Frequently Asked Questions

Estate administration typically begins by filing the will with the Surrogate’s Court and having an executor formally appointed.

Costs vary depending on the complexity of the case and the level of dispute involved.

A will is a document that provides instructions for how you want your assets to be distributed following your death. In a will, you will typically nominate someone to administer your assets and estate; this person is called an executor. You can use your will to give specific assets to certain people or organizations, or youContinue reading “What is a will?”

While adultery by one spouse does not, by itself, have any effect on how the court will rule on equitable distribution in divorce, the court may consider the financial ramification of a spouse’s infidelity when deciding equitable distribution. For example, if the court finds that the unfaithful spouse spent an excessive amount of money thatContinue reading “Does my spouse’s infidelity affect the court’s equitable distribution order?”

If you are seeking a protection order after becoming the victim of domestic violence committed by someone who lives in your home, such as a partner or spouse, you can request that the court includes a provision that your abuser is required to vacate the house. Courts can order this even if your home isContinue reading “If I obtain a protection order against someone I am living with, who has to leave the home?”

Using what is known as “post-judgment,” you can have specific actions taken to modify or enforce divorce agreements even after the divorce has been finalized. These types of modifications can be small, such as correcting typing or data entry errors, and they can be large, as often happens in complex custody and financial cases thatContinue reading “Can I modify the specifics of my divorce after the fact?”

You can have a 50-50 split but such a split is not guaranteed. It all depends on how long you were married, the physical and mental well-being of you and your spouse, your respective earning capacities, and how much you both contributed to the creation of the wealth, assets, and estate you share, not toContinue reading “Will my spouse and I have a 50-50 split of our assets?”

New Jersey is a no-fault divorce state, which means your spouse can seek a divorce without having to provide reasons for doing so. You may seek an annulment if you have grounds to do so, in which case your marriage will be stricken and voided as if it never happened. However, if you do notContinue reading “I don’t want to get a divorce. What are my options?”

Many factors will impact how your assets are to be distributed after the divorce and how child support, visitation, and parenting decisions will be made. For example, the equitable distribution criteria (N.J.S.A. 2A: 34-23.1), uses the duration of the marriage or civil union, the age and overall health of the parties involved, any prior agreements,Continue reading “How is property divided and custody and visitation determined?”

No. New Jersey is a no-fault divorce state. You can get divorced if you want to without citing specific reasons for wanting the divorce. However, if there are grounds on which you can file for divorce, such as adultery, abuse, or separation, then you may wish to include those grounds in your filing since theyContinue reading “Do I need to provide a reason for wanting a divorce?”