he may file for an annulment rather than a divorce.
If an annulment is successful, it is from a legal perspective as if the marriage did not ever truly exist. Annulments can also be sought for religious reasons, particularly given the gravity of divorce in the understanding of certain faiths.
How Are Marital Assets Divided?
How to Find a Divorce Lawyer
Attorneys aren’t needed for every divorce, but in many cases, legal assistance can be beneficial, if not crucial. With the complex nature of some divorce procedures and emotions running high, it is often a good idea to have a knowledgeable resource for information and a skilled advocate for negotiations and possible court proceedings.
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Paying Or Receiving Alimony
In some marriages, both spouses earn roughly the same amount of money. However, in others, one spouse earns much more. A divorce can financially devastate a lower-earning spouse, but monthly alimony payments might mitigate some of the fallout.
Our divorce law lawyers in Princeton understand alimony inside and out. Judges are not obligated to award alimony. Instead, they have the discretion to award alimony for various reasons as spelled out in N.J.S.A. § 2A:34-23. An experienced attorney can often make a difference in this area of law by collecting and presenting evidence to show that alimony is either necessary or not needed.
Recent changes to the tax laws have also changed who can deduct alimony. Formerly, the payor spouse could deduct it from his or her income taxes. Now the law has changed, and the spouse who receives alimony gets the tax break. Consequently, alimony is often being used as a bargaining chip in divorce settlement negotiations.
Frequently Asked Questions About Divorce in Princeton, NJ
When To Hire Divorce Attorneys In New Jersey
You may wonder if you need to hire legal counsel when you’re facing the end of your marriage. This decision depends on a number of things, including on your financial situation and whether your divorce is contested or uncontested. You may need a mediator if you are fighting with your spouse over important issues during your divorce.
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Thomas J Decataldo Jr
Named to the New Jersey Rising Star list, Thomas J. DeCataldo Jr. has dedicated his practice exclusively to the area of family law since his graduation from law school. He served as a law clerk to the Honorable Thomas M. McCormack J.S.C., Superior Court of New Jersey, Chancery Division, Family Part, in Essex County. In his career he has been widely published and is a frequent speaker on the consequences and legal issues surrounding divorce and other family law matters. He is an active member of various professional and bar associations and sits on several committees and boards.
Do Divorce Attorneys Usually Charge For Consultations
In the divorce process, consulting with a divorce attorney or lawyer can make or break the deal. Divorce lawyers typically offer free consultations, so when you meet with potential attorneys, all you have to lose is a little bit of your time. No lawyer should charge you to discuss whether he or she can help you. Each consultation should be treated like an interview. Make sure you have all of your questions written down before you walk through that door.
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How Long Does It Take To Get A Divorce
The length of a divorce is contingent on four things: each state’s mandatory waiting period, whether the divorce is uncontested or contested, how quickly both sides can come to an agreement, and how quickly a judge is able to hear or review the case and sign off. The best-case scenario is an uncontested divorce in a state with a short waiting period which could see a divorce finalized in a matter of weeks. For divorces with highly combative parties, long discovery periods, and other complications, a decision could take months or even years.
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How Arons & Solomon Divorce Lawyers Can Help You With A Divorce In New Jersey
No one gets married with the expectation that the marriage will one day end. Even in the best-case scenario, divorce can be extremely emotional and difficult. When serious issues are contested such as child custody, a divorce can quickly become a contentious and expensive fight.
With high stakes and emotional distress involved, an experienced New Jersey family law attorney can help you fight for fair results and protect your best interests. At Arons & Solomon Divorce Lawyers, we understand that the results of a divorce case can have serious and lasting effects on an entire family. We have served New Jersey families with trustworthy legal representation since 1994.
We bring more than 150 years of combined legal experience to your representation. Mitchell Arons, , and the rest of our legal team have earned numerous awards including the Martindale-Hubbell AV Preeminent rating, Top Lawyers of Bergen County by Magazine, and the Bar Register of Preeminent Women Lawyers.
We also hold prestigious positions in New Jersey as the co-founders of the Collaborative Divorce Association of North Jersey.
Choose Arons & Solomon Divorce Lawyers, to represent you in your divorce and count on us to:
Contact our law office today for a free consultation with an experienced New Jersey divorce attorney ready to help you.
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Jeralyn L Lawrence Lawrence Law
Board-certified Matrimonial Law Attorney Jeralyn L. Lawrence focuses exclusively on divorce and family law. Trained in arbitration, mediation, and collaborative law, she offers expert counsel across all aspects of matrimonial and family law, including divorce, child custody, parenting time, spousal support, child support, legal separation, property settlement agreements, adoption, guardianship advice, and more. Her professionalism and high ethical standards have resulted in numerous awards and honors, including selection to the Top 100 New Jersey Super Lawyers and Top 50 Female New Jersey Super Lawyers.
What Our Clients Say
Best lawyer in New Jersey
A few words wont do justice to describe what an amazing lawyer Andrew M Shaw is. I hired Mr Shaw for my divorce case. I consulted several lawyers before Mr Shaw but wasnt satisfied with any of them. After my first meeting with Mr Shaw, I immediately decided to hire him, without any second thought. I must start by mentioning that Mr Shaw is a very good listener, he pays attention to every single thing you say and quickly figures out what his client wants. He is very understanding and is very positive and reassuring. Also Mr Shaw is very knowledgeable and his strategies are amazing.
Mr. Shaw was not only professional, kind and considerate but he advised me in a way that was not only successful but cost effective. He did not provide the most expensive course of action, instead he provided the least expensive course of action that would get me the best result. Thankfully, because of Mr. Shaws expert advice I was able to resolve my situation in a cost effective way in very little time. No one ever wants to need an attorneys services but if I ever find myself fighting for my daughter well-being again I will definitely seek out Mr. Shaws help without hesitation. Thank you Mr. Shaw!
A truly outstanding legal professional
To view the full reviews on Avvo.com, please click here. Prior results do not guarantee a similar outcome. Each case is unique.
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What Is The Difference Between Divorce And Separation
There are several distinctions between divorce and separation.
First, legal separation may be a court-mandated step of the divorce process, with some states requiring that potential divorcees spend some time living apart in a form of legal separation before proceeding to formal divorce.
Outside of this requirement, legal separation is reversible, while divorce is not. Once you have been declared divorced from a former spouse, there is no going back. Legally separated spouses retain the right to inherit property as well, and may not remarry .
What Are Alternatives to Divorce?
Depending on your circumstances, you may have other options for ending your marriage besides a divorce. Many states offer legal separations, which can allow spouses to make some of the same decisions as a divorce regarding their shared property, child custody, and child support. This option doesn’t legally end the marriage and is generally used when couples want to retain their marriage status for religious or health care reasons.
An annulment, on the other hand, has the same legal effect as a divorce but does so by declaring your marriage was never valid in the first place. Reasons for an annulment could be that one spouse was already married, was tricked into the marriage, or was too young at the time to legally marry.
Franz Cobos Cobos Law Firm
Named by Three Best Rated as one of the best divorce lawyers in New Jersey, Franz Cobos of Cobos Law Firm enjoys an excellent reputation among the NJ legal community. He offers representation across a wide scope of family law-related matters, including high conflict divorce, asset division, child custody, visitation agreements, protective orders, and modifications of divorce decrees. If required, Cobos can assist clients in Spanish as well as English.
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Different Types Of Lawyers & Law Firm Specialties
Lawyers, and the law firms they may be associated with, come in differing shapes and sizes this includes lawyers in New Jersey and other states. With the various legal issues you might encounter during your divorce or other family law matter, specializations and expertise of individual lawyers will differ as well. Understanding the different types of lawyers you may encounter on your search for the best one may include some of the following:
How Much Does The Divorce Lawyer Average Cost New Jersey
Family lawyers usually charge by the hour. You may be charged a flat fee upfront, and then a retainer fee may be added. Ðhe cost of hiring a lawyer depends on a number of factors. You need to consider your relationship with your spouse, the complexity of your finances, and the involvement of your children.
It’s also a good idea to get estimates from three local attorneys before deciding on a divorce lawyer. This way you can compare prices and decide who you think will be the best fit for you.
You may also qualify to receive financial help from federally funded programs if you can’t afford a divorce lawyer. Pro bono representation may also be available through your state bar association.
Hiring the right divorce attorney can save you a lot of time and money in the long run.
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How Are Assets And Property Divided In A Divorce In New Jersey
New Jersey uses an equitable distribution concept to divide assets in divorce. This means that the division of assets should be fair, but it will not necessarily be equal. Equitable distribution can be more complex than a 50-50 division in a community property state, but it may also be in the best interests of both spouses.
All types of assets can be distributed under an equitable plan. This includes bank accounts, investment accounts, pensions, the marital home, real estate, businesses, and vehicles. Only property that is considered marital property is subject to division. This refers to property acquired during the marriage.
A court has broad discretion when determining how assets will be fairly distributed.
They may consider factors such as:
- The length of the marriage
- The health and age of each spouse
- The standard of living in the marriage
- Each partys economic circumstances, work history, and earning capacity
- Whether a spouse delayed pursuing a career to further the interests of the marriage, raise children, or support the other spouse
- Which spouse will have physical custody of children
Additional criteria the court may consider during equitable distribution is listed under N.J.S.A. 2A:34-23.1.
Avoid Traditional Paterson Family Law Attorneys If Your Case Is Likely To Be Uncontested:
An uncontested divorce is simply one in which the parties will not be disputing any issues, including the divorce itself. The parties dont have to be happy and they dont have to like each other. They are either completely or mostly in agreement on all issues and are wise enough to recognize that traditional full-representation divorce lawyers would be the only winners if they contested relatively unimportant issues in their divorce.
Traditional full representation by a local Paterson divorce lawyer is when that lawyer will represent you in all aspects of your divorce case. It is highly likely to be a good service, but it is expensive.
If you have a contested case, a complex case, a high-value case or a case that involves domestic violence or the threat of domestic violence, full representation by a Paterson divorce lawyer is NOT to be avoided. It is a necessity.
A contested case means that you and your spouse/partner are disputing ANY issue in the case. A complex case contains legal complexities such as tax issues, active business issues, a special needs child of the marriage or any one of many other complex legal situations. A high-value case means that your marital estate is very large. There is no specific dollar limit. Certainly, if you have a high 7-figure net marital estate or higher, that is a high-value case.
Your case could also possibly get screwed up if you DID hire a full representation Paterson divorce attorney. Thats also not likely, but it could happen.
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Thomas J Petrelli Jr Petrelli Previtera Llc
As the managing partner of Petrelli Previtera, LLC, Thomas J. Petrelli, Jr dedicates his practice to divorce and family law matters. Focus areas include contested divorce, high asset divorce, child support, child custody and visitation, business valuation in divorce, alimony, relocation, appeals, restraining orders and abuse, same-sex marriage, and spousal support. With over 19 years of experience under his belt, Petrelli enjoys an excellent reputation among the New Jersey legal community, and currently maintains a 10.0 Superb peer review rating on Avvo.
Rajeh A Saadeh The Law Office Of Rajeh A Saadeh Llc
As the founder and primary attorney of The Law Office of Rajeh A. Saadeh, L.L.C, Rajeh A. Saadeh is licensed to provide legal service to clients across New Jersey and New York. He offers representation across a range of divorce and family law matters, including collaborative law, contested/ uncontested divorce, military divorce, asset and debt division, same-sex divorce, and alimony. He also offers guidance on pre and post-nuptial marital agreements, adoption, child custody, child support, fathers rights, paternity, and same-sex family law. A few of the honors he has received over his career include selection to The American Institute of Family Law Attorneys list of 10 Best Under 40.
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Seven Common Steps Of A New Jersey Divorce
The process for a divorce in New Jersey can follow a path of up to seven steps that starts with filing the complaint for divorce and ending with an actual divorce trial. That said, the process can be completed before reaching all seven steps and the majority of divorces end before going to trial.
Step One: File a divorce complaint
To begin your divorce process, either you or your spouse must file a divorce complaint with the court. The one who files is named the Plaintiff, and the other spouse will be the Defendant.No, it does not matter who filed for divorce first, in New Jersey, and it does not matter who is Plaintiff and who is Defendant.The divorce complaint will need to include both the names and addresses of both spouses, the date and the location of your marriage, other various details, as well as the relief you are requesting from the Court.