Frequently Asked Questions
Answers from Our Monmouth County Divorce Lawyers
The decision to get a divorce is often met by uncertainty. While choosing to separate from your spouse is not exactly a new phenomenon, it doesn't change how much is at stake. The thought of child custody, property division, and alimony can easily set your head to spinning and make you doubt your decision.
Fortunately, our firm understands where you're coming from. The answers to the questions below come from over five decades of experience and a deep commitment to our clients' needs. As you begin this journey, know that you're not alone. Call our Monmouth County divorce lawyers today for personalized and compassionate representation that always goes the distance.
Is alimony a guarantee?
Courts in NJ do not require one spouse to pay alimony. Your circumstances must show that you have a financial need before one of four kinds of alimony is ordered. The four types are limited duration, rehabilitative, reimbursement, and permanent.
What is the difference between physical and legal custody?
Physical custody refers to when and where the child spends their time, while legal custody gives one or both parents the ability to make major decisions for the child. Either form of custody can be shared or sole, based on the best interests of the child.
How do I know what property will be divided?
The state has two categories of property as they relate to divorce––marital and separate. Separate property is anything that one spouse acquired before the marriage or received as a gift or an inheritance. Marital property, then, is everything else, including debt, the family home, and retirement funds.
Do I need to have an actual reason for why I'm getting a divorce?
Not necessarily. New Jersey allows for both "fault" and "no fault" divorces. A divorce based on fault grounds can include adultery, extreme cruelty, and desertion. If no one is technically at fault for your divorce, you can file based on irreconcilable differences. This is the most common reason for a no fault divorce.
Can I get my orders modified?
Yes, under the right circumstances. Custody, alimony, and child support orders can all be modified if you can show the court that a significant change in circumstances has occurred. This can include a new job, a move, or remarriage.
Can your firm represent me during my divorce?
Yes! We would be honored to protect your rights, both in and out of the courtroom. Our firm has been serving Monmouth and Ocean County for over 20 years and has a BV® Peer-Review Rating from Martindale-Hubbell®. Not only can we represent you, we can help you make the difficult decisions behind the scenes that impact what happens later down the line.
Schedule your consultation with our Monmouth County divorce lawyers today!