If you are dependent on your spouse financially, they are obligated to pay your legal fees. When the income is not enough to cover both parties’ legal fees, the court will order the counsel fees be paid out of joint assets or tax refunds.
A prenuptial agreement may be in your best interests. Unless carried out properly, they are not always enforceable.
You must first attend court-ordered mediation at the court house. If mediation is successful, the court-appointed mediator will draft a document resolving the issues. In the event they are unsuccessful, the parties return to the judge who will conduct a custody evaluation, examining the circumstances, determining the best interest of the children. Each party has the [...]
A mental health coach can work with the parties to create a parenting plan that is best for everyone in the family. The parties communicate in a constructive, respectful, and honest negotiation process, allowing them to reach mutual goals and learn co-parenting skills that will benefit them in the future. Any agreements will be examined by [...]
A contested divorce takes about a year to resolve in New Jersey. If you cooperate and resolve your issues, you can enter into a settlement agreement and get a divorce much earlier.
NJ does not recognize legal separation in any way. You can achieve the same goal through an enforceable separation agreement or a limited divorce.
The court does not take fault into consideration during a divorce case. If your spouse is guilty of wrongful dissipation of your marital assets, the court may adjust the award in your favor. Otherwise, adultery doesn't play much of a role in your divorce.
If you fear for your safety, go to your local police department and obtain a temporary restraining order. An order of protection will prohibit any contact between you and your spouse. Your spouse will be removed from the marital home. In ten days, a trial will be held to determine if a permanent restraining order [...]
Even if your spouse suffers from substance abuse or alcoholism, they still have the right to see the children. NJ courts have the authority to order supervised parenting time. This can take place in the courthouse with a court appointed supervisor or with a family member who is willing to oversee the parenting time and [...]
Legal custody applies to the person who makes the major decisions regarding the health and welfare of the child. Residential custody, also known as physical custody, determines who lives primarily with the children. Shared residential custody is when the child lives equally with both parents.
