Frequently Asked Questions

It all depends on the nature of your divorce and your case specifics. Your spouse may have sound grounds for staying in the lives of his or her children, but you may feel you have grounds for 100% custody as well. Custody battles, parenting time, visitation schedules, alimony payments, and many other factors come intoContinue reading “Can I be guaranteed custody of my children?”

In New Jersey and New York, some of the fault-based grounds for divorce include adultery, extreme physical or mental cruelty, habitual drunkenness/drug use, desertion, and imprisonment/institutionalization.

Yes. Either parent may petition to modify a child support order, including both decreasing and increasing a parent’s obligation amount. The court may order modification or even termination of child support upon a showing of changed circumstances, such as when the paying parent experiences a substantial decrease or increase in income or earning capacity, orContinue reading “Can child support orders be modified?”

One of the factors that courts may consider when deciding on child custody is the reasonable preferences of the child. To consider a child’s preference, the court must first find that the child is old enough and mature enough to be capable of expressing a reasoned preference. But a child’s preference is only one ofContinue reading “Can my children decide who they get to live with?”

If you and your ex can reach an agreement regarding custody and parenting time, you legally do not need to involve the court with your family’s custody arrangement. However, if you and your ex can reach a child custody settlement, it may be advisable to file your agreement with the court to turn it intoContinue reading “Do we need to go to court if we agree about child custody?”

Yes. If either ex-spouse can demonstrate a substantial change in circumstances, they can file a motion with the court to modify alimony upwards or downwards or to terminate alimony entirely. A paying spouse may seek to reduce their alimony obligation if they experience a substantial decrease in their income or earning capacity or to terminateContinue reading “Can an alimony order be modified?”

No. Courts in New York and New Jersey have discretion as to whether to award alimony and how much an alimony obligation should be. Alimony is usually awarded in cases where necessary to ensure that both ex-spouses can maintain relatively comparable lifestyles or to enable one spouse to acquire the employment skills necessary to becomeContinue reading “Do courts always award alimony?”

You should consult with a family lawyer as soon as you are considering, or you know or believe a family member is considering, taking some sort of legal action, such as filing for divorce, child custody, or child support. You should certainly speak to an attorney once you have been served with notice of aContinue reading “When should I speak to a family law attorney?”

Having a professionally drafted, written, signed, and witnessed will and setting up a trust in accordance with all applicable laws are important parts of smart family law and estate planning. You can only contest a will or trust if you have sound legal grounds for doing so. Examples include someone who was coerced or forcedContinue reading “Can I contest a will or trust?”

The duration within which a party can initiate a timely will contest is determined by the state’s statute of limitations. In New Jersey, the clock typically starts ticking from the date the will is filed for probate. Failing to object to the probate application allows a narrow window of four months (or six months forContinue reading “What is the timeframe for contesting a will?”