Frequently Asked Questions

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?”

Yes. Our divorce lawyers and family law attorneys in Hackensack, NJ handle a wide range of family law and divorce cases. These include mediation, prenuptial agreements, child custody issues, visitation/parenting time conflicts, paternity, child support, alimony/spousal support, and the equitable distribution of your marital estate. We also handle divorce and family law cases involving domesticContinue reading “Can I use the services of your Hackensack divorce lawyers for other family law matters?”

There are no one-size-fits-all formulas for determining fair alimony payments. Determining the “correct” spousal support amount or alimony payment for your specific situation will require a review of your financial commitments, the size of your family, your income, your assets, your spouse’s needs and earning capacity, and what both parties deem to be a “fair” amountContinue reading “How much will I have to pay in alimony?”

Most divorce cases can be wrapped up in a few months, up to about a year. This is for uncontested divorces in which both parties agree on most or all of the terms of the divorce. For contested divorces, however, it can take longer, especially if the matter goes to trial or expert testimony isContinue reading “How long does the average divorce take?”

You should not use the same divorce attorney because the attorney may have a conflict of interest in representing both of you. Even if you and your spouse both agree to everything in your divorce and it is an uncontested matter, you are still technically opposing parties in your proceedings. It is better to haveContinue reading “Do I need to have my own lawyer, or can my spouse and I both use the same divorce attorney?”

No. New Jersey state law allows no-fault divorces. This means that either spouse can seek a divorce without having to cite reasons for wanting a divorce. If you are facing a divorce, the situation can be tough, but our family law attorneys in Fort Lee, NJ can help you navigate the important steps you must takeContinue reading “Can I prevent my spouse from going through with our divorce?”

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?”

Court intervention may be needed, but it depends on your unique situation. If a divorce matter becomes so contested that the parties involved cannot reach a fair middle ground or compromise themselves, then the case may head to court. The Choi Law Firm’s experienced family law attorneys in Bergenfield, NJ can help you with courtroomContinue reading “Do I have to go to court to resolve my divorce?”

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?”