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Examples of Divorce and Family Law Situations in New Jersey:
Can you explain the contested divorce process? A contested divorce is when the parties cannot agree on all or some of the issues between them. For example, while we know the parties want a divorce, the parties may not agree on the division of assets or debts, or they may not agree on child custody. If they do not agree on all aspects of the case, it is contested. However, while the case may start as contested, after discovery or negotiations, a settlement can be made at anytime, avoiding the need for a trial.
Can you explain the uncontested divorce process? An uncontested divorce is when the parties agree to any and all issues in the case.
Is mediation required? Mediation is required if parenting time and/or custody is in dispute.
What is the Early Settlement Panel? The early settlement panel is one of the greatest tools available to the parties through their attorneys in New Jersey. Their attorneys submit their client position on the outstanding economic issues in the case and the panel, which consists of 1-3 experienced family law attorneys, give the attorneys and clients their professional opinion. If the parties do not agree, they do not have to settle. For more information about the early settlement panel, visit our page dedicated to the Matrimonial Settlement Panel in New Jersey Divorces.
What is Economic Mediation? Economic mediation is similar to the settlement panel except that it is not conducted at the courthouse, the first two hours are free with the mediator who is chosen from the mediator roster at the court and it gives the parties another chance to settle the matter before a trial starts.
Do I have to take a parenting class? If children are involved in the case and no prior custody or parenting time order exists, the court may require both parties to take the parenting class.
My spouse lives out of state, can I file in New Jersey? If you fulfill the residency requirements, you may file in the State of New Jersey. If your children live in another state and are under 18, your spouse may seek to have the case heard there.
How long does it take to get a divorce? A divorce can take 60 days to well over a year. It depends on the issues, the county, the lawyers, the Judge, etc.
Can I have my maiden name back? Yes. If you are seeking your maiden name back not to avoid creditors, civil litigation or criminal litigation, you will be able to have your maiden name back.
Am I entitled to alimony? Alimony is a very fact specific issue that requires knowing the incomes of both parties, the marital lifestyle, length of marriage and so forth.
How is child support calculated? To calculate child support, both parties incomes are needed. The court or the lawyers need to know how many overnights the non-custodial parent has, whether there are mandatory union dues, health care costs and work related daycare costs. With that information, the calculator will issue a number for the weekly net amount of child support. For more specific information about child support, visit our page New Jersey Child Support Attorney.
What are the different parenting time schedules? Parenting time is very case specific. You can agree with your spouse to a schedule or have an open and liberal parenting schedule. If that does not work, the Judge can issue a parenting time schedule.
For more information about choosing a family law attorney and other important questions view our article featured in divorcemag.com http://www.divorcemag.com/blog/good-family-lawyer-help-post-divorce-happiness