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Do I have grounds for
divorce?
The grounds for divorce in New Jersey are determined by statute.
Under the terms of the statute, N.J.S. 2A:34-2, the following
are the grounds for divorce.
Usually, the factors that a Judge will examine when
making determinations on the financial issues of alimony, child
support and equitable distribution are governed by N.J.S. 2A:34-23.
Fault of one spouse or another is not a listed factor.
How long does the divorce
process take?
The length of time a case travels through the Court system depends
on many factors and varies county by county. The more complex the
case; the more intransigent the parties are in their position; the
length of the court backlog; and the caseload of counsel are all
factors which effect the time it takes a contested divorce case
to reach trial status. Keep in mind that at any time the parties
can settle their matter and have the case disposed of in mere days.
Will I have to pay alimony
(alternatively, am I entitled to alimony)?
There are a variety of factors which the court must consider in
determining whether an award of alimony is appropriate in each case.
The needs of the dependent spouse and ability of the payor spouse
are prime issues for consideration. In addition, the age of the
parties; the length of the marriage; the parental responsibilities
of each parent; and the education and work history of each partner,
are all among the factors to be considered.
How is child support determined?
In most cases, the amount of child support is determined based upon
a formula established by the New Jersey Child Support Guidelines
which considers primarily the parenting time of each parent, the
income of both parties and the number of children.
Can a party receive support
from the other spouse during the pendency of the proceedings?
Yes. The Court has authority to award pendente lite (temporary)
support to either party while a case is pending.
Does New Jersey recognize
joint custody?
Yes.
What is joint custody?
Although the New Jersey case law speaks in terms of "shared
parenting time", the common phrase for each party sharing
time with the children has been "joint custody". There
is no specific definition and the amount of time each parent has
with the child(ren) can be determined by judicial decree or agreement
of the parties. Joint custody can be actual physical time with
the child(ren) or can refer to the right of the parent of secondary
residence to be involved with all major decisions regarding the
upbringing of the child(ren). This might include such things as
education, health care and religious training. However, historically,
the courts are loath to micro-manage the family and often leave
decisions to the parent who has primary responsibility for the
day-to-day care of the child(ren).
Are grandparents entitled
to parenting time, in their own right, with the children?
Generally, the answer is yes. However, there are statutory factors
a court will consider and the amount of time will vary with the
circumstances of each case.
Does New Jersey recognize
a common law marriage?
No, although under special circumstances a person may be entitled
to money (support or distribution of property) based on explicit
and/or implied promises.
Can a spouse sue the other spouse for injuries
sustained or for other damages as a result of a domestic tort?
Yes. Domestic torts cover a wide range of misconduct including
not only conventional negligence but also intentional acts such
as assault and battery, criminal harassment, gross misconduct
and gross negligence, as well as acts which are reckless, wanton
and willful.
Can I sue another person
because they stole my spouse’s affections from me?
No. New Jersey enacted the Heart Balm Act many years ago and no
longer recognizes a suit for alienation of affections.
In order to save legal
fees, can one attorney represent both spouses in New Jersey?
No. The Rules of Professional Conduct, which govern all attorneys
in New Jersey, prohibit one attorney from representing both husband
and wife in a divorce action. However, it is not necessary that
both, or even one party, be represented by an attorney in order
to obtain a divorce in New Jersey.
What should I look for
in an attorney who will represent me in a divorce from my spouse?
A divorce is probably one of the most difficult experiences that
a person can go through in their lifetime. Having an attorney
in a divorce is far different than having an attorney help you
through a real estate closing on your home or handle your Will
or business affairs.
First, you should look for someone with experience in the intricacies
of matrimonial law. Matrimonial law is a field unto itself and
has its own peculiarities and pitfalls.
Second, choose someone who practices in the geographical area
where the case is listed for trial. It is quite helpful if the
attorney is familiar with the Judges in the county and understands
what they expect from the attorneys who appear before them. Furthermore,
counsel who is familiar with the Judge can often be helpful in
predicting a possible outcome in your case.
Third, ask around. Reputation is important and can be a helpful
indicator. Often, if you know someone who works in the court system,
they can be quite helpful. Further, check associations such as
the American Academy of Matrimonial Lawyers or the American College
of Family Trial Lawyers, both of which are prestigious groups
that are selective in membership. In addition, meet with the attorney.
Do not settle on the first lawyer you meet with just because you
might pay several consultation fees in order to shop around.
Consider these issues:
(1) How well does counsel answer your questions?
(2) Does the lawyer appear knowledgeable or does he/she hedge
their answers?
(3) Ask how quickly they respond to telephone inquiries and correspondence?
(4) Are they accessible? Do not be put off if they are busy. Good
lawyers always are. They should not be too busy for a reasonable
client, however.
(5) How do you relate to the lawyer?
(6) Is the attorney a good listener?
(7) Can you be comfortable speaking about personal matters with
the attorney? After all, they are possibly going to be with you
during some pretty rough times.
(8) Are they understanding and compassionate?
(9) Do they appear to care about you or are they only interested
in a fee? Do not expect them to be a therapist or a psychologist,
however. If you do, you will be wasting your money.
How much should a divorce
cost?
There is no one answer for all cases. Most quality divorce attorneys
charge on an hourly basis and require a retainer. The amount of
the total fee will depend, among other things, on the complexity
of the marital estate; the complexity of the legal issues involved;
the number of occasions that court appearances are required; the
amount of time that is spent with you and your spouse’s attorney;
and your need to consult with counsel. Be aware, however, that
often the fees result not from your action but from the action
of your spouse to which you may have no choice but to react. Thus,
despite your best efforts, and that of your attorney, your spouse
can increase your fee by his/her actions.
What is your best advice
about how to handle going through a divorce?
Be reasonable. Do not expect to punish your spouse through
the legal process. Be prepared to compromise and recognize that
the legal system is not perfect and cannot solve all problems
and issues resulting from a failed marriage. Keep focus on the
big picture and do not quibble about inconsequential items which
will have no long-term effect on the quality of your life.
