HUDSON COUNTY -NEW JERSEY DIVORCE LAWYERS AND NEW JERSEY FAMILY LAW ATTORNEYS
CALL US TODAY ON 201-706-7910
As New Jersey Divorce lawyers, people have many questions when it comes to divorce in New Jersey from the various causes of action, about alimony, child custody, parenting time, child support and other issues that can be addressed in a divorce in New Jersey. As divorce lawyers in a diverse city such as Jersey City and a diverse state such as New Jersey, I have dealt with cases that vary greatly.
People often ask during their New Jersey divorce or other New Jersey family law matter consultation:
- Will my wife get the house?
- Will my wife have custody of the kids?
- Who decides when I can see my kids?
- My wife is cheating on me, does she still get alimony or custody?
- My husband is cheating on me, how do I prove it in court?
- How much of my retirement money will my wife get?
- Do I have to sell the house in the divorce?
- How much alimony will I have to pay?
- What about my premarital assets?
- How long do I have to pay alimony?
- How long must I pay child support? The list goes on and on and the laws in New Jersey are not black and white and need interpretation, hence why lawyers and Judges are needed. You can reach the NJ Divorce Law Team at the Artusa Law Firm on 201-706-7910. Concerning legal questions and answers, In short the answer to most questions is:
Let us start with the first question, In a New Jersey divorce: Will my wife get the house? Will my husband get the house?
For the most part, the marital house is a joint marital asset even if your name is not on the deed or mortgage. If the parties cannot agree as to who will remain there, An NJ Divorce Judge can order one party to live there and buy the other party out. A NJ Judge can order the house sold and the net proceeds divided. There are many things that can happen when you leave the decision to a Judge. However, Judges are humans too! It is unlikely for a Judge to order a house sold where three children have lived there whole lives and there are other assets to divide or equalize to offset your spouse’s monetary share of the house.
NJ DIVORCE LAWYER: Will My wife get custody of the kids? Don’t women always get custody in a divorce in New Jersey?
First I ask clients or potential clients what they mean exactly by custody? Do they mean where the kids will live? Do they mean who will make the decisions? Depending on work schedules, who did the majority of the day to day upbringing and was responsible for the child each day, how long have you been apart from the kids, how far do you live from there now, how is the communication with your spouse concerning the kids? All of these factors will go into the decision as to where the kids will live “full-time” and where they will live alternatively (the non-custodial’s house). In terms of legal custody in New Jersey (the major decision making), New Jersey favors joint legal custody. Both parents should have the right to have input on their children’s lives. For more information about child custody, visit New Jersey Child Custody Lawyer.
HOW IS IT DETERMINED WHEN I CAN SEE MY KIDS? WHO DECIDES WHEN I SEE MY KIDS?
In parenting time, child custody and divorce disputes, the court offers custody and parenting time mediation with a trained mediator. If that fails, a New Jersey Family Court and Divorce Judge will decide a temporary schedule and/or at trial the final schedule until a change in circumstances occurs. The more detailed your parenting time schedule is, the more protection you have and the lesser the chances are that arguments and protracted litigation will occur over this issue. Try to avoid going back and forth to court, you will not only hurt yourself and your ex, but you could hurt your child because children feel the tension between parents. For more information about parenting time, visit our page: New Jersey Parenting Time Attorney.
HOW LONG DO I PAY CHILD SUPPORT FOR?
There is no automatic age for child support to end in New Jersey. If the child is 18 and is not in college full-time, a Judge may rule that he or she is emancipated. If a child joins the military, child support ends. If the child moves out or works full-time, child support ends. Child support is a fact sensitive issue.
HOW MUCH OF MY RETIREMENT ASSETS MUST I GIVE MY WIFE? HOW MUCH OF MY RETIREMENT ASSETS MUST I GIVE MY HUSBAND?
Divorces in New Jersey are guided by Equitable Distribution. The money accumulated in your retirement account PRIOR to the marriage and the increases or decreases in market valuations are yours alone. The money you add after the marriage is a joint marital asset and the Judge will determine the equitable share. Most often the share of that amount (the amount during the marriage) will be split evenly but there have been deviations of 10% or more in one party’s favor. Remember, New Jersey is not a community property state but an “equitable distribution” state where several factors go into the Judge’s decision. Remember New Jersey is an equitable distribution state. For more information about the division of marital assets in New Jersey, visit Equitable Distribution in New Jersey.
HOW MUCH ALIMONY MUST I PAY AND HOW LONG DO I HAVE TO PAY ALIMONY?
Alimony is not guaranteed in a New Jersey Divorce, however if you agree to pay it or have been ordered to pay it, the Judge will make a determination based on the length of the marriage, the incomes of the parties, the potential income of the parties, the age of the parties, the lifestyle led during the marriage, the assets available to each party, the child/parental responsibilities and so forth. Having an effective New Jersey divorce lawyer can help you in the alimony aspect of your case which is usually a major source of contention in the New Jersey family courts. Some parties elect to give a bigger share of the marital assets to avoid alimony but I do not suggest that if you are the person who may have to pay alimony. Why? Because you do not know what life will bring you. You do not know if you will lose your job and not recover. You do not know if your health will be well for long. Frankly, you do not know what will happen in the next five minutes. If you give a larger portion of your assets and you suffer a setback, you are not getting that money back. Lastly, there are no tax advantages in giving more of your assets while alimony has a major tax advantage for the payor.
NJ-DIVORCE LAWYER: I WAS NOT MARRIED IN THE UNITED STATES, CAN I STILL GET A DIVORCE HERE?
Where you were married is not relevant to where you can get a divorce. If you lived in New Jersey for more than one year, New Jersey may have jurisdiction.
NEW JERSEY DIVORCE LAWYER: MY WIFE IS CHEATING ON ME, DO I STILL HAVE TO GIVE HER ALIMONY OR HALF OF MY MONEY?
New Jersey is a no-fault state. This means that even if you prove someone has cheated on you
HOW LONG DOES A DIVORCE TAKE?
A divorce can take 30 days or it can take years depending in the complexity of the issues, the number of motions brought, the amount of discovery needed, the amount of time it takes to serve your spouse, whether an agreement can be made on some of the issues, all of the issues. The courts try to have divorce cases done within 365 days but this is sometimes impossible. In Hudson County, there are times during the year that case that normally takes 30-45 days takes more than 90 days depending on the volume of cases and time of year.
INFORMATION ABOUT NEW JERSEY
New Jersey, while not the largest state in terms of area, New Jersey is one of the densest states in America and on both ends of the State, we border two major cities. New York in the North and Philly in the South. The capital of New Jersey is Trenton in Mercer County, and that is also where the New Jersey Supreme Court is located, in Trenton. The current state population is approximately 9 million people. Newark is currently the largest city with Jersey City coming in at a close second. New Jersey is the home of more engineers and scientists per square mile than anywhere else in the world! It is also home to Princeton University, Rutgers University and many other colleges and universities. It is also the home to the New York Giants (my team), the New York Jets, and the New Jersey Devils.
If you have a family law or divorce case in New Jersey and seek professional representation, contact my office on 201-706-7910 today. For more information about the division of assets/equitable distribution, visit our article featured in Divorce Magazine on: http://www.divorcemag.com/blog/divorce-in-new-jersey-how-are-assets-divided-under-equitable-distribution
For more specific information about where your local superior court maybe, visit our Artusa law Firm-Divorce Court Map below:
To visit our video about divorce in New Jersey, please see below