Frequently Asked Questions

Answers to the questions we hear most often about New Jersey divorce and family law.

Why choose a certified matrimonial lawyer?

For all matters of family law, a certified matrimonial attorney will provide the knowledge and expertise you need when sensitive matters come to an impasse. Not all matrimonial attorneys are certified. When the Supreme Court of New Jersey certifies an attorney in matrimonial law, it means that the attorney has been carefully screened, fulfilled ongoing legal education requirements, been favorably evaluated by his or her peers and judges familiar with the person's work, and has taken and passed a matrimonial law examination.

What issues are involved in a divorce?

A divorce usually deals with some or all of the following: child custody, child support, alimony, and equitable distribution of property. In resolving child custody disputes, the Court has a preference for joint legal custody, which allows both parents to have a say in the health, education, and welfare of the child or children. If the parties cannot get along or cannot set aside their differences so that they can successfully co-parent their child, the Court will be forced to decide who will get sole legal custody. Child support is based upon the income of both parties and the amount of time each parent spends with the child. There are Child Support Guidelines which the Court uses to arrive at a figure. In establishing alimony, the Court considers many factors, including the length of the marriage, the employment history of the parties, and their marital lifestyle. In general, when it comes to distributing marital property, New Jersey law views a marriage as a partnership, and seeks to equitably allocate the property's value between the two former spouses. “Equitable” is not always synonymous with “equal”.

How long will my divorce take?

Once the complaint is filed, the divorce should not take more than one year.

How much will my divorce cost?

The answer is up to you. Divorce attorneys work on an hourly basis. If you and your spouse can work out some of your issues and limit the scope of your disagreements, your divorce will be less costly.

What should I do to prepare for my divorce?

You should educate yourself about your finances. Make sure you know where the money is. Look for mail from financial institutions. Look for bank statements. Keep track of checks. Carefully examine your lifestyle and document your expenditures. Make a list of all your monthly expenses, keep credit card receipts and keep track of the cash you spend for incidentals. The better educated you are about your family's finances, the less likely it is that assets will be overlooked or concealed from you.

What is mediation?

A mediator is a neutral party who will assist you and your spouse in negotiating a settlement of your marital issues. The mediator will not tell you what to do, but will guide you in reaching an agreement. During mediation, it is wise to have the advice of an attorney. After the mediation process is completed, the attorney will draft a settlement agreement. In addition to being a matrimonial lawyer, I am a Court-approved mediator. By law, mediation and legal representation must be separate. So, if you hire me to mediate between you and your spouse, I cannot also be your attorney.

Is it better to settle or go to court?

A settlement is always better than going to court. A settlement allows both parties to participate in the final outcome. When you go to court, the judge controls the outcome.