SEEKING DIVORCE LAWYERS IN JERSEY CITY, NJ? CONTACT THE DIVORCE LAWYERS AND FAMILY LAW ATTORNEYS AT THE ARTUSA LAW FIRM. LET US START FIXING THE SITUATION.
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A divorce or family law issue is never easy. As divorce lawyers and family law attorneys in Jersey City, we try our best to make it as easy as possible for you but a divorce is a divorce and family law issues can be draining and very difficult. Whether the divorce is in Jersey City/Hudson County Divorce Court, Hackensack, Newark, Westfield, Trenton, or on Mars, it can be a very tough time for people. We at the Artusa Law Firm in Jersey City do the best we can to help individuals understand the process, what can be done, what can’t be done and what is the best way to approach the issues at hand. We can help you whether your case is uncontested, amicable, contested or somewhere in between. We know how to handle divorce cases, filing divorce papers, responding to divorce papers, and beyond.
Many times people stay in marriages for a variety of reasons: children, comfort, lack of options, cannot locate their spouse, domestic violence/fear, etc. but it truly is no way to live. The only person who knows if it is time to move on is you. Whether you simply know the marriage is over, whether it is the most stressful times of year-the Holidays, whether your spouse has committed adultery, abused you, a victim of domestic violence, if your family situation is not working, everyday is stressful. Whether it is because of your in-laws, your expectations or the fact that you no longer want to be in the situation, the stress builds up. You may be in the early stages of contemplating a divorce, you may have been served with divorce or dissolution of marriage papers in New Jersey or you may be focusing on more specific issues or concerns.
You may be wondering any of the following while thinking about getting a divorce in New Jersey: How can I obtain custody of my child? How do I get alimony in a divorce? How long does a divorce take? Do I have to stay in the same house until the divorce is over? How much does a divorce cost? How do I choose an attorney for my divorce? How many times do I have to go to court? Do I have to pay for my wife’s lawyer? My husband is having an affair, what can I get in the divorce? I want custody of our child, what can I do? The Artusa Law Firm is ready to help you if you seek professional family law and divorce representation in New Jersey and we can answer your divorce and family law questions. To view some of our recent case experiences, visit: Jersey Divorce Lawyer Case Studies or to view all of the legal services we offer, visit: Artusa Law Firm-New Jersey Divorce Lawyers and Litigation Attorneys.
Whether there are issues to fight over or not, we at the Artusa Law Firm can help you. Below Jersey City Divorce Lawyer and Family Law Attorney Santo Artusa explains various situations that a person may face in a divorce case. While we cannot cover every topic on this page, we do try to touch upon key topics in divorce and family law in New Jersey.
To setup an appointment contact us on 201-706-7910.
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WHAT IS AN UNCONTESTED DIVORCE?
An uncontested-no-fault divorce in New Jersey is one of the easiest ways to obtain a “dissolution of marriage” and/or final judgment of divorce. The usual cause of action is a no fault action such as irreconcilable differences or living separate and apart for 18 months or more. For other causes of action in divorce cases visit: New Jersey Divorce Lawyer-Causes of Action. The latter means that the parties have had problems for 6 months or more and do not have to live apart but the marriage is considered irretrievably broken. In these cases, you can have assets, children (custody and child support) and so forth but the issues have been decided or agreed to making the case more straightforward than a case where these critical issues need to be decided by a Judge. An uncontested case can take as little as 30 days or can take much longer depending on if your spouse is found, if your spouse signs the paper agreeing to the divorce or if he or she must be served. For more information about uncontested divorces visit this page.
WHAT ABOUT A CONTESTED NEW JERSEY DIVORCE CASE?
A New Jersey divorce that is considered a contested case is one where some or all issues are in contention (for example: you may agree on child custody for example but not on parenting time, or not on child support, or not on how to divide assets, but you may agree on alimony but not on the amount of length of time it will be paid or received). Some issues can be financial, other issues can be about child custody, or about the cause of action such as extreme cruelty or adultery. These types of cases take longer, are more expensive, and if not settled eventually, will be decided by a Judge who manages a busy matrimonial calendar. Unlike television which usually depicts criminal cases where a case is heard before a jury until it is over, in family/divorce court, a Judge decides the case and the case can be held on many different days of several months depending on the Judge’s calendar. This makes it harder to conduct a divorce trial because while your side may gain momentum, that momentum can easily be lost when three weeks separate the first day of trial and the next day. Family court is much busier than criminal court and again, you do not have a right to a jury in 99% of the cases. However, one of the greatest tools available to individuals with lawyers are the economic settlement panel (ESP) and economic mediation. We are skilled in presenting persuasive arguments at these settlement meetings which can help your chances of reaching an accord tremendously.
DOES MY SPOUSE NEED TO SIGN THE DIVORCE PAPERS IN NJ?
In these cases, the issue is not whether or not the divorce will be finalized, the question is how soon? Regardless if your spouse wants to end the marriage or not, a person in this country is able to dissolve their union without a spouse’s signature, however, if the spouse makes an issue of custody, assets, alimony, child support, etc,. it will just take longer and is a contested case. Once your spouse is served with the legal papers, he or she has 35 days to respond to the court. After that time period, your spouse defaults and we can seek a final judgment.
DO I HAVE A RIGHT TO A DIVORCE ATTORNEY IN NJ?
In the United States, people do not have a right to an attorney in a civil matter, family law and divorces are civil law cases. It is either you hire a lawyer to do it right or seek your interests or you go at it alone and you are held to the same standard as a licensed attorney in NJ who knows the rules of court.
WHAT IF I CANNOT FIND MY SPOUSE? DIVORCE BY PUBLICATION
Even if you cannot locate your spouse, you can obtain a divorce judgment, however the process is more complicated and takes more time. We know how to do it. When you cannot locate your spouse, we have to prove to the court through what is known as a diligent search that he or she cannot be located. Once we prove that to the court by way of motion and exhibits, the court will decide if we can place a publication in the newspaper serving your spouse that way. After 35 days has passed, your spouse will be in default and then a court date will given, granting you the divorce.
I WAS MARRIED IN ANOTHER STATE OR COUNTRY, CAN I GET A NEW JERSEY-DIVORCE?
YES. Where you were married has no bearing on where you can file for divorce. If you have been a resident of New Jersey for at least one year, you can file in our state.
DO ME AND MY SPOUSE HAVE TO APPEAR BEFORE A JUDGE?
If the case is resolved or your spouse has defaulted, he or she does not need to appear in court. In some cases, even the Plaintiff does not need to appear in court if the court documentation is done correctly. We can do that for you.
IF I OBTAIN A NEW JERSEY-DIVORCE JUDGMENT, WILL IT BE VALID IN ANOTHER STATE, OR COUNTRY SUCH AS INDIA, CANADA OR ANYWHERE ELSE IN THE WORLD?
This depends on the country in question. For example, while I am licensed to practice in New Jersey, but from my experience of handling many divorces for my Indian clients, if the case is agreed to or the cause of action matches one to that in India, the judgment can be registered there but you would need to confirm with an Indian lawyer in the State you wish to register it and you should consult with an Indian lawyer anyway. We have many Indian counterparts that will give you a consultation depending again on the state or area of India you seek to do this in. Regarding states, yes all states must honor the judgment but you may have to register the New Jersey divorce decree in that state if you seek to enforce certain aspects, etc.
MY CHILD LIVES IN ANOTHER COUNTRY, CAN I FILE FOR A NEW JERSEY-DIVORCE?
Yes, if you meet the New Jersey State residency requirements, you can file here but the United States will not have jurisdiction over child custody issues because the minor does not live here. If the minor lives in another state, you can also file for divorce in New Jersey but the other state (where the child lives) is where custody would be determined if it is not agreed to/resolved. If your spouse fights, a court here may determine that this is not the proper venue but the other state is. That is a fact sensitive issue.
HOW DO I GET CHILD SUPPORT IN NJ? IS THAT PART OF A DIVORCE IN NJ?
Child Support in New Jersey can be included in your divorce or you can file for child support before or after the divorce as well. Child support is always available to a custodial parent in New Jersey, the key question is when the parent wants to go after child support. Child support is usually calculated with the New Jersey Child Support Guidelines. For more information, visit: New Jersey Child Support Attorney.
MY HUSBAND/WIFE HAS NOTHING TO DO WITH OUR CHILD AND I WANT TO MOVE OUT OF STATE, DO I NEED HIS OR HER CONSENT?
If New Jersey is the State of residence and meets other criteria, in short yes, you need written consent (to be safe) to relocate out of state with your minor child. So if your soon to be ex does not respond to your divorce papers and your requested to relocate in the papers or in the request to enter judgment and other relief, you must specify where you seek to move to, why, etc. Whether it has been fought or not, we have never lost a child relocation case, ever. We know all the factors needed to prevail in relocation cases and whether it is part of the divorce, post divorce or even if you were never married to the non-custodial parent, we know what to do.
I WANT SOLE CUSTODY OF MY CHILD, CAN I OBTAIN THAT IN THE NEW JERSEY DIVORCE-JUDGMENT?
In Hudson County and throughout New Jersey, Joint Legal Custody is the preferred legal arrangement in New Jersey family court. However, if you can prove that the other party is not involved with your child, lives far away or other factors that a Judge will consider, it is in fact possible. It is important to know that whether a person has joint or sole custody, the non-custodial parent still has a right to see his or her child and to know that child. Joint legal custody has to do with important (non-day to day decisions).
I WAS NOT SERVED BUT MY SPOUSE OBTAINED A NEW JERSEY DIVORCE,
WHAT CAN I DO?
If you were not served and judgment has been entered against you and you seek to fight it, you can file a motion to set aside the judgment/order if you can prove you were not served, did not have knowledge of the case, if there was fraud, etc. We have successfully helped people in setting aside judgments and orders throughout the State.
WHERE WILL MY CASE BE HEARD OR DECIDED?
Each County in New Jersey has a Superior Court that hears family law issues. In Hudson County, it is in Jersey City. In Essex it is in Newark, 212 Washington Street to be precise. Bergen is in 21 Main Street in Hackensack. Union’s court is located at 2 Broad Street, Elizabeth. Middlesex Family is in New Brunswick. In Passaic County, the court is in Paterson.
The Artusa Law Firm is experienced in family law and divorce matters in New Jersey. Regardless if the case seems complex , simple, is contested, no-fault, fault, we can handle it efficiently. To view our home page that details the different areas of practice we focus on, click here.
In Uncontested Cases, We are able to create all the required paperwork, deal with the court, and get you divorced! Leave the stress to us as we know how to make this process as efficient as humanly possible.
While we touched upon some commonly asked questions in divorce cases and family related matters, there are many more questions that a person can ask that I did not mention on this page. If you have more questions, contact my office to meet with me or my staff.
Our office is conveniently located at 35 Journal Square, Suite 825, Jersey City, NJ 07306 near the Journal Square Path, Highway 440, 1 and 9, and is by appointment only because of our court schedule and number of appointments per day. We frequently appear in the Jersey City Family Court/Divorce Court and the Jersey City Traffic and Municipal Court. If you have a Jersey City case, contact us to help you. If you are seeking to move forward, contact us today on 201-706-7910.